142.00 DISCRIMINATION PROHIBITED
(Revised August 15, 1994)
142.10
In providing any aid, benefit, or service, the University
may not, directly or through contractual, licensing, or other arrangements, discriminate
on the basis of disability to:
- Deny a qualified individual with a disability the opportunity
to participate in, or benefit from, any aid, benefit, or service which it
provides;
- Provide any qualified individual with a disability an
opportunity to participate in, or benefit from, any aid, benefits, or services
that are not equal to those afforded to individuals who do not have disabilities;
- Provide a qualified individual with a disability with
any aid, benefits, or services that are not as effective as those provided
to individuals who do not have disabilities. To be "equally effective," an
aid, benefit, or service need not produce an identical result or level of
achievement for individuals with disabilities and individuals without disabilities.
However, the University must afford individuals with disabilities an equal
opportunity to obtain the same result or level of achievement in the most
integrated setting appropriate to the individual's needs and to encourage,
as appropriate, interaction among all users, including individuals with disabilities;
- Provide any different or separate aid, benefits, or services
to individuals with disabilities or to any class of individuals with disabilities
unless such action is necessary to provide qualified individuals with disabilities
with aid, benefits, or services that are as effective as those provided to
individuals who are not disabled;
- Aid or perpetuate discrimination against a qualified individual
with a disability by providing any significant assistance to any agency, organization,
or person that discriminates on the basis of disability against beneficiaries
of the University's programs;
- Deny a qualified individual with a disability the opportunity
to participate as a member of planning or advisory boards; or
- Otherwise limit a qualified individual with a disability
in the enjoyment of any University right, privilege, advantage or opportunity
enjoyed by individuals who are not disabled.
142.20
In determining the site or location of a facility, the
University may not make selections that have the following effect:
- Excluding qualified individuals with disabilities from,
denying them the benefits of, or otherwise subjecting them to discrimination
under any program, service, or activity it operates; or
- Defeating or substantially impairing the accomplishment
of the objectives of the University's programs, services, or activities with
respect to qualified individuals with disabilities.
142.30
The exclusion of individuals who do not have disabilities
from the benefits of a program limited by statute or executive order
to individuals with disabilities, or the exclusion of a specific
class of individuals with disabilities from a program limited by
statute or executive order to a different class of individuals with
disabilities, is not prohibited.
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