Ohio Admin. Code 3364-15-15 - Technology accessibility

(A) Policy statement

The creation and dissemination of knowledge is a defining characteristic of universities and is fundamental to the university of Toledo's mission. The use of state-of-the-art digital and web-based delivery of information is increasingly central in carrying out our mission. The university of Toledo (UT) and the university of Toledo medical center (UTMC) are is committed to ensuring equal access to information for all its constituencies, which include individuals with disabilities..

(B) Purpose of policy

This policy establishes minimum standards for the accessibility of digital materials and technology to individuals with disabilities-based information and services considered necessary to meet this goal and ensure compliance with applicable state and federal regulations. The university of Toledo and UTMC will adhere to standards set forth by section 508 of the Rehabilitation Act of 1973 as well as the web content accessibility guidelines (WCAG 2.0) as defined by the world wide web consortium (W3C).

(C) Scope

Included in the scope of this policy is any form of technology digital information and technology (internally developed and externally purchased solutions) used to conduct university and UTMC business. Digital information This includes, but is not limited to websites, electronic documents, videos, emails, newsletters, and social media. Technology includes mobile applications, software, hardware, and devices. Responsibility for accessibility includes, but is not limited to, the following organizational units tasked with delivering digital and technology services to our customer and employee base: the UT division of technology and advanced solutions, office of university marketing and communications, athletics department, supply chain management, UT online along with academic units, which include faculty and the libraries, that administer technology separately from the UT information technology department, the following organizational units tasked with delivering technology services to our customer and employee base: center for creative instruction, learning ventures (online course development), the university of Toledo marketing and communications department, the university of Toledo information technology department, and academic units, which include faculty, that administer technology separately from the university of Toledo information technology department.

(D) Alignment with federal law

Information on how this policy aligns with federal law on this subject is contained on the university of Toledo ADA/504 compliance webpage.

(1) This policy provides additional guidance and direction in support of rule 3364-50-03 of the Administrative Code, nondiscrimination on the basis of disability-Americans with Disabilities Act compliance, which outlines the university of Toledo's policy of complying with the Americans with disabilities Act of 1990 (ADA) the Rehabilitation Act of 1973, Ohio law, and related regulations.

(2) ADA law pertaining to technology requires that public institutions make every effort to ensure that their technology is accessible at the time it is made available to its end users. In those situations when this is not possible or feasible, the university expects that the process owner will work with the ADA compliance officer or his/her designee to develop an agreed-upon path toward ensuring equal access for students and employees with disabilities.

(E) Procedure Resources

The university provides numerous resources to employees that require assistance in making technology ADA-accessible, which are detailed on the university of Toledo ADA/504 compliance webpage.

(1) Procurement of technology

(a) All university of Toledo operating units are expected to comply with the university's procurement rule 3364-40-15 of the Administrative Code. The policy includes a requirement to obtain a voluntary product accessibility template "VPAT" from the software vendor, regardless of amount, which attests to the software conformance to section 508 standards. Applicable language from the Procurement policy is as follows:

If a VPAT is not available from the vendor, the purchaser should work with the ADA compliance officer, prior to purchase, to confirm the software's accessibility to employees and students with disabilities.

When considering any software for purchase, the most suitable product that serves the purchaser's business/pedagogical needs should be obtained, provided that the software is accessible by UT employees and students that are known to have disabilities. In those circumstances where accessible software has not been developed, the purchaser should inform and consult with the student disability services department if the primary users of the software are students, and with the ADA compliance officer is the primary users of the software are employees. This consultation should occur prior to purchase, so that alternatives can be pursued to ensure the "equal access" specified by ADA.

(i) Each campus shall acquire products that comply with applicable standards of section 508 of the Rehabilitation Act of 1973 regarding telecommunications and technology provisions when such products are available in the commercial marketplace. This, too, requires a VPAT and review by appropriate persons if there are questions.

(ii) For each software product being considered for purchase for the first time by the university, the purchaser shall ask vendor to provide a VPAT and/or provide a trial version to be tested for accessibility by the university.

(b) When web-based functionality is purchased, the operating unit making the purchase must obtain a certification from the vendor as to its compliance with section 508. If no such certification is available, a certification as to its compliance should be obtained from the Americans with Disabilities Act compliance officer. The certification will be based on the favorable results of the web functionality, using the university's compliance auditing software.

(2) Existing technology equipment and supplies All existing equipment and supplies used to deliver technology services to students, patients, and employees (desktop computer equipment, servers, etc.) must comply with Section 508.

(3) Existing non-web-based software

(a) Purchased desktop software

(i) Operating units should make every effort to ensure that existing purchased desktop software is made as accessible as possible to customers and employees with disabilities.

(a) Please refer to the accessibility matrix http://buyaccessible.gov/content/VARC to identify known accessibility issues with purchased desktop software, as documented in VPATs. If possible and available, VPATs prepared by independent, third-party entities are preferable to VPATs prepared by the vendor itself.

