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Equal Access and Disability Rights Commission Final Report

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Equal Access and Disability Rights Commission Final Report EQUAL ACCESS AND DISABILITY RIGHTS COMMISSION FINAL REPORT APRIL 2019 TABLE OF CONTENTS Introduction ....................................................................................................................... 1 Our Mission ........................................................................................................................ 2 Our Vision . .......................................................................................................................... 2 Our Goals ........................................................................................................................... 2 Methodology ...................................................................................................................... 3 Statement of Facts ............................................................................................................ 6 Summary of Disability Legislation ................................................................................. 7 Selected Student/Alumni Statements .......................................................................... 9 Specific Legal Violations .................................................................................................. 40 Recommendations BYU Administration .................................................................................................... 51 University Accessibility Center ................................................................................. 52 BYU Approved Housing ............................................................................................. 57 Counseling and Psychological Services ................................................................. 58 Implementation of Student-led Projects .............................................................. 58 Physical Campus ......................................................................................................... 62 Testing Center .............................................................................................................. 67 University Police .......................................................................................................... 68 Campus Culture .......................................................................................................... 69 Other .............................................................................................................................. 69 Commission's Note on Recommendations .......................................................... 70 Appendix 1: Statements ................................................................................................. 73 EQUAL ACCESS AND DISABILITY RIGHTS COMMISSION PAGE | 01 INTRODUCTION This document serves as a final report of the research conducted on Brigham Young University's disability awareness by the Equal Access and Disability Rights Commission. This document is in response to many failed attempts to enact policies that would bring equal access to the university. We desire to bring truth and transparency to the violations that have occurred at this institution, and seek to provide reconciliation for BYU students and progress for the institution. BYU has not complied with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. Thus, knowingly or unknowingly, BYU has created a culture of ignorance and dismissal towards some of its most vulnerable students. Unfortunately, institutions can become conduits of social inequality if not properly monitored and improved. At BYU, the administration and staff help to create social values, which can either hurt or help the life of each student at BYU. The Equal Access and Disability Rights Commission thus intends to orient BYU on aspects of disability so the university can fulfill its mission to serve all its students. We desire to meet with BYU administration to discuss and enact our recommendations for change. This document will be distributed to the public and its recommendations will be made transparent for all. PAGE | 02 EQUAL ACCESS AND DISABILITY RIGHTS COMMISSION OUR MISSION To ensure that all students have equal access to education and a positive college experience. OUR VISION In the United States, many students benefit from higher education opportunities. However, many disabled individuals lack such opportunities, not because of their credentials, but because of their bodies. Despite being a significant part of the total population, disabled people attend college in low numbers because their accessibility rights are often left unmet. The ADA and Section 504 of the Rehabilitation Act Of 1973 were created to protect the accessibility rights of disabled people in all areas of life, including both public and private education. As a recipient of federal funding, BYU must comply with Section 504, but the research of this commission reveals serious shortcomings in this regard. Without true accessibility, BYU is severely restricting the basic human right of education. It is a grave misinterpretation of human rights to assume that disabled students do not deserve equal opportunities in education. Disabled students want to attend BYU without being forced to give up their rights of equal access. Unfortunately, many disabled students are reluctant to advocate for themselves because they feel that they lack power and influence. This report is intended to give those students a voice. This report is not a condemnation nor contradiction of BYU or The Church of Jesus Christ of Latter-day Saints, but rather a tool for analysis and discussion. We believe that through constructive dialogue, BYU can become a model institution for treatment and accommodation of people with disabilities. Disabled individuals are truly an asset to society through their hard work and unique resilience. Equal access is not the end, it is only the beginning. OUR GOALS 1. Change the physical environment to bring equal access to students with disabilities 2. Change cultural environment of BYU to be more accepting of students with disabilities 3. Change social environment of BYU organizations to address the needs of students with disabilities 4. Give disabled students voice, so they can be accurately represented as BYU contributors EQUAL ACCESS AND DISABILITY RIGHTS COMMISSION PAGE | 03 METHODOLOGY Statements All statements were gathered over a period of 14 days. Statements were collected through many channels including: in-person interviews, audio recordings, e-mail, and social media. On social media, students were urged to contact the Commission if they identified as disabled, temporarily disabled, invisibly disabled, had disabled family members, a chronic illness, a mental illness, or were connected with disability in any way. When students or alumni reached out to the Commission, they were asked to speak about their experience at BYU and if they had any solutions they felt would benefit BYU. Participants were advised to avoid demeaning the university. Other disabled students were contacted on campus by commissioners. Students voluntarily emailed their statement to the Commission or participated in an in-person interview. Interviews were PAGE | 04 EQUAL ACCESS AND DISABILITY RIGHTS COMMISSION recorded and commissioners transcribed each recorded statement before emailing the transcription to the students for clarification. All participants were informed that their statements would be published. They were given the choice to remain anonymous or to have their name published with their statement.All statements consist of current BYU students and alumni. Truth Commissions This research and final report has been modeled after truth commissions, which are a widely-used method of reconciliation around the world. Truth Commissions seek to provide truth, justice, reconciliation, reparations, and non-recurrence. This Commission is dedicated to bringing truth, justice, and reconciliation to BYU. Non-recurrence is vital to the future of students and faculties rights. The Commission wants to help facilitate achieving equal access for future students and staff that come to BYU. Future individuals at the university will be ensured that BYU is passionate about equal access, and are continually trying to recognize measures to improve upon. Through implementing these recommendations, BYU will be held accountable to equal access and recurrence of issues will be less likely to occur. The Commission brings statements and experiences from many different individuals, but is far from comprehensive or all- EQUAL ACCESS AND DISABILITY RIGHTS COMMISSION PAGE | 05 encompassing. These statements are the backbone of the Commission as they serve to shed light on the true experiences of students. While the Commission cannot enact policy, it advocates for the rights of others and encourages policy-makers to protect those rights. The Commission seeks to create dialogue concerning the disability community at BYU. Language Through implementing these Recommendations, BYU will be held accountable to equal access and recurrence of issues will be less likely to occur. The Commission brings statements and experiences from many different individuals, but is far from comprehensive or all- encompassing. These statements are the backbone of the Commission as they serve to shed light on the true experiences of students. While the Commission cannot enact policy, it advocates for the rights of others and encourages policy-makers to protect those rights. The Commission seeks to create dialogue
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