USA Track & Field Policy & Procedures for Evaluation of Requests for Accommodations
Pursuant to the Americans With Disabilities Act
As of Oct. 16, 2004
In July of 2004, USA Track & Field (USATF) President, Bill Roe, appointed
an Americans With Disabilities (ADA) Committee to look into and bring back to
the Board a recommendation regarding how USATF should handle requests for
accommodations made by individuals claiming rights under the ADA. The Committee
consisted of Dr. Michael Frederickson, George Mathews, Linda Melzer, Barbara
Chambers, Tony Cosey, and Rose Monday. Liaisons to the Committee were John
Blackburn, USATF Rules Committee Chair and Jill Pilgrim, USATF staff. The
following policy and procedures were proposed the Committee and approved by the
USATF Board of Directors on October 16, 2004.
PROCEDURES FOR EVALUATION OF REQUESTS FOR ADA ACCOMMODATIONS
- Accommodation Request: An individual submits a request for an
accommodation, due to an asserted disability, either to an event/race
director or a USATF Committee. The request must be specific to a
particular competition and to a specific event discipline or activity at
the relevant competition. USATF will not grant "blanket"
accommodation requests applicable to multiple competitions, activities
or event disciplines. (Note: Event/Race Directors are encouraged to have
a space on the entry forms requesting whether an ADA accommodation is
needed, and advising that it takes 4 to 6 weeks after receipt of all
medical documents to evaluate such a request.)
Responsible Party: Meet/Race Director or USATF Committee.
- Information Review & Privacy Waiver: The event/race director
will collect the name, contact information, specific accommodation
requested by the individual, and the reason for the requested
accommodation and forward this information to the applicable USATF
Committee chairperson. The Committee chair and USATF General Counsel
will contact the individual and request any additional documentation
needed, including medical records. A release/waiver of
privacy/confidentiality must be signed by the individual requesting the
accommodation in order to permit USATF to review his or her medical
records. After review, these records will be maintained as confidential
by the USATF Legal Department. The review of all relevant documents will
not begin, and the 4 to 6 week clock will not start to run, until USATF
has received all relevant documentation from the individual requesting
the accommodation.
Responsible Party: USATF Committee Chairperson and General
Counsel.
- Determination of Whether Individual is Disabled, under the ADA:
The General Counsel shall forward the individual's medical documentation
to a representative of the USATF Sports Medicine & Science ADA
Subcommittee for review. This body or individual will
evaluate and report back to the USATF Committee chairperson and the
General Counsel on whether the individual is disabled within the meaning
of the ADA. (Note: A written release/waiver of privacy/confidentiality
must be signed by the individual requesting the accommodation in order
to permit USATF to review his or her medical records.) If the
Subcommittee determines that the disability does not meet the ADA
requirements, the request for an accommodation will be denied. In this
event, the NABR procedures outlined in item 6 may be invoked.
Responsible Party: ADA Subcommittee of USATF Sports Medicine
& Science Committee.
- Determination of Reasonableness of Accommodation Request: If the
USATF Sports Medicine & Science ADA Subcommittee decides that the
athlete is disabled pursuant to ADA guidelines, the applicable USATF
(National) Committee chairperson will then decide whether the requested
accommodation is reasonable on its face, in relation to the disability
and the nature of the accommodation requested. The essential question
will be whether the requested accommodation "for a particular
person's disability would be reasonable under the circumstances as well
as necessary for that person"? In making this determination, the
USATF Committee chairperson should receive comment from the race/event
director on what, if any, hardship providing the accommodation would
cause it or the competition. (This inquiry does not take into account
what effect the accommodation would have on the essential elements of
the sport.) If the USATF Committee chairperson determines that the
request is unreasonable, then the request for the accommodation will be
denied. In this event, the NABR procedures outlined in item 6 may be
invoked.
Responsible Party: USATF (National) Committee chairperson.
[Note: If an individual has been through this process previously in
regard to a different event, the USATF Sports Medicine & Science ADA
Subcommittee does not have to re-evaluate whether the individual is
disabled within the meaning of the ADA, unless the individual is
asserting a different disability than the one previously asserted.]
- Determination of Whether Accommodation would Fundamentally Alter the
Sport: If the accommodation request is deemed reasonable, then the
ADA Accommodations Committee will determine whether granting the
accommodation would fundamentally alter an essential aspect of the sport
of track and field, long distance running or race walking, either
because: 1) the accommodation is unacceptable even if it applied to all
athletes; and/or 2) the accommodation, regardless of whether it is
"a less significant change", would nevertheless give the
disabled athlete an unfair advantage.
Responsible Party: USATF ADA Accommodations Committee (includes a representative from the following
groups: Officials, Athletes, Disabled Athletes, Event/Race Director,
Medical Professional, and USATF General Counsel as staff liaison.)
- An individual who has subjected him or her self to the above-described
evaluation process, and has been determined not to be entitled to an
accommodation, may appeal that decision to the National Athletics Board
of Review in accordance with USATF Regulation
11-P.
GUIDELINES & SPECIFIC PROCEDURES
It will be the responsibility of the ADA Accommodations
Committee, as it assesses how the process works in real time, to develop working
guidelines and procedures consistent with the policy and general procedures
approved by the USATF Board.
USATF COMPETITION RULE CHANGES
In addition to establishing the policies and procedures outlined above, the
USATF Rules Committee will also clarify the rules of competition with respect to
the essential aspects of the sport of track and field, long distance running and
race walking.
FORMS
Upon request, USATF will provide a hardcopy version of these procedures;
call 317-713-4668.