Personal Care Attendant Policy

Policy Statement

I. POLICY STATEMENT

Dartmouth College ("Dartmouth"), inclusive of all its schools and faculties, is committed to reasonably accommodating individuals with disabilities who work on, reside on, and visit our campuses. Dartmouth strives to provide reasonable accommodations, in compliance with applicable state and federal laws, to create an accessible environment. Individuals with disabilities who are seeking reasonable accommodations must register with the proper Accessibility/Disability Office at Dartmouth and adhere to all associated processes. All requests for reasonable accommodations are evaluated on a case-by-case basis. 

Dartmouth is committed to providing equal opportunities for students, faculty, staff, and visitors with disabilities to access and participate in academic, social, cultural, and recreational programs at Dartmouth. Please refer to Dartmouth's nondiscrimination statement. This policy complies with Section 504 of the 1973 Rehabilitation Act, as amended, and the Americans with Disabilities Act (ADA) of 2008, as amended, which prohibit discrimination on the basis of disability in a Dartmouth program, service, or activity. 

Dartmouth recognizes that some community members with disabilities may require a reasonable accommodation for the services of a Personal Care Attendant (PCA) to fully access the educational programs and offerings of Dartmouth. PCAs may be used in residential, educational, and workplace settings. PCAs work solely for the person with the disability and provide personal assistance on matters of activities of daily living, health, and occasional physical needs. 

This policy addresses, as part of a reasonable accommodation, Dartmouth's view of (i) the role of a PCA, and (ii) expectations of Dartmouth, the person with a disability, and the PCA. The Office of Equal Opportunity, Accessibility, and Title IX in collaboration with Student Accessibility Services as well as the Dartmouth Disability Access Professional at each school is responsible for implementing this policy. 

II. DEFINITIONS

Activities of Daily Living (ADL). There are six standard ADLs, which include bathing, dressing, toileting, transferring (getting in and out of bed or chair), eating, and continence.

Americans with Disabilities Act (ADA). The federal law (as amended) that protects individuals with disabilities from discrimination in any program or activity for which they are qualified to participate.

Dartmouth Disability Access Professional (DDAP). Each school at Dartmouth has a Disability Access Professional who is charged with the provisional or identified reasonable accommodations for staff and students. Please visit the EOATIX website to review the list of DDAPs.

Disability. For purposes of this policy, Disability is defined in accordance with the ADA, with respect to an individual as: 

1. A physical or mental impairment that substantially limits one or more of the major life activities of such an individual. 
2. A record of having such an impairment; or 
3. Being regarded as having such an impairment. 

Interactive Process. The process by which people with disabilities request reasonable accommodations, including Dartmouth's analysis and determination of those requests.

Personal Care Attendant (PCA). A PCA (including a Relief PCA) is an individual hired to aid a person with a disability to execute ADLs and other personal needs, thereby allowing the person with the disability independence and access to Dartmouth's education program and activities. The work of a PCA is considered to be a "personal service"; therefore, individuals that hire a PCA are responsible for hiring, paying, and managing their PCA. Dartmouth does not provide PCAs, coordinate PCAs, nor assume any financial or legal responsibilities for such PCAs. Dartmouth is not a party to the hiring and management of PCAs. The range of activities PCAs perform are unique to each individual and their disability. Some common services and assistance provided by PCAs include, but are not limited to:

• Providing help with ADLs. 
• Medication management.
• Housekeeping.
• Preparing meals and assistance with eating.
• Transportation or escort services.
• Retrieving and moving items (e.g., books) and turning pages, opening doors.

Person with a disability. An otherwise qualified individual with a disability who has a physical or mental impairment that substantially limits one or more major life activities. 

Relief PCA. A PCA that provides temporary assistance to an individual with a disability, when the PCA is sick, unavailable, or otherwise not able to work. A Relief PCA is held to the same expectations as PCAs, including background checks.
 

III. PROCEDURES AND PROTOCOLS TO OBTAIN AN ACCOMMODATION FOR A PCA

Dartmouth considers the presence and use of a PCA an accommodation for a person with a disability. To receive an accommodation for the use and presence of a PCA, the following steps are needed:

