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<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'>Another dsshe-list topic of discussion
that seems ongoing. This is good to know about as the supreme court decisions
have changed the legal advise we used to receive on student study abroad
issues. A lot of colleges will now use this to avoid the expense and
hassle of working something out for students who are deaf, use wheelchairs, etc.
My thinking is that if our philosophy is to provide access to students with
disabilities to all programs and activities allowed all other enrolled students
at our institution, we have an ethical responsibility to try and work something
out. I sent a post to dsshe regarding this and will forward.</span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
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<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'>Bonnie </span></font></p>
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10.0pt;font-family:Arial;color:navy'> </span></font></p>
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<p class=MsoNormal><b><font size=2 face=Tahoma><span style='font-size:10.0pt;
font-family:Tahoma;font-weight:bold'>From:</span></font></b><font size=2
face=Tahoma><span style='font-size:10.0pt;font-family:Tahoma'> Disabled Student
Services in Higher Education <DSSHE-L@LISTSERV.BUFFALO.EDU> [mailto:Disabled
Student Services in Higher Education <DSSHE-L@LISTSERV.BUFFALO.EDU>] <b><span
style='font-weight:bold'>On Behalf Of </span></b>Howard Kallem
<hkallem@GMU.EDU><br>
<b><span style='font-weight:bold'>Sent:</span></b> Friday, September 14, 2007
2:37 PM<br>
<b><span style='font-weight:bold'>To:</span></b> DSSHE-L@LISTSERV.BUFFALO.EDU<br>
<b><span style='font-weight:bold'>Subject:</span></b> Re: Study Abroad</span></font></p>
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<p class=MsoNormal><font size=3 face="Times New Roman"><span style='font-size:
12.0pt'>Thanks! There have been a number of e-mail threads on the listserv on <br>
this issue over the past several months, since I joined it after leaving <br>
OCR. <br>
<br>
It is strictly a matter of statutory construction. To summarize what <br>
several others and I have written, in a decision called EEOC vs. Aramco, <br>
the Supreme Court held that a statute doesn't apply overseas unless it <br>
specifically says so. That case was brought under Title VII of the <br>
Civil Rights Act of 1964, which prohibits discrimination in employment <br>
based on race, sex, national origin, color and religion. Because Title <br>
VII didn't say that it applied overseas, then an American employee <br>
working overseas wouldn't be protected from discrimination -- to be <br>
clear, the employee wouldn't be protected whether he was working for an <br>
American company overseas or a foreign company. In response, Congress <br>
passed the Civil Rights Act of 1991, which amended Title VII as well as <br>
Title I of the ADA to specifically apply overseas. <br>
<br>
However, Congress didn't amend Title II or Section 504 -- or, for that <br>
matter, Title VI of the Civil Rights Act of 1964, which protects <br>
students from discrimination based on race, national origin or color, or <br>
Title IX of the Education Amendments of 1972, which prohibits sex <br>
discrimination. Because of this, an OCR regional office issued a <br>
closure letter in a case involving Arizona State University rejecting <br>
the disability discrimination complaint because it involved a study <br>
abroad program. As pointed out by one of the participants in the <br>
listserv, letters issued by OCR regional offices technically have no <br>
precedential value. However, in that case, the letter had been cleared <br>
with OCR headquarters (and the US Dept. of Justice, I think), and it <br>
states quite clearly that it was the agency's position that the statutes <br>
didn't apply overseas. <br>
<br>
This is true regardless of who sponsors the study abroad program. If a <br>
student is in a study abroad program sponsored by her university and, <br>
while abroad, is sexually harassed by one of the faculty leaders and/or <br>
another student, it would be OCR's position that the university is not <br>
responsible for the harassment under Title IX -- Title IX simply does <br>
not apply to anything that happens outside the US, because it doesn't <br>
specifically say that it does. For the same reason, if a deaf student <br>
is participating in a study abroad program sponsored by his college, the <br>
college isn't required to provide him a sign language interpreter <br>
overseas. The fact that the program is sponsored by his own college <br>
doesn't matter -- just as, in the ARAMCO case, it didn't matter that the <br>
plaintiff's employer -- which sent him abroad -- was an American <br>
company. As I recall, the plaintiff tried to argue that, because the <br>
decision to send him overseas was made here and because it was all part <br>
of his job, there was enough going on in America to cover what happened <br>
overseas -- but the Supreme Court said no...to paraphrase that overused <br>
marketing slogan, "what happens overseas stays overseas." <br>
<br>
If the deaf student decides he wants to go and is prepared to hire his <br>
own interpreter once he gets overseas, then the university can't reject <br>
him from the program...that decision IS made in the US. [But see the <br>
P.S. below.] And the university would have to provide him with an <br>
interpreter for any planning meetings taking place in the US before the <br>
trip starts. Also, if the study abroad trip is a requirement for the <br>
student's program, then the college would have to provide him with (or <br>
allow him to substitute) a similar program that takes place in the US. <br>
<br>
