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Rights and Responsibilities of the College, Faculty, and Students

College Responsibilities 

  • To prohibit discrimination against qualified individuals with disabilities.
  • To reduce or eliminate physical, academic and attitudinal barriers.
  • To provide reasonable accommodations.
  • To maintain the strictest of student confidentiality.
  • To develop a shared responsibility and community for individuals with disabilities.
  • To assist the student in self-advocacy.
  • To assist the student in problem solving.
  • To guide the student to possible resources that might assist him or her, whether it is on campus or networking in the community.
  • To be sensitive to the individual personalities of students, whether it be in communicating their needs or an attempt to maintain dignity with a very difficult issue.
  • To serve as liaison with faculty when a medical emergency necessitates an extended absence.

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Student Rights

According to the California Code of Regulations (Title V), the Rehabilitation Act of 1973 (Section 504), and The Americans With Disabilities Act of 1990 (ADA), you have certain rights.

  • To not be denied access due to a disability.
  • To receive reasonable accommodations that provides equal opportunity.
  • To have access to auxiliary aids and/or assistive technology.
  • To not be counseled toward “more restrictive career objectives”.
  • To receive assistance from DSPS in removing any physical, academic, or attitudinal barriers.
  • To not be discriminated against due to a disability or receive any retaliatory discrimination.
  • To identify themselves to DSPS if they wish to receive services through DSPS.
  • To provide documentation of disability if they wish to receive services through DSPS.
  • Your participation in DSPS shall be entirely voluntary.
  • As a qualified student with a verified disability, you have the right to receive reasonable academic accommodations based on your educational limitations in order to have access to activities, programs, and services. The college faculty and staff shall not automatically reject an accommodation unless other effective, more feasible ones exist, or the identified accommodations have been determined to lower academic standards or otherwise fundamentally alter the nature of the program in question.
  • You shall not be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity in a public entity. In essence, you shall not be discriminated against in any way on the basis of disability.
  • Receiving DSPS support services/accommodations or DSPS instruction shall not preclude you from participating in any other course, program or activity offered by the college.
  • All records maintained by DSPS personnel pertaining to your disabilities shall be protected from disclosure and shall be subject to the Family Educational Rights And Privacy Act requirements for handling of student records. However, your consent to release of information is not required as long as the disclosure is to other school officials (including instructors) within the college whom Cuesta College has determined to have legitimate educational interests. Portions of the information you present to DSPS may be shared with the Chancellor’s Office of the California Community Colleges or other state or federal agencies; however, disclosure to these parties is made in strict accordance with applicable statues regarding confidentiality, including the Family Educational Rights And Privacy Act. According to Section 7 of the Federal Privacy Act, providing your social security number is voluntary.

If you wish to file a formal complaint regarding discrimination on the basis of disability, you should contact the ADA/504 Coordinator (805-546-3129). You may also contact the US Department of Education Office for Civil Rights.

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DSPS Student Responsibilities

DSPS receives special funding to provide services to students with disabilities and is required to meet state and federal regulations. To help us comply with these regulations, you, as a student receiving DSPS services, have the following responsibilities:

  • to provide DSPS with the necessary documentation of a disability;
  • to request services;
  • to meet with a DSPS specialist to complete a Student Educational Contract;
  • to demonstrate measurable progress toward the goals in your Student Educational Contract;
  • to notify DSPS in advance of any absences from class or appointments if you are using readers, interpreters, tutors, and/or other assistants (failure to notify DSPS might result in the loss of services);
  • to return any equipment on loan from DSPS at the end of each semester (if the equipment is not returned, you will be held responsible for replacement costs);
  • to maintain behavior appropriate in an educational setting;
  • to provide for her/his personal independent living needs or other personal disability related needs;
  • to abide by the Student Code of Conduct and the Academic Honesty policy.
  • to adhere to DSPS policies for accommodations; and
  • to adhere to the Cuesta College Code of Conduct and to abide by the Student Code of Conduct and the Academic Honesty policy.

Student Code of Conduct at Cuesta College (Board Policy 6200)

You are held individually responsible to abide by the information contained in the Cuesta College Catalog and by the Student Code of Conduct. Failure to read and comply with college regulations will not exempt students from whatever penalties they might incur.

You are expected to conduct yourself in an acceptable manner while on campus and when representing Cuesta College in any off-campus activity. Specific rules and regulations and applicable penalties for violation of the Student Code of Conduct (Ed Code 66300) are available in the Office of the Dean of Student Services at any time. You have the responsibility to be aware of the College regulations.

Academic Honesty at Cuesta College

The Student Code of Conduct published in the Cuesta College catalog defines dishonesty as ". . . cheating, plagiarism, or knowingly furnishing false information to the college." Such behavior shall constitute sufficient cause for the initiation of disciplinary action.

More Information on Rights and Responsibilities for Students with Disabilities

Information on Suspension of DSPS Services

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Faculty Rights

  • Classroom Behavior. All Cuesta students must adhere to the Cuesta College Code of Conduct regardless of whether they have a disability. Infractions of this code should be directed to the vice-president of student support. If the student has been identified as a student with a disability, this information should be provided to the vice-president to facilitate collaboration with DSPS.
  • Challenging Accommodations. A faculty member has the right to challenge an accommodation request if s/he believes the accommodation is not appropriate for the class. If the accommodation would result in a fundamental alteration of the program, the institution is being asked to address a personal need, or the accommodation would impose an undue financial or administrative burden on the institution then the college may deny a request for a specific accommodation.
  • Taping Lectures. It is the faculty member’s right to request a written Classroom Accommodation Agreement before allowing the student to tape record the class. Download Classroom Accommodation Agreement Form.

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Faculty Responsibilities

  • Shared Responsibility. As an employee of Cuesta College , which has compliance obligations under federal laws, the faculty member shares the responsibility to provide reasonable accommodations for students with disabilities. The faculty member is a partner in helping to meet the needs of the qualified disabled student and participates in the development of accommodations for their students.
  • Confidentiality. Students with disabilities are protected under Family Education Rights and Privacy Act (FERPA) and the civil rights laws. At no time should the faculty make any statements or implications that the student is any different from the general student population.

    Examples:

    • Do not ask the student to come to the classroom and then leave with a test in hand.
    • Do not place the student in any obvious place to take an exam because you want to be close to them in case they have a question.
    • Do not discuss the student's needs or accommodations other than in a private place.
    • Do not make comparisons between students with disabilities and other students.
  • Syllabus Statement. It is recommended that each course syllabus contain a Reasonable Accommodation statement. For example: “If you have a disability and might need accommodations (support services) in this class, please contact Disabled Student Program & Services in Building 3300 as soon as possible to ensure that you receive the accommodations in a timely manner. You may also discuss your need for accommodations with me .”

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