Instructions for Employee Petition for Accommodation


New Mexico State University is dedicated to providing reasonable accommodation(s) to qualified NMSU employees in accordance with state and federal laws. Generally, it is the obligation of an individual with a disability to request a reasonable accommodation(s).

The information contained in the attached PETITION FOR ACCOMMODATION form (hereafter referred to as “PETITION”) will be used as part of the interaction process to determine employee eligibility to receive accommodation(s). Although efforts will be made to provide an employee with reasonable accommodation(s) requested there may be occasions when the accommodation(s) may be different (or may be denied). There may also be occasions when modifications (such as flexible work hours, changing lighting, etc.) may be arranged between the employee, supervisor, and Office of Institutional Equity without formal review by the ADA Review Committee. To ensure that such informal arrangements are consistently administered, the Office of Institutional Equity (hereafter referred to as “OIE”) is to be consulted. The following steps outline procedures:


Step 1

Employee obtains instructions and PETITION from the Office of Institutional Equity (or Office of Institutional Equity website) and completes Section 1. The employee is responsible for sending the PETITION (with a copy of job description and/or Essential Job Function Questionnaire for their position) to an appropriate medical professional. (Note: It is important that “essential” functions be differentiated from “marginal” job functions. The Human Resource Services Department may be contacted to assist with the job description.)

Process:

1) The employee will submit a completed Section 1 to the Office of Institutional Equity.
2) The employee will enter their name and address onto Section 2 of the PETITION, attach a copy of their job description and/or Essential Job Function Questionnaire, and submit the form to their medical professional.

Step 2

The medical professional completes Section 2 of the PETITION and returns the document and/or by mail, email or facsimile within ten (10) working days to Office of Institutional Equity to the address or email noted on the form. (Note: The employee may not hand carry the form from the medical professional.)

Step 3

The OIE Staff will either facilitate informal arrangements or convene the ADA Review Committee as soon as schedules permit. In the event the Petition is referred to the ADA Review Committee it will forward written recommendation(s) to the OIE Associate Director (or designee) within five (5) working days of the formal review meeting. The ADA Review Committee is generally comprised of a Human Resource Services representative, an NMSU psychologist/physician, an exempt/nonexempt staff representation and a faculty or staff representative.

Step 4

Within five (5) working days of receiving the ADA Review Committee’s recommendation, the OIE Associate Director (or designee) will issue a determination letter to the employee with copies to the supervisor and to case file. If the request is denied, the employee may appeal the decision by submitting new/additional documentation to the Executive-Vice President/Provost (or designee) within five (5) working days of receiving the determination letter. The Executive Vice-President/Provost (or designee) will issue a determination within (5) working days. This decision exhausts this process.

Step 5

Discrimination complaints may be filed with the Office of Institutional Equity in accordance with the complaint procedures contained in Chapter 3.25 of the New Mexico State University Policy Manual.

For additional information contact the Office of Institutional Equity/EEO:

Office Telephone: (575) 646-3635
Fax: (575) 646-2182
TTY: (575) 646-7802
Email: equity@nmsu.edu

 

NMSU reserves the right to consult an outside medical professional for a second opinion on a case-by-case basis. Only officials who have a “need to know” will have access to the information