Electronic and Information Technology Accessibility Policy

Biola University is committed to providing all individuals — whether on campus or online — with an accessible, informative and enriching experience. The University seeks to provide all individuals with disabilities reasonable access to programs, benefits and services as required by the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973 and other applicable federal and state laws and regulations.

Members of the University community with responsibility for creating, managing, or disseminating electronic information (online content) and information technology are responsible for ensuring that it is compliant with this policy and the related standards and guidelines except where doing so would impose a fundamental alteration or undue burden. More information about this is found in the Exceptions section.

If such content or information technology is inaccessible, individuals with disabilities may submit a request for access, and the necessary University offices will work to provide reasonable access to or functionality for the inaccessible content or information technology. More information on how to get help is found on Biola’s accessibility page.

Examples of electronic (online content) and information technology that this policy covers are defined below in the Scope of Policy section.

Biola University has created the position of Universal Access Manager to help define what reasonable access to online content and or information technology entails. The Universal Access Manager oversees and updates the guidelines and standards set by this policy, responds to requests for information on accessibility as it relates to online content and information technology, and develops recommendations on requests for exceptions.

The Universal Access Manager has established two teams to advise on governance:

1. The Web Accessibility Team
   Participation on this team includes but it not limited to the Office of Information Technology (IT) and the Division of Enrollment, Marketing and Communications (EMC), and any department or center whose website is not centrally managed by EMC.
2. The Academic Accessibility Team
   Participation on this team includes but is not limited to the Offices of Digital Learning (DL), Disability Services, Educational Effectiveness, and Faculty Advancement.

These are the processes by which Biola University faculty and staff will create, obtain, and maintain electronic and information technology (EIT) in a manner that ensures that EIT is accessible to individuals with disabilities. These areas include:

1. Web Accessibility
2. Instructional Materials Accessibility
3. Technology Procurement

1. Web Accessibility

Scope

All University web pages and digital content used to conduct University business and activities including web resources used in courses, emails and digital documents.

Standards

Biola University measures the accessibility of online content and functionality according to the World Wide Web Consortium’s (W3C’s) Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and the Web Accessibility Initiative Accessible Rich Internet Applications Suite (WAI-ARIA) 1.2 techniques for web content, and the Authoring Tool Accessibility Guidelines (ATAG) 2.0 for authoring tools, which are incorporated by reference.

• More information on the World Wide Web Consortium’s (W3C’s) Web Content Accessibility Guidelines (WCAG) 2.1
• More information on the Web Accessibility Initiative Accessible Rich Internet Applications Suite (WAI-ARIA)
• More information on the Authoring Tool Accessibility Guidelines (ATAG) 2.0

Responsibilities

• Biola faculty and staff are responsible for complying with web accessibility standards when developing new, newly added, or modified web content and to ensure that online activities are hosted in accessible environments, except where doing so would impose a fundamental alteration or undue burden (see further discussion in the “Fundamental Alteration or Undue Burden” section).
• The Division of Enrollment, Marketing and Communications will provide training and support for creating websites and content that comply with this policy.
• The Office of Information Technology will ensure that any content management system and other web production or web object creation software will be accessible and will produce accessible web pages.

Getting Help

If an individual is using assistive technology to access Biola University’s website and finds that the information is inaccessible, the individual may notify the University by filling out a form for content access. The University web team will help provide reasonable access to requested pages, documents and other resources available on the University’s websites.

2. Instructional Materials Accessibility

Scope

Electronic instructional materials (syllabi, textbooks, presentations, handouts, etc.) that are delivered within the University’s learning management system, in face-to-face classes, or in an alternate fashion (email, blogs, etc.) and electronic instructional activities (online collaborative writing, web conferencing, etc.).

Standards

Electronic instructional materials, optional and required, will be accessible. Instructional materials and activities will be made available to all students at the same time.

