Can students with celiac disease eat at Lesley University?
On December 20, 2012, the Justice Department entered into an agreement with Lesley Universityin Cambridge, Massachusetts to ensure that its students with celiac disease and other food allergies can fully and equally enjoy the university's food services in compliance with the Americans with Disabilities Act (ADA).
Can students with food allergies take advantage of Lesley's meal plan?
Under the Agreement, Lesley has made modifications to its meal plan to allow students with food allergies to take advantage of its food services. The Agreement also requires Lesley to consider exempting from its mandatory plan students who cannot, because of disability, take full advantage of the University's meal service plan.
What is the Lesley agreement and why is it important?
The Lesley Agreement involved a mandatory meal program for a defined group of students. Because its meal plan was mandatory for all students living on campus, the ADA required that the University make reasonable modifications to the plan to accommodate students with celiac disease and other food allergies.
What is the Lesley University meal plan agreement?
The Agreement also requires Lesley to consider exempting from its mandatory plan students who cannot, because of disability, take full advantage of the University's meal service plan. Among other things, Lesley University agreed to:
What are some examples of reasonable modifications?
For example, Lesley provides testing modifications for students with learning disabilities, which may include, but are not limited to, allowing students extended time to take tests, allowing for untimed tests, or providing students with a distraction-free test taking environment. Other students residing on campus may have a food-related disability that limits their ability to fully and equally participate in our meal program, such as an autoimmune disease like celiac disease or allergies to products like wheat, milk, peanuts, eggs, etc. These individuals may need a modification or exception to our rule requiring that students residing on campus participate in the University's mandatory meal plan. One possibility is to provide food made without allergens, and a specific allergen-free food preparation and heating area for students. Another possible reasonable modification, depending on the specific circumstances, may be to exempt the student from the mandatory meal program. Lesley University offers its students both of these options.
What is the ADA violation for Lesley University?
In or around October 2009, the United States Department of Justice ("United States") received a complaint alleging that Lesley University ("Lesley" or the "University") violated Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12181-12189 ("ADA") by failing to make necessary reasonable modifications in policies, practices, and procedures to permit students with celiac disease and/or food allergies (collectively "food allergies") to fully and equally enjoy the privileges, advantages, and accommodations of its food service and meal plan system. The United States initiated an investigation of these claims and the University has cooperated. The United States alleges that the University's policies and practices concerning students with food allergies did not comply with Title III of the ADA. The University maintains that it has taken and will continue to take positive, good faith steps to make reasonable modifications to its food service policies, practices, and procedures and to work with students on a case-by-case basis to address the needs of individual students with food allergies.
What is Title III?
Title III prohibits a private university from discriminating against any individual on the basis of disability in the full and equal enjoyment of the university's goods, services, facilities, privileges, advantages, or accommodations. 42 U.S.C. § 12182 and 28 C.F.R. §§ 36.201, 36.202.
What is the cause of celiac disease?
Celiac disease is triggered by consumption of the protein gluten (found in foods containing wheat, barley, or rye), which can cause permanent damage to ...
What happens if the University fails to comply with the University's obligations?
If the United States believes that the University has failed to comply in a timely manner with any requirement of this Agreement, the United States will so notify the University in writing and attempt to resolve the issue in good faith.
Is disability information confidential at Lesley University?
Lesley University is committed to ensuring that all student disability information is maintained confidentially. Disability related information should be treated as medical information and handled under strict rules of confidentiality. A student's documentation is filed securely with Disability Services. It is not kept with any other student records on campus. As such, the information can only be shared on a limited "need to know" basis within the institutional community. Modification letters contain only the modification information, and not specifics of the disability.
Can a student with food allergies disagree with the University?
The University recognizes that despite its good faith and reasonable efforts to make reasonable modifications of its policies, practices, and procedures for students with food allergies, students may ultimately disagree with the University's proposed modifications. If a student with food allergies disagrees with the determinations made by Disability Services after the student has engaged in the interactive process, the student may request a review by the Executive Director of Academic Support Services (Lesley's ADA/Section 504 Coordinator), consistent with the Amended Policy referenced in Paragraph 2. Appeals of this review are heard by the Dean of Student Life and Academic Achievement.