(ii) The student disability services website http://www.utoledo.edu/offices/student-disability-services/index.html contains links on how operating http://www.utoledo.edu/offices/student-disability-services/index.html_contains_links_on_how_operating departments can make documents produced by desktop software accessible.

(iii) Should your desktop software not be included in the accessibility matrix, please contact the ADA compliance officer for assistance and guidance.

(b) Internally-developed software/tools that are not web- or mobile-based

(i) Software developed by the university that is not webbased must also follow federal software accessibility standards. The VPAT form (blank version) contains these standards.

(ii) The student disability services website contains links on how operating departments can make internally-developed software accessible. Please contact the ADA compliance officer should you require guidance beyond this website.

(c) Free or open source software.

In situations where such software will be used by students with disabilities, the free or open source software must be evaluated by student disability services to determine suitability for use in the classroom.

(4) Web-based or mobile-based software and tools

(a) Software that is internet-based (web applications, mobile phone applications, online educational resources, etc.) also must comply with accessibility standards.

(b) The university of Toledo follows the world wide web consortium's web content accessibility guidelines version 2.0(a) WCAG 2.0, the primary international guidelines.

(c) Any web-or mobile-based functionality developed for university purposes must follow WCAG 2.0 standards, regardless of whether they are developed by university employees or third parties. Following are examples of university departments currently developing this functionality; however, all university departments are subject to this policy.

Center for creative instruction: ("externally-facing" websites)

Learning ventures department: (online courses)

College-administered websites (i.e., not maintained by "IT")

Marketing and communications department

"IT" department ("internally-facing" websites)

(d) Any university department that develops web- or mobilebased content for placement on university websites must develop procedures for ensuring the content is ADA-accessible, as soon as it can be determined that students or employees with disabilities will access the content imminently. The ADA compliance officer should be advised in advance of any situation where content of this nature cannot be made accessible, so that he/she may work with the process owner to agree upon a path toward full compliance as soon as possible. The procedures developed should lead to all content meeting the standards, acknowledging that accessibility issues can be deferred if current students or employees with disabilities do not require it.

(e) Web developers should use web-checking software to evaluate the accessibility of all websites. This software is available to all employees developing web-based content. It is also used by the ADA compliance officer to perform random audits. Please contact the ADA compliance officer for additional information.

(F) Resources Procedure

Detailed procedures pertaining to technology accessibility are contained in a companion document on the university of Toledo ADA/504 compliance webpage.

(1) The university provides numerous resources to employees that require assistance in making technology ADA-accessible.

(a) The student disability services website provides guidance on how to make documents produced by desktop software accessible (i.e., Word, Adobe, PowerPoint, video files, etc.)

(b) The student disability services office also provides support to faculty and staff on more technical matters, and has access to third-party support in certain areas of technology accessibility (captioning, etc.)

(c) Literature is frequently available online and in help menus pertaining how to configure existing desktop software in an accessible manner.

(d) The "Buy Accessible" website (link following) contains current VPATs for many commonly-used software products.

(e) Learning ventures provides leading-edge technologies, innovative pedagogies, and faculty and student support to help create inventive, engaging, and effective environments where online learners can succeed

(f) The center for creative instruction provides guidance on the accessibility of "externally-facing" UT webpages.

(g) The information technology department provides guidance on the accessibility of "internally-facing" UT webpages.

(h) The ADA compliance officer will answer any questions an employee or student may have on technology accessibility that cannot be answered by any of the above resources.

(G) References

(1) Rule 3364-50-03 of the Administrative Code, nondiscrimination on the basis of disability-Americans with Disabilities Act compliance:

https://www.utoledo.edu/policies/administration/diversity/pdfs/3364_50_03_Nondiscrimination_o.pdf Section 508 of the Rehabilitation Act: https://www.dol.gov/oasam/ocio/ocio-508.htm .

(2) Americans with Disabilities Act of 1990: Section 504 of the Rehabilitation Act of 1973:

https://www.dol.gov/oasam/regs/statutes/sec504.htm http://www.ADA.gov/pubs/ADAstatute08.htm

(3) Section 508 of the Rehabilitation Act: https://www.section508.gov/manage/laws-and-policies

(4) Section 504 of the Rehabilitation Act of 1973: https://www.dol.gov/oasam/regs/statutes/sec504.htm

(5) University of Toledo procurement guidelines.

(6) Software accessibility matrix: http://buyaccessible.gov/content/VARC

(7) UT student disability services webpage on how to make desktop and internally-developed non-web-based software ADA accessible: http://www.utoledo.edu/offices/student-disability-services/index.html

(8) Voluntary product accessibility template form: http://www.itic.org/dotAsset/5644ecd2-5024-417f-bc23-a52650f47ef8.doc

(9) Telecommunications Act of 1996: http://transition.fcc.gov/Reports/tcom1996.pdf

(10) World wide web consortium's web content accessibility guidelines version 2.0 : http://www.w3.org/TR/WCAG/

Notes

Ohio Admin. Code 3364-15-15

Effective: 9/10/2018
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364
Prior Effective Dates: 08/10/2018