56 Nova Southeastern University Student Handbook Reports of sexual misconduct outside of the jurisdiction of Title IX may be referred for review under the university disciplinary procedures. In cases where the reported behavior may constitute sexual assault, domestic violence, dating violence, and/or stalking, the disciplinary procedures will include the procedural rights required by federal law. These include a prompt, fair, and impartial disciplinary proceeding in which the respondent(s) and complainant(s) are provided with • equal opportunities to have others present, including an adviser of their choice • simultaneous written notification of the result of the proceeding and any available appeals procedures • timely notice of meetings • timely and equal access to information that may be used during informal and formal disciplinary meetings and hearings E. Additional Grievance Procedures Available E.1 Grievance Procedure for Discrimination Based on Disability Disability discrimination can occur whenever a qualified individual with a disability is denied the same equal opportunities as other university students, faculty and staff members, and third parties, because of their disability status. Under applicable disability laws, an individual with a disability is a person who (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment. Temporary, nonchronic impairments that do not last for a long time and that have little or no long-term impact usually are not disabilities. The determination of whether an impairment is a disability is made on a case-by-case basis. a. What is a “major life activity” under the law? To be considered a person with a disability, the impairment must substantially limit one or more major life activities. Examples of major life activities include walking, speaking, breathing, performing manual tasks, seeing, hearing, learning, and caring for oneself. b. What does “qualified” mean? To be protected, a person must not only be an individual with a disability, but must be qualified. For students, a qualified individual with a disability is a person who, with or without reasonable modifications to rules, policies or practices; the removal of architectural, communication or transportation barriers; or the provision of auxiliary aids or services, meets the essential requirements for the receipt of services or participation in programs or activities provided by the university. For university employees, a qualified individual with a disability is a person who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position and who, with or without a reasonable accommodation, can perform the essential functions of the position.
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