How to contact Lesley University?
More information about the settlement with Lesley University can be found at www.ada.gov or by calling the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
What is the settlement agreement with the ADA?
The settlement agreement was reached under the ADA, which prohibits discrimination against individuals with disabilities by public accommodations, including colleges and universities, in their full and equal enjoyment of goods, services, and facilities .
Is food allergy a disability?
Food allergies may constitute a disability under the ADA. Individuals with food allergies may have an autoimmune response to certain foods, the symptoms of which may include difficulty swallowing and breathing, asthma and anaphylaxis.
Does Lesley University have ADA?
The Justice Department today announced an agreement with Lesley University in Cambridge, Mass., to ensure that students with celiac disease and other food allergies can fully and equally enjoy the university’s meal plan and food services in compliance with the Americans with Disabilities Act (ADA).
What is the ADA agreement between Lesley University and the Justice Department?
On December 20, 2012, the Justice Department entered into an agreement with Lesley Universityin Cambridge, Massachusetts to ensure that its students with celiac disease and other food allergies can fully and equally enjoy the university's food services in compliance with the Americans with Disabilities Act (ADA).
Why is the ADA required to make reasonable modifications to the meal plan?
Because its meal plan was mandatory for all students living on campus, the ADA required that the University make reasonable modifications to the plan to accommodate students with celiac disease and other food allergies. This is different than the ADA's obligation for restaurants that serve the general public. 5.
What is the ADA home page?
The ADA Home Page provides access to Americans with Disabilities Act (ADA) regulations for businesses and State and local governments, technical assistance materials, ADA Standards for Accessible Design, links to Federal agencies with ADA responsibilities and information, updates on new ADA requirements , streaming video, information about Department of Justice ADA settlement agreements , consent decrees, and enforcement activities and access to Freedom of Information Act (FOIA) ADA material
What are the symptoms of celiac disease?
This would include individuals with celiac disease and others who have autoimmune responses to certain foods, the symptoms of which may include difficulty swallowing and breathing, asthma, or anaphylactic shock. 2.
What is the ADA website?
The ADA Website (www.ada.gov) also provides access to the ADA regulations, technical assistance documents, and settlements, briefs, and other information. ADA Website: www.ADA.gov. ADA Information Line. 800-514-0301 (Voice) and 800-514-0383 (TTY) 24 hours a day to order publications by mail.
What is a disability in the ADA?
A disability as defined by the ADA is a mental or physical impairment that substantially limits a major life activity, such as eating. Major life activities also include major bodily functions, such as the functions of the gastrointestinal system.
What is fundamental alteration?
A: A fundamental alteration is a modification that is so significant that it alters the essential nature of the good or services that a business offers. For example, a restaurant is not required to alter its menu or provide different foods to meet particular dietary needs. 7.
What is the ADA violation for Lesley University?
In or around October 2009, the United States Department of Justice (“United States”) received a complaint alleging that Lesley University (“Lesley” or the “University”) violated Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12181-12189 (“ADA”) by failing to make necessary reasonable modifications in policies, practices, and procedures to permit students with celiac disease and/or food allergies (collectively “food allergies”) to fully and equally enjoy the privileges, advantages, and accommodations of its food service and meal plan system. The United States initiated an investigation of these claims and the University has cooperated. The United States alleges that the University’s policies and practices concerning students with food allergies did not comply with Title III of the ADA. The University maintains that it has taken and will continue to take positive, good faith steps to make reasonable modifications to its food service policies, practices, and procedures and to work with students on a case-by-case basis to address the needs of individual students with food allergies.
Can a student with food allergies disagree with the University?
The University recognizes that despite its good faith and reasonable efforts to make reasonable modifications of its policies, practices, and procedures for students with food allergies, students may ultimately disagree with the University’s proposed modifications. If a student with food allergies disagrees with the determinations made by Disability Services after the student has engaged in the interactive process, the student may request a review by the Executive Director of Academic Support Services (Lesley’s ADA/Section 504 Coordinator), consistent with the Amended Policy referenced in Paragraph 2. Appeals of this review are heard by the Dean of Student Life and Academic Achievement.