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Resolution 24-04

 

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Resolution 24-04: UNC-CHAPEL HILL EMPLOYEE FORUM RESOLUTION REGARDING INACCESSIBLE EMERGENCY & SAFETY PLANNING

 

WHEREAS, the Employee Forum at University of North Carolina-Chapel Hill (“UNC-Chapel Hill” or “University”) was created to “advocate for and constructively address the challenges, needs, and opportunities of UNC-Chapel Hill Employees” 1 and seeks to continually improve the quality of life at UNC-Chapel Hill for its staff, students, and faculty; and,

WHEREAS, the UNC-Chapel Hill Employee Forum is in a unique position to learn about, often through direct experience, both unique and widespread challenges staff and Carolina community members face and are well positioned to bring these issues to leadership; and,

WHEREAS, the Americans with Disabilities Act (ADA), as amended, states that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity [which includes UNC-Chapel Hill], or be subjected to discrimination by any such entity” 2; and,

WHEREAS, Section 504 of the Rehabilitation Act of 1973, as amended, ALSO states “[n]o otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”3; and,

WHEREAS, the U.S. Department of Education’s regulations on implementing Section 504 state “[n]o qualified handicapped student shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any academic, research, occupational training, housing, health insurance, counseling, financial aid, physical education, athletics, recreation, transportation, other extracurricular, or other postsecondary education aid, benefits, or services to which this subpart applies”4; and,

WHEREAS, the Americans with Disabilities Act (ADA) is a federal mandate which states that employees with disabilities should not experience barriers to get accommodations as failure to provide accommodations and unnecessary delays can result in a violation of the ADA5; and,

WHEREAS, numerous6 media7 articles8 have highlighted the severe and ongoing concerns about accessibility on the UNC-Chapel Hill campus; and,

WHEREAS, UNC-Chapel Hill’s lack of adequate consideration of people with differing needs and abilities on our campus when making operational or safety modifications or emergency procedures 9; and,

WHEREAS, the University’s documented failure to meet the accessibility needs of the campus community dramatically impacts the safety and wellbeing of said members at all levels and prevents those individuals from living, working, and learning at the University with the same level of ease as their peers; and,

WHEREAS, the University’s documented failure to meet the accessibility needs of the campus community places the University at risk of financial, legal, life/safety, operational, and reputational harm; and,

WHEREAS, the UNC System’s 2022-2027 Strategic Plan states “[the UNC System’s] constituent institutions … collectively comprise an inclusive and vibrant System that is committed to excellence and the development of a diverse community of staff, students, and faculty”10 including people of diverse abilities; and,

WHEREAS, the UNC-Chapel Hill Strategic Plan, Initiative #1: Build Our Community Together, states: that UNC recognizes “the fundamental challenges in our day-to-day life in the form of real and urgent concerns about accessibility, race, religion, sexual orientation, gender identity, culture, health inequities and political orientation… Carolina is committed to creating and sustaining a diverse, equitable, and inclusive community of students, faculty and staff. Our differences are our strength.”11; and,

WHEREAS, as a preeminent institution of higher learning, and the flagship of the University of North Carolina system, UNC-Chapel Hill should be actively leading the charge to weave a rich tapestry of personal lived experiences and abilities; and

WHEREAS, the increased security measures of the past few months have shown a lack of consideration to our staff, faculty and students with disabilities and violates their rights to access their offices, classrooms, dormitories and study spaces even after requests have been made; and

WHEREAS, Provost Clemens indicated in the November 1, 2024, Employee Forum meeting that not informing UNC Staff about the plan to lock buildings for the week of October 7th was intentional as opposed to an accidental oversight; and,

WHEREAS, the Employee Forum recognizes the ongoing accessibility challenges are complex and will require work to solve, and stand ready to support University leadership and other stakeholders with developing and implementing practical solutions;

THEREFORE, BE IT RESOLVED that the Employee Forum calls on the Chancellor and his Cabinet to:

  1. Prioritize and lend support and resources to accessibility related maintenance requests and complete said maintenance in a timely manner.
  2. Develop an agile and robust process for receiving student and employee accessibility concerns and adding those to the existing maintenance list.
  3. Treat Staff as partners and facilitators in the smooth operation of the Chapel Hill campus.
  4. Include Staff as equal stake holders to Faculty in all communications sent out about changes to campus operations and security measures.
  5. Recommend at the time of any proposed security response changes, that the UNC Police Department, Campus Safety and Office of Emergency Management and Planning work with a designated liaison from the Office of Equal Opportunity and Compliance to create a written plan which intentionally takes accessibility into account.
    1. This should include a robust conversation about ensuring that handicap door opening buttons are in working order at all times (for entry and exit).
  6. Recommend that the UNC Police Department, Campus Safety, Office of Emergency Management and Planning and the Office of Equal Opportunity and Compliance collaborate to review and update training for UNC Police Responders, other front-line responders and entities contracted by UNC-Chapel Hill on how to appropriately interact with persons with disabilities and their support animals and aids.
  7. When UNC is contracting with outside groups for security purposes, said contractors will first be briefed on the Policy on Prohibited Discrimination, Harassment and Related Misconduct before interacting with community members, especially but not exclusively those with disability aids.
  8. Recommend that the Office of Equal Opportunity and Compliance review all current security plans for adequate accessibility measures.
  9. Uphold and comply with the ADA, as required by law, ideally exceeding expectations for our community members; this includes installing working One Card access readers at all entryways with ramps and handicap door opening buttons.

 

Signed on behalf of the Delegates of the Employee Forum,

Katie Musgrove, Chair

References

  1. UNC-Chapel Hill Employee Forum Mission. https://employeeforum.unc.edu/
  2. US Department of Justice: Americans with Disabilities Act of 1990, As Amended. https://www.ada.gov/law-and-regs/ada/
  3. Nondiscrimination under Federal grants and programs. 29 U.S.C. § 794 (2015). https://www.law.cornell.edu/uscode/text/29/794
  4. Treatment of students; general, 34 C.F.R. § 104.43(a) (2000). https://www.ecfr.gov/current/title-34/subtitle-B/chapter-I/part-104/subpart-E/section-104.43
  5. JAN: Job Accommodation Network of the U.S. Department of Labor. A to Z: Accommodation Topics-Five Practical Tips. https://askjan.org/topics/accommo.cfm
  6. Fore, P. (2022, September 6). “A violation of civil rights”: UNC maintenance backlog highlights lack of campus accessibility. The Daily Tar Heel. https://www.dailytarheel.com/article/2022/09/university-maintenance-backlog-update-accessibility
  7. Fore, P. (2023, February 23). ‘Blatant disrespect and harm’: Unreliable elevators highlight campus accessibility issues. The Daily Tar Heel. https://www.dailytarheel.com/article/2023/02/university-campus-accessibility-elevators
  8. Egan, E., & Reilly, L. (2023, March 1). ‘No mind or body left behind’: The 32-hour fight for accessibility at UNC. The Daily Tar Heel. https://www.dailytarheel.com/article/2023/03/university-accessibility-activism-south-building
  9. Daily Tarheel https://www.dailytarheel.com/article/2024/10/university-emergency-procedure-accessibility
  10. The University of North Carolina System. (n.d.). Higher expectations: University of North Carolina System strategic plan for 2022-2027, 18. https://www.northcarolina.edu/impact/strategic-plan/
  11. University of North Carolina at Chapel Hill. (2020). Carolina Next: Innovations for public good. https://carolinanext.unc.edu/initiatives/build-community/

 

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