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Herzing Issues: ADA and Disability Accommodations
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=== HU-135a: The clinical schedule exceeded the 8-hour accommodation limit, and the student had to identify and correct his own accommodation violation === {| class="wikitable" style="width:100%" ! style="width:14em" | Severity | High ! Status | CONFIRMED |- ! Issue type | Schedule Exceeding the 8-Hour Limit / Burden-Shift to Student ! Date added | 2026-06-02 (split 2026-06-06) |- ! Owner | colspan="3" | Dr. Rachel Powell / Professor Troy Frazier |} '''Finding.''' The original schedule listed shifts from 7:30 AM to 5:00 PM, about 9.5 hours, exceeding the 8-hour accommodation; Professor Frazier also initially stated clinic was from 8 to 5 and 7:30 to 5. The reporting student correctly identified that 7:30 AM plus 8 hours ends at 3:30 PM, not 5:00 PM, and had to repeatedly correct the schedule (7:30 to 5, then 7:30 to 4, both over 8 hours), placing the burden of accommodation enforcement on the student. Powell's original email also contained a typo stating shifts ran 7:30 p.m. to 5 p.m. '''Evidence.''' Email chain: the original schedule listed 7:30 to 5; Frazier stated clinic runs from 8 to 5 (and 7:30 to 5); Powell's email stated 7:30 p.m. to 5 p.m. (AM intended); the reporting student corrected that the schedule was originally 7:30 to 5, then 7:30 to 4, both over eight hours, and stated he should not have to constantly make those corrections. '''Reported statement.''' <blockquote>I never claimed to make my own schedule... Schedule was originally 7:30-5, then 7:30-4, both over 8 hours. I should not have to constantly make those corrections.</blockquote> '''Standards.''' ADA (42 U.S.C. Β§12132) and Section 504 (29 U.S.C. Β§794): approved accommodations must be implemented as specified. OCR Dear Colleague Letter (2011): institutions must ensure accommodations are communicated to and implemented by all relevant parties, including clinical instructors. Requiring the student to identify and correct his own accommodation violation shifts the institution's burden onto him. Lead: {{HU|HU-135}}. '''Impact.''' A schedule exceeding the eight-hour limit has direct medical consequences for a student with narcolepsy and diabetes; the repeated need for the student to correct it is a burden-shift and a sign the accommodation was not built into the schedule. '''Notes.''' Sub-issue of {{HU|HU-135}} (lead). Split 2026-06-06. <span id="HU-135b"></span>
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