1. Engage in the Interactive Process with the appropriate Disability/Accessibility Office and the DDAP.
2. Request and receive the approved accommodation for the PCA through the appropriate Disability/Accessibility Office on campus. Students are encouraged to submit accommodation requests with sufficient time for approval before the commencement of classes and (if applicable) Dartmouth residential housing deadlines.
3. If the PCA is approved as an accommodation, provide any additional forms as needed to the Disability/Accessibility Office, including: 
   • Provide a job description with a list of responsibilities that each PCA will perform to support assistance with daily living activities.
   • Provide evidence of applicable agency or professional certifications, licenses, and insurance certificates, each PCA contract, proof of vaccination, and each PCA's contact information at least 30 days before each PCA is expected to access facilities owned or controlled by Dartmouth.
     • Please note that, if not stated in the PCA contract, the following information must be provided:
       1. Length of engagement with the PCA;
       2. Plan for PCA illness or other interruption of PCA duties; and
       3. Schedule for each week, including days and hours for each PCA.
   • Provide confirmation that each PCA has received a copy of the following policies:
     • Sexual and Gender-Based Misconduct;
     • Nondiscrimination and Anti-Harassment Policy and Resolution Procedures;
     • Notice of Nondiscrimination; and
     • Fire and Safety.
4. Remain in contact with the appropriate Disability/Accessibility Office and DDAP throughout the time each PCA will be working with the individual. 
5. Obtain any necessary Dartmouth ID, parking permits, meal plans, safety training, etc., that are needed for each PCA.

IV.  RESPONSIBILITIES

Each person with a disability, the PCA, and Dartmouth carry responsibilities to ensure the PCA accommodation is successfully implemented. 

A.    Responsibilities of Dartmouth

Dartmouth does not provide PCA services and is not responsible or liable for any consequences resulting from a student's or employee's associations with a PCA. The appropriate Dartmouth Disability/Accessibility Office may be of assistance to students or employees who require the services of a personal care attendant by: 

• Assisting with ideas for recruitment of PCAs in the community around Dartmouth. 
• Engaging in the Interactive Process with the person with the disability requesting the PCA. 
• Communicating the student's need for PCAs in the accommodation notification to appropriate people/departments (e.g., Residential Life, faculty) to ensure they are aware of the incoming PCA's presence so that they can plan for their presence and welcome them appropriately.
• Answering questions from other Dartmouth departments regarding an individual's need for PCA support.
• Providing housing accommodations consistent with Dartmouth's policies.

B.    Responsibilities of Students or Employees Using the Services of a PCA on Campus 

A PCA works directly for the student or employee who requires assistance in ADLs while attending work, or Dartmouth's programs or activities. Students and employees who use PCAs are responsible for securing, training, supervising, and paying the PCA who works for them. Often PCAs are secured through private contracts or agencies. Dartmouth will not assume responsibility for the PCA or the fulfillment of their contracts. 

Because PCAs perform specialized services for which they have received specific training and for which they must be appropriately insured, Dartmouth does not permit students to serve as a PCA for their friends, roommates, etc. on campus. Dartmouth employees are not permitted to serve as PCAs for students or employees; however, if a Dartmouth employee has a familial relationship with a student an exception may be requested for providing support outside of the Dartmouth employee's work schedule. This request should be made to the EOATIX office and will be reviewed in accordance with Dartmouth policies.

Any student or employee seeking to engage a PCA in a capacity that relates to their Dartmouth educational program, activity, or employment must follow these steps: 

1. Follow the steps set forth in Section III above ("PROCEDURES AND PROTOCOLS TO OBTAIN AN ACCOMMODATION FOR A PCA"). All aspects of employment are between the person with a disability and each PCA.
2. Register each PCA with the ADA/504 Coordinator in EOATIX using the PCA Form. Please include all information outlined in Section III 3 a-c.  ("PROCEDURES AND PROTOCOLS TO OBTAIN AN ACCOMMODATION FOR A PCA)" with your registration).
3. Develop an alternative action plan if a PCA is unavailable to provide services. PCA services are not available from Dartmouth, even on an interim or emergency basis.
4. Ensure the appropriate Dartmouth Disability/Accessibility Office as well as Dartmouth's ADA/504 Coordinator is aware of all PCAs (primary and Relief PCA(s)) who will be assisting in your care.  
5. Pay for all PCA and Relief PCA services, including but not limited to any related costs for housing and meal plans.
6. Direct the activities of the PCA. The student or employee is solely responsible for ensuring the PCA fulfills their duties, whether daily or periodically. The student or employee is responsible for the PCA and mitigation of any failure to meet the contractual obligations.
7. Notify Dartmouth if the PCA is arrested or convicted of any felony after completion of the PCA's background check.
8. Follow all Dartmouth policies and related codes of conduct.

C.    Responsibilities of the PCA and Relief PCAs

PCAs are expected to abide by all Dartmouth policies, regulations, and rules at all times, as well as all applicable local, state, and federal laws. Failure to follow Dartmouth policies may result in immediate removal of the PCA or Relief PCAs, including prohibition from being on Dartmouth's campuses. 