Finally, many colleges and universities choose to provide accommodations <br>
to students overseas, and that's fine. Others offer to help the students <br>
find their own accommodations once they get there, and that's fine. <br>
And, a number of countries have their own laws that address disability <br>
issues. One of the participants in the listserv circulated an article <br>
from MIUSA (Mobility International USA) which acknowledged that there <br>
were no court cases that had specifically held that 504 or Title II <br>
apply overseas, but crafted an argument for saying that they would in <br>
certain circumstances; another participant on the listserv also offered <br>
an argument in favor of overseas application. I make no comment about <br>
the validity of any such arguments, and anyone facing a request from a <br>
student for accommodations for a study abroad program may wish to <br>
consult with university counsel. But, again, it is OCR's position that <br>
none of the statutes it enforces apply overseas because they don't <br>
contain explicit language saying that they do, as required by the <br>
Supreme Court in the ARAMCO decision. <br>
<br>
Hope this is helpful! <br>
<br>
Howard Kallem <br>
Office of Equity and Diversity Services <br>
George Mason University <br>
703 993 8730 <br>
<br>
P.S. Above, I say that a university couldn't reject a student for a <br>
study abroad program if she was willing to obtain her own <br>
accommodations. One circumstance does trouble me, though, on this <br>
Friday afternoon. Say that a student is in a wheelchair. The <br>
university's study abroad program will be located at Hogwarts, and the <br>
university knows that classes for the study abroad program will be <br>
conducted in Professor Trelawney's tower, accessible only by a circular <br>
stairway. Assuming that the students aren't allowed to magically <br>
transport themselves into her classroom (something about the spells <br>
disturbing the auras necessary for Trelawney's divination), that <br>
England's laws on accessibility and accommodations don't apply to <br>
Hogwarts, and that the Ministry of Magic hasn't issued any accessibility <br>
laws, could the student's home college reject his application? Because <br>
the program will take place overseas, the university is not required by <br>
Section 504 or Title II to insist that the location of the class be <br>
moved, and it knows the student won't be able to participate in it. <br>
Would the student not be "qualified" for the program? [This is a <br>
hypothetical question on a Friday afternoon...it does not really merit <br>
any sort of response.] <br>
<br>
---------------------------- <br>
Appell, Stephen wrote: <br>
<br>
> Sorry to repeat Howie's typo. He meant Title II. <br>
> <br>
> -----Original Message----- <br>
> From: Disabled Student Services in Higher Education <br>
> [mailto:DSSHE-L@LISTSERV.BUFFALO.EDU] On Behalf Of Appell, Stephen <br>
> Sent: Friday, September 14, 2007 12:43 PM <br>
> To: DSSHE-L@LISTSERV.BUFFALO.EDU <br>
> Subject: Re: Study Abroad <br>
> <br>
> <br>
> Please take a look at what Howie says. <br>
> <br>
> "OCR has taken the position that neither Title I of the ADA nor
Section <br>
> 504 apply overseas. This is based on a Supreme Court decision under <br>
> Title VII of the Civil Rights Act of 1964, which held that a law doesn't <br>
> <br>
> apply overseas unless it specifically says it does. Neither of these <br>
> statutes say that they apply overseas. This is true regardless of <br>
> whether the program is run by the university or by another entity. <br>
> However, the laws would apply to everything that happens in the US in <br>
> preparation for the trip -- e.g., if you had a planning meeting for the <br>
> participants, you would have to provide an interpreter for the student <br>
> at that meeting." <br>
> <br>
> .................................................................. <br>
> Howard Kallem <br>
> Office of Equity and Diversity Services <br>
> George Mason University <br>
> 703 993 8730 <br>
> <br>
> -----Original Message----- <br>
> From: Disabled Student Services in Higher Education <br>
> [mailto:DSSHE-L@LISTSERV.BUFFALO.EDU] On Behalf Of Stacey Reycraft <br>
> Sent: Friday, September 14, 2007 12:38 PM <br>
> To: DSSHE-L@LISTSERV.BUFFALO.EDU <br>
> Subject: Re: Study Abroad <br>
> <br>
> <br>
> I'm with Carol on this one. It is my understanding that study abroad <br>
> programs can fall into two categories: <br>
> <br>
> If the study abroad program involves the student enrolling in a <br>
> foreign institution or program, taught by foreign faculty, available <br>
> to foreign students, then US laws and regulations won't <br>
> apply. However, if the program involves the student enrolling in a <br>
> University sponsored program, taught and supervised by University <br>
> staff and faculty, available only to University students, and it just <br>
> happens to be taught in a foreign country, then US laws and <br>
> regulations may, in fact, apply. <br>
> <br>
> This is a fascinating subject! <br>
> <br>
> Stacey <br>
> <br>
> <br>
> <br>
> At 11:27 AM 9/14/2007, Carol Burrowbridge wrote: <br>
>> I can't put my hand on the source right now, but I have always <br>
>> understood that if a study abroad class was for credit at a US <br>
>> university and sponsored by the US university, that students were <br>
>> accorded accommodations similar to those they would get at their home <br>
>> institution here in the US. I will try to find the source and <br>
> post it. <br>
>> Carole Burrowbridge, MS <br>
>> Coordinator <br>
>> Disability Support Services <br>
>> Mercer University <br>
>> Connell Student Center <br>
>> 1400 Coleman Ave <br>
>> Macon, GA 31207 <br>
>> Phone (478) 301-2778 <br>
>> Fax (478) 301-2127 <br>
>> <br>
>> <br>
>> <br>
<br>
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