Responsibilities

• Biola faculty and staff are responsible for complying with web accessibility standards when developing new, newly added, or modified web content and to ensure that online activities are hosted in accessible environments, except where doing so would impose a fundamental alteration or undue burden (see further discussion in the “Fundamental Alteration or Undue Burden” section).
• For online courses, the Office of Digital Learning will provide training and support for developing new, newly added, or modified digital instructional content that comply with this policy.
• For in-person courses, the Office of Student Accessibility will provide training and support for coordinating academic based activities in the development of new, newly added, or modified digital instructional content that comply with this policy.

3. Technology Procurement

Scope

Providing an accessible information technology environment is dependent in large part on the EIT purchased by the University. The procurement standards and responsibilities herein apply to all potential technology software/hardware vendors and products that the University is evaluating.

Standards

Technology software/hardware vendors shall remain compliant with all applicable federal and state laws and regulations in the provision of services, including but not limited to the provision for equally effective and substantially equivalent ease of use for persons with disabilities, as required by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. In addition, such vendors shall remain compliant with the World Wide Web Consortium’s (W3C’s) Web Content Accessibility Guidelines (WCAG) 2.0 Level AA for web content and the Web Accessibility Initiative (WAI) Authoring Tool Accessibility Guidelines (ATAG) 2.0 Level AA for authoring tools.

Responsibilities

• IT shall review the accessibility requirements and expectations with the selected vendor before the product is purchased. This may include requiring the vendor to submit a Voluntary Product Accessibility Template (VPAT).
• As part of the contract review process, the contract review team shall require a “Website Accessibility” provision (see sample provision below) within the terms and conditions of applicable technology software/hardware contracts, wherein the vendor acknowledges accessibility requirements and expectations. The provision should provide the University with the right to terminate the contract without penalty in the event that such requirements or expectations are not met by the vendor.
• In the event a vendor is unable to agree to or comply with the proposed accessibility provision and there is no viable alternative product, the contract review team shall require a statement of the vendor’s concerted effort to remediate the product for accessibility and search for alternatives if the vendor is unable to deliver an accessible product in the future.
• In addition, when a contract is renewed, an accessibility compliance clause or addendum should be added to the contract if the original contract does not contain one.
• Sample Website Accessibility Provision: “Website Accessibility. [COMPANY NAME] shall remain compliant with all applicable federal and state laws and regulations in the provision of services, including but not limited to the provision for equally effective and substantially equivalent ease of use for persons with disabilities, as required by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. In addition, [COMPANY NAME] shall remain compliant with the World Wide Web Consortium’s (W3C’s) Web Content Accessibility Guidelines (WCAG) 2.1 Level AA for digital content and the Web Accessibility Initiative Authoring Tool Accessibility Guidelines (ATAG) 2.0 Level AA for authoring tools. [COMPANY NAME] agrees to promptly respond to, resolve and remediate any complaint regarding non-compliance in a timely manner and at no cost to [University/Client/Customer]. [COMPANY NAME] further agrees to indemnify and hold harmless [University/Client/Customer] from any claims arising out of its failure to comply with the requirements of this paragraph. Failure to comply with these requirements shall constitute a material breach of this Agreement and shall be grounds for termination of this Agreement by [University/Client/Customer] as set forth in [SECTION of AGREEMENT].”

For any technology-related requirement in this policy for which the University determines an undue financial or administrative burden or fundamental alteration of a program or service exists, the University shall provide equally effective alternative access.

In providing equally effective alternative access, the University will take any actions that do not result in a fundamental alteration or undue financial and administrative burdens, but nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services as their nondisabled peers.

Equally effective access alternatives are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs.

If the University determines that an undue burden or fundamental alteration exists, such determination may only be made by the Vice President of University Operations and Finance.

The determination must be accompanied by a written statement of the reasons for reaching this determination, including the cost of meeting the requirement and available funding and other resources.

The statement also shall describe how the University will provide equally effective alternative access (i.e., other action that would not result in a fundamental alteration or undue financial and administrative burden, but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the University as their nondisabled peers).

The Vice President of University Operations and Finance will certify and sign the statement.