Unveiling the Journey of OCR Investigations at JW Marriott Austin

JW Marriott Austin, Texas July 19-23, 2021 What Happens When OCR Comes a Calling Presenter Bree Callahan, University of Washington

JW Marriott Austin, Texas July 19-23, 2021 Conference Civility Statement We ask you to join us in creating a culture that reflects Access and Inclusion and Civility and Respect this week and in all aspects of our organization.

JW Marriott Austin, Texas July 19-23, 2021 Introductions Presenter (Bree) ADA Coordinator for at University of Washington DS Manager/Director across 3 colleges OCR and Human Rights Commission experience Audience (You) Types of institution? Experience with OCR?

JW Marriott Austin, Texas July 19-23, 2021 Agenda OCR investigations basics Who, what, when, where, why, how? UW 2013 case: OCR Reference No. 10132176 Background & unique elements in case Timeline of OCR engagement Outcomes of settlement agreement Key learnings moving forward

JW Marriott Austin, Texas July 19-23, 2021 Office of Civil Rights Investigations Disclaimer: I am not a lawyer and these are my personal work experience answers across 3 colleges Who submits claims? What can they claim? When do I hear if one has been filed? Where are the limits of a case? Why would a college choose a settlement vs an investigation? How do I prepare for an investigation?

JW Marriott Austin, Texas July 19-23, 2021 UW s Voyage with OCR

JW Marriott Austin, Texas July 19-23, 2021 Background Student Foster School of Business major OCR Claim 15 allegations Timeline Claim over Winter Quarter 2013 Investigation April 2015 Agreement settled 2019

JW Marriott Austin, Texas July 19-23, 2021 Unique Elements Previous institutional investigation High touch/communication student Lack of an accommodation policy DS office leadership transition Paper based DS operations

JW Marriott Austin, Texas July 19-23, 2021 Winter Quarter 2013 Intentional partnership with faculty Clear information on process for accommodations Communication of responsibilities Monitoring implementation of accommodations

JW Marriott Austin, Texas July 19-23, 2021 Bumps in the road Nature and structure of courses Peer notetaking Students knowledge of assistive technology Timeliness of absences and requests to use accommodations

JW Marriott Austin, Texas July 19-23, 2021 OCR Engagement October 2013: UW learned of the claim filed by the student, OCR first encouraged a settlement agreement between the student and UW 2014: Back and forth between the student, OCR, & UW but eventually OCR decided to investigate 2015: Documents submitted to OCR, and held 3 day investigation in April 2016-2018: Occasional check in with OCR, no determinations 2019: OCR reaches out to UW, seeks settlement between UW and itself

JW Marriott Austin, Texas July 19-23, 2021 2019 Settle Agreement Review and Update Policy and Procedures Send University Communications on Process Set Annual Notice on Reasonable Accommodation Process Refund student s quarter in question and adjust transcript

JW Marriott Austin, Texas July 19-23, 2021 Enhancements of Process Creation of Student Accommodation Policy Formalize Accommodation Reconsideration Review of accommodations and related implementation processes Update Disability Absences Agreement Revised Faculty Notification Letter Enhance communications to faculty and students

JW Marriott Austin, Texas July 19-23, 2021 Benefits of OCR Engagement Full review of policy and procedures Support in determination of access barriers Approval of implemented updates Requirements for notice and trainings Engagement of University leadership

JW Marriott Austin, Texas July 19-23, 2021 Key Take Away: Policy & Procedure Questions: Do you have them, do they work, do you follow them? How do you engage in the interactive process Reflections to ponder: Is this a burdensome process? Why are we requiring it? What barriers exist to implement something we approve?

JW Marriott Austin, Texas July 19-23, 2021 Key Take Away: Determining a barrier Questions: How do you determine what the barrier to access is? Is the request reasonable, or are there alternatives that would be as or more effective? Do variables change based on different environments? Reflections to ponder: Is information communicated clearly in writing? Can a student or faculty member appeal a decision, how?

JW Marriott Austin, Texas July 19-23, 2021 Key Take Away: Education & Training Questions: How do you educate on the accommodation process? How do you train and support DS staff? How do you make the DS process user friendly? Reflections to ponder: Where can you be strategic with training and resources? How do you share the different responsibilities?

JW Marriott Austin, Texas July 19-23, 2021 Lasting Impacts Reinforced changes made between 2013-2018 Growth in partnership with Provost office Annual notices and connections to Faculty Senate University Leadership aware of resource needs Enhancements to grievance procedures

JW Marriott Austin, Texas July 19-23, 2021 In Closing OCR engagement can be positive Build a process that works Have a solid foundation in identifying barriers present, then determine effective ways to remove them Build an informative narrative to leadership

JW Marriott Austin, Texas July 19-23, 2021 Questions? Bree Callahan, ADA Coordinator Email: breec@uw.edu Disability Resources for Students Office Website: disability.uw.edu

JW Marriott Austin, Texas July 19-23, 2021 Session Evaluation Your feedback helps shape future programming. Thank you for attending!