If a PCA is assisting a student, the PCA is only allowed on campus as part of the student's Dartmouth program or activity (e.g., when terms are in session), or if the student has special permission to be on campus during breaks. If a PCA is assisting an employee, the PCA is expected to be on campus at the place of employment during the hours the employee is actively working or participating in employment-related events (e.g., Employee Resource Network event). 

Each PCA must:

• Successfully pass all background checks and complete any requisite trainings prior to their arrival on campus.
• Maintain all certifications, licensure, and insurance.
• Meet all health vaccination requirements of Dartmouth students outlined on the incoming student immunization forms.
• Maintain all appropriate work permissions if a PCA is in the United States. Dartmouth will not provide work-visa sponsorship.
• Obtain and manage Dartmouth Dining plans if needed.
• Always allow the student or employee to represent themselves. 
• Not act as a surrogate, intermediary, or academic aid. If a PCA is needed during classroom time, the PCA shall remain available to the student for personal care needs only.  
• Not interpret, explain, direct, or engage in any academic action, or job requirement on behalf of the student or employee with the disability.  
• Not engage in any academic work for the student related to class assignments or tests.
• Refrain from discussing the details of the person's disability with anyone but the person. 
• Refrain from communicating on behalf of the person with the disability unless the accommodation includes the PCA vocalizing on behalf of the person.
• Abide by all applicable Dartmouth policies, procedures, regulations and rules (including complying with Dartmouth's residential housing terms and conditions). Behave professionally and respectfully on campus.
• Carry their Dartmouth ID with them while on campus.
• Access the student's residence hall only while the student is permitted to be on campus.
• In the event of an emergency evacuation, assist the student or employee with safely exiting the building, and seek immediate assistance from Dartmouth officials (i.e., the Department of Safety and Security) if assistance is needed to safely evacuate the student or employee.

 
If a PCA fails to abide by all applicable Dartmouth policies, procedures, and codes of conduct, Dartmouth may revoke permission for the PCA to be on campus.  If a PCA resides in Dartmouth housing while providing care for a student, and the PCA engages in behavior that is prohibited by Dartmouth, the PCA may be removed from campus immediately regardless of the contractual commitment between the PCA and the student.  It is the responsibility of a student or employee to ensure the PCA is operating within the expectations of Dartmouth.  
 

V.    PCAs LIVING ON DARTMOUTH'S CAMPUS

Students who seek to live in Dartmouth's residential facilities with a PCA must be approved by their local Disability/Accessibility Office through the typical accommodation request and approval processes as mentioned above.

Anyone living in Dartmouth owned or controlled housing is expected to be able to obtain help in an emergency, navigate getting in and out of facilities (including bed), and engage in ADLs with or without a reasonable accommodation. To meet our obligations for the health and safety of our community and our commitment to well-being, Dartmouth reserves the right to require overnight PCA care for individuals living in Dartmouth owned or controlled residences as appropriate. If an individual with a disability cannot obtain a PCA, they are advised to work with their Accessibility/Disability Office to explore other reasonable accommodations. Dartmouth does not provide funding for PCA care. 

If a student plans to participate in Dartmouth's off-campus programming while enrolled at Dartmouth, and a PCA will be required to be with the student during such program, the student should initiate the accommodation process at least one full term before such program is planned.

VI.    APPEAL PROCEDURE

A student, faculty, or staff member who wishes to appeal a determination regarding a disability accommodation must follow the procedure outlined in the Dartmouth College Disability Accommodation Appeal Policy. Any allegations related to behavior will be addressed under the appropriate Dartmouth policy and follow the procedures outlined therein.

VII.    AMENDMENT

Amendments to this policy and all other applicable procedures under this policy ("Amendments") shall be made as follows: 

• Amendments to update or correct information regarding resources, contacts, or other factual items may be made on an ongoing basis by the EOATIX Office and shall become effective upon publication on the EOATIX Office website and the Dartmouth Policy Portal.  
• This policy may be revoked or amended by Dartmouth, in whole or in part, from time to time, via the Office of Equal Opportunity, Accessibility, and Title IX, which is authorized to make revocations or amendments on behalf of Dartmouth, in consultation with the Vice President of EOATIX, the Provost, and the Executive Vice President. Any such revocation or amendment shall become effective upon adoption by EOATIX, or as of such other time as EOATIX shall specify and will be reflected in the current version of the policy posted within the Dartmouth College Policy Portal. Amendments to ensure legal compliance will include consultation with the Office of General Counsel. Questions or disputes regarding the application, interpretation or implementation of this policy shall be resolved by EOATIX; the decision of such office on the matter shall be binding on Dartmouth and all individuals subject to this policy.