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Herzing Issues: ADA and Disability Accommodations
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=== HU-146: Staff suggested the reporting student may have to take an approved break and made continued progression contingent on whether a site can meet his accommodations === {| class="wikitable" style="width:100%" ! style="width:14em" | Severity | High ! Status | CONFIRMED |- ! Issue type | Progression Made Contingent on Accommodation Availability / Suggested Forced Break ! Date added | 2026-06-04 |- ! Owner | colspan="3" | Emily/Emilie (ADA/Title IX) / Dr. Danielle Laban (AVP) / Clinical Placement |} '''Finding.''' During the June 4, 2026 meeting, the ADA/Title IX coordinator (Emily/Emilie) told the reporting student that in future semesters the institution may not have a clinical site that can accommodate everything, that he needs to make a determination about whether he feels he can move forward with the clinical, and that he may be in a situation where he would have to take an approved break if the program does not have a clinical that is sufficiently flexible to meet his needs. This frames the student's continued progression through the program as contingent on whether Herzing can locate a site that meets his approved accommodations, and raises the prospect of a break in enrollment, a forced sit-out, if it cannot. For a student with documented disabilities, conditioning continued enrollment on the institution's ability to meet accommodations, and suggesting an approved break as the fallback, is a significant concern. '''Evidence.''' Emily/Emilie: "it is pretty uncommon that we have this available, so I do want to prepare you that in future semesters we may not have a site that can accommodate everything, and so I think ultimately you also need to make a determination about if you feel that you can move forward with the clinical; we are going to have to make that determination as we have clinical sites assigned and available... or not, because then you may be in a situation where you would have to take an approved break if we do not have a clinical that is this flexible." (Source: June 4, 2026 recorded meeting, audio and transcript.) '''Reported statement.''' <blockquote>you may be in a situation where you would have to take an approved break if we do not have a clinical that is this flexible.</blockquote> '''Standards.''' Americans with Disabilities Act (42 U.S.C. Β§12131 et seq.) and Section 504 of the Rehabilitation Act (29 U.S.C. Β§794): institutions must provide reasonable accommodations and may not exclude an otherwise qualified student with a disability from program participation because of the institution's own difficulty arranging accommodations; suggesting a forced break in enrollment as the consequence of the institution being unable to place the student with accommodations may constitute a denial of program access. The proper mechanism for any claim that an accommodation fundamentally alters an essential requirement is a documented interactive process and individualized assessment, not a general warning that the student may have to sit out. 34 C.F.R. Β§668.14 (administrative capability): the institution is responsible for arranging clinical placements. Cross-reference {{HU|HU-135}}, {{HU|HU-145}}. '''Impact.''' The reporting student is told he may have to pause his education through an approved break if the institution cannot find a sufficiently flexible site, effectively transferring the consequences of the school's placement limitations to the student in the form of delayed progression. This creates uncertainty about his ability to continue and complete the program and pressures him to consider whether to proceed without full accommodation. '''Notes.''' Distinct from {{HU|HU-145}} (which concerns the conditional framing and course-failure warning); this issue concerns the suggestion of a forced break and progression being made contingent on accommodation availability. Cross-reference: {{HU|HU-135}}, {{HU|HU-145}}, {{HU|HU-142}}. Part of the June 4, 2026 meeting group ({{HU|HU-145}} through {{HU|HU-152}}). <span id="HU-147"></span>
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