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INTERVIEW WITH HIGHER EDUCATION ADMINISTRATOR

Interview with Higher Education Administrator

Cristina M. Valencia

Kremen School of Education, California State University, Fresno

Dr. Juan Carlos Gonzalez

December 20, 2021

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The Services for Students with Disabilities (SSD) department at CSU, Fresno is

an invaluable resource to its students. This department strives to ensure that all

students with a disability, whether visible or invisible, have equitable access to the same

higher education afforded to their non-disabled peers. Its mission statement reads, “A

resource for students with disabilities to achieve academic, cultural, and social

excellence” (SSD’s Mission Statement, n.d.). Apart from its mission, the SSD

department advocates for students with disabilities, but also promotes self-advocacy to

its students (J. Johnson, personal communication, December 9, 2021).

I interviewed Jennie Johnson the director of the SSD department; she has been

in her current role for five years, and with the department a total of sixteen years. She

oversees a total of eight full-time staff, 15-20 sign language interpreters and

captioners, and twelve student workers. Some of her daily responsibilities include

attending meetings for the various campus committees she sits; preparing

accommodation reports; and collaborating with other departments, colleges, and

majors across the university.

Director Johnson explained how this collaboration is vital to SSD; from this

collaboration, her goal is to inform and educate other university departments about

SSD efforts, but most importantly to make it known that complete university support is

needed so that SSD can better support its students. In reaching out to various

university stakeholders, she wants to “get the message out that this is not just an SSD

effort- it is a university wide effort” (J. Johnson, personal communication, December 9,

2021).
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Ethical and Legal Implications

I utilized our interview to gain insights into the current ethical and legal issues

encountered by this department, and the decision-making strategies utilized in

addressing these issues. Per Director Johnson (2021), some of the common ethical

dilemmas the SSD department encounters include, students not receiving their

accommodations in a timely manner, professors not providing accessible materials in

the appropriate format, professors “bullying” students into not getting their

accommodations, and SSD determining whether the requested accommodations are

reasonable. According to Director Johnson, one legal implication which SSD encounters

entails professors refusing to provide students with their approved accommodations.

When students do not receive their accommodations in a timely manner, for

example, a notetaker or a professor failing to provide accessible materials in the

appropriate format (J. Johnson, personal communication, December 9, 2021), this

hinders the student’s success in class as it sets the student behind. A student being

“bullied” by a professor and cornered into making modifications to their existing

accommodations (as Director Johnson explained was a recent case the SSD

department encountered), creates barriers for students and hinders their academic

success. The first example is in clear contradiction to the Association on Higher

Education and Disability’s (AHEAD) Core Values (see Appendix A), namely of

inclusivity, which states that inclusive environments should be created which

encourages all to participate (Association on Higher Education and Disability [AHEAD],

n.d.). When a student is not provided accommodations in a timely manner, the

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environment is no longer inclusive as that student cannot participate along with his or

her peers.

The example of a student being “bullied” by a professor violates AHEAD’s core

values and may violate Section 504 and Title II (see Appendix B). Section 504 prohibits

any entity that receives federal funding from discriminating against anyone with a

disability (Office for civil rights disability discrimination, 2020). Title II of the Americans

with Disabilities Act (ADA) prohibits state and local governments (including universities)

from discriminating against anyone with a disability. A clear legal violation of Section

504 and Title II is a professor refusing to comply with a student’s approved

accommodations. Universities are legally required to comply with these federal laws,

therefore, when a faculty member refuses to provide accommodations, it leaves the

university vulnerable to possible legal actions.

Decision-Making Strategies

I inquired which professional associations guide Director Johnson’s work in her

decision-making strategies, she quickly responded that AHEAD and the Office of Civil

Rights (OCR) are the organizations that she turns to when facing an ethical or legal

dilemma (J. Johnson, personal communication, December 9, 2021). When faced with

ethical or legal issues, she often asks herself, “What would OCR do? Am I following

protocol? Am I doing the process that OCR would require in order to provide services?”

However, she does not only use these resources in times of crisis, but she also uses

these resources to keep herself informed and up to date by reading threads, articles,

and cases as part of her daily work.

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A second area that guides her decision-making strategies when faced with

ethical and legal dilemmas are the various committees she serves. For example, the

CSU’s Students with Disabilities Directors Council is a valuable resource which helps

her navigate difficult issues (J. Johnson, personal communication, December 9, 2021).

Within this council, directors can connect with one another for guidance and support. It

also serves to keep directors abreast to what is happening across the 23 campuses as

well as obtaining updates from the chancellor’s office. Other strategies utilized in the

decision-making process include advocating on the student’s behalf when professors

are not complying with the required accommodations; this mitigation is important to try

and avoid involving legal (ADA) involvement. Director Johnson stated how having to

threat faculty with legal action is unfortunate, as faculty should want to provide all

students an equitable environment; an equitable environment entails one in which

students with disabilities have access to their approved accommodations.

Having important conversations with students, when an ethical dilemma is

encountered, is also an important strategy. For instance, at times it may prove difficult to

determine if a requested accommodation is reasonable, therefore, having an open

dialogue with students and asking questions such as, “what exactly is the barrier, and

how will this accommodation remove the barrier?” are critical in finding a resolution (J.

Johnson, personal communication, December 9, 2021). Per Director Johnson, this is an

ethical issue that the SSD department encounters daily, therefore she meets with the

SSD counselors weekly to discuss these issues on a case-by-case basis.

Students with disabilities have the right to be afforded the same equitable access

to a higher education as their non-disabled peers. It is unfortunate that the SSD office
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encounters ethical and legal dilemmas, especially ones that can be avoided by faculty.

It is of reassurance to know that the SSD director with the support of SSD staff, employs

various decision-making strategies in mitigating such issues. As a result of this

interview, I now have a greater understanding and appreciation of the hard work and

dedication the SSD department provides to its students, and to the university.
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References

Association on higher education and disability. (n.d.). Bylaws and board of director

minutes. AHEAD. https://www.ahead.org/about-ahead/bylaws-minutes

Association on higher education and disability. (n.d.). Strategic plan. AHEAD.

https://www.ahead.org/about-ahead/strategic-plan

Office for civil rights disability discrimination. (2020, April 21). U.S. department of

education. Retrieved December 20, 2021 from

https://www2.ed.gov/about/offices/list/ocr/frontpage/faq/disability.html

SSD’s mission statement. (2021, July 31). Fresno State. Retrieved December 20, 2021

from https://studentaffairs.fresnostate.edu/ssd/about-ssd/index.html
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Appendix A

Association on Higher Education and Disability Core Values

Strategic Plan
AHEAD's Mission, Vision and Core Values
Mission
Through progressive, visionary leadership, grounded in social justice principles,
AHEAD: develops, shares, and provides relevant knowledge; strategically engages in
actions that enhance higher educational professionals' effectiveness; and advocates on
behalf of its membership, their institutions, their work, and those they serve ensuring
full, effective participation by individuals with disabilities in every aspect of the
postsecondary experience.

Vision
AHEAD envisions a postsecondary experience that embraces disability and is free from
barriers.

Core Values

 Diversity: We believe in creating and promoting diverse educational

communities to foster the exchange of ideas and perspectives, offering the
opportunity for individual growth and developing a forum that honors the disability
experience.
 Equity: Recognizing that equality is NOT the same as equity, we believe in
developing resources and fostering attitudes that provide a truly equitable
experience that is responsive to individuals' strengths, weaknesses, and
differences.
 Respect: We believe in providing everyone with an opportunity to express
individual thoughts, feelings, ideas, and needs; we listen and honor the
individual's right to be heard, even if we do not agree.
 Inclusivity: We believe in creating an inclusive community that encourages
participation of all members, colleagues, practitioners, students, and
stakeholders in an environment of mutual respect, opportunity for development,
and honor of personal experience.
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Appendix B

Section 504 and Title II

What are Section 504 and Title II?

Section 504 is a federal law that prohibits any entity that receives federal financial assistance (such
as grants or student loans) from discriminating against persons with disabilities.
Title II of the Americans with Disabilities Act is a federal law that prohibits state and local
governments (such as public school districts, public colleges and universities, and public libraries)
from discriminating against persons with disabilities.
In general, Section 504 and Title II nondiscrimination standards are the same, and in general,
actions that violate Section 504 also violate Title II. However, where Title II requirements exceed
Section 504 requirements, public school districts, colleges and universities, and libraries must also
comply with the Title II requirements.

What types of disability-related services are required by Section 504 and Title
II for students with disabilities in colleges and universities?
Colleges and universities are required by Section 504 and Title II to provide students with disabilities
with appropriate academic adjustments and auxiliary aids and services that are necessary to afford
an individual with a disability an equal opportunity to participate in the school’s program. An example
of an academic adjustment is extra time to take a test. Examples of auxiliary aids include notetakers,
interpreters, readers, and specialized computer equipment.