Personal Care Attendant (PCA) Policy

Adelphi University understands that a Personal Care Attendants (PCA) may be necessary to address the personal needs of a student with a disability (SWD) in order for that student to fully participate at the University. Students who require personal care attendant services are strongly encouraged, where possible, to hire a PCA who is not a family member, friend, or another student.

Reason for Policy

The purpose of this policy is to address the specific procedures associated with requests for PCA’s on campus; describe the student’s responsibilities with respect to his or her PCA; describe the PCA’s responsibilities as a member of the campus community, including accessing University facilities and/or residential housing; and explain the University’s role in this process.

Who is Governed by this Policy

Students

Policy

In accordance with all state and federal law, including Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Fair Housing Act, no otherwise qualified person with a disability shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity. In accordance with these laws and corresponding regulations, the University is committed to providing accommodations to otherwise qualified individuals with disabilities in services, programs, and/or activities.

The University recognizes that certain students who have a documented need for assistance with activities of daily living and/or nursing care may be entitled to the services of a PCA. An otherwise qualified student who requires personal care attendant services is responsible for making arrangements to provide for his/her own personal care attendant service. The University does not provide individuals with devices or services of a personal nature, including assistance with personal care services (i.e., dressing, bathing, feeding, transfers, errands, etc.). The responsibility for hiring, compensating, training, and supervising these services belongs to the student needing care. The University does not assume coordination or financial responsibilities for the services of a PCA, and the University is not liable for the acts of the PCA.

The vendor photo ID card access may be subject to removal from the residence halls, expulsion from the University campus, loss of all privileges and/or any other action the University considers appropriate in the event the University determines that the PCA has acted in a manner inconsistent with University policies and/or procedures. The PCA may be removed from campus immediately regardless of the contractual arrangement the PCA has with the
student.

Definitions

Personal Care Attendant (PCA): is a person who has been hired to support a student with a disability to live a more independent life by performing personal care services, or other health care needs or activities of daily living. A PCA works directly for and is employed by the student with a disability. The kind of tasks a PCA performs is comparable to those that a family member or medical personnel would perform and will vary from person to person. Possible tasks
performed by a PCA may include, but are not limited to the following:

• Provide help with activities of daily living, such as, bathing, dressing, feeding, toileting, grooming.
• Housekeeping
• Meal preparation or assistance with eating
• Positioning or transferring to and from a wheelchair/scooter
• Running errands
• Monitoring any medical conditions by observing vital signs
• Reminding to take prescribed medications
• Transporting and/or escorting
• Turning pages, retrieving books
• Taking off and putting on coats
• Opening doors

Student with a Disability (SWD): is an otherwise qualified individual who has a physical or mental impairment that substantially limits one or more major life activities, as specified according to the Americans with Disabilities Amendments Act (2008).

Procedures

Student Responsibility

• Contact the Student Access Office (SAO) with any questions or concerns pertaining to a PCA on campus, including whether there may be an accommodation required. Contact information for the
  SAO is available.
• Secure a PCA prior to attending any University-related activity, i.e. orientation, registration, matriculation, classes. The University will not be responsible for providing a PCA on an interim basis. Please note that the PCA Agency must provide a guarantee that all employed attendants are certified or licensed accordingly and a background/security check was conducted prior to employment. Agencies must be bonded and check that annual health clearance with PPD is completed. Relief PCA’s are subject to the same expectations as primary PCA’s, including background checks.
• Direct the activities of the PCA while at the University. Accept responsibility for the behavior and actions of the PCA while on campus.
• Adhere to the University’s Code of Conduct and Adelphi’s Guide to Student Life as well as any and all other University policies, rules, regulations, and procedures.
• Students are responsible for providing a copy of the Personal Care Attendant (PCA) Policy to their PCA.
• Students with PCA’s living with them in the Residence Halls must ensure that the following documents are submitted for each PCA:
  • Provide a copy of the PCA’s criminal background check to Residential Life and Housing.
  • Provide a copy of the contract/terms of employment between the PCA Agency and the student to Residential Life and Housing.
  • Provide proof of PCA’s immunizations to the Health Services Center. Each PCA must meet the same immunization requirements as our students to live in residence; for example measles, mumps and rubella immunizations.
  • Provide the response to meningitis form to the Health Services Center.
  • Ensure that each PCA obtain a vendor photo ID card with the Office of Public Safety. (Please note that a vendor photo ID card is not necessary for PCA’s who will not be living with the student in the Residence Halls).
  • Ensure that if PCA personnel changes occur during the semester, the student must inform Residential Life and Housing (when applicable), and the Office of Public Safety (when applicable).
  • Ensure that the vendor photo ID card and residence hall keys are immediately returned to the Office of Residential Life and Housing in the event a PCA’s employment with the student isterminated. Lost keys and vendor photo ID cards will be billed to the student.

Personal Care Attendant (PCA) Responsibility

• Adhere to all University policies, rules, regulations, and procedures.
• Carry his/her vendor photo ID card (if applicable) at all times while on campus. PCA’s will only be able to access the student campus housing while classes are in session or if the student has properly secured permission to be on campus during break sessions.
• Conduct him/herself in a courteous and professional manner while on campus.
• Not discuss any confidential information about the student with faculty, staff, or students.
• Allow the student to take responsibility for his/her own academic progress and/or behavior.
• Will not contact or ask questions of faculty, staff, or others on behalf of the student.
• Will not intervene in conversations between the student and faculty, staff or other students.
• Will not work on or complete any of the student’s academic assignments

Should it be determined upon review of appropriate, supporting documentation, that it is medically necessary for the PCA to accompany the student into the classroom, the PCA will:

• Not engage in disruptive or distracting behavior. Examples of such behavior include, but are not limited to, conversing with the student, personal use of electronic devices, reading, eating, etc.
• Refrain from actively participating in class.
• Refrain from actively participating in the testing or assessment process.
• Not photograph or record any classroom activity.

University Responsibility

• Should the PCA be living on campus in the residence hall with the student, the following applies: Issue vendor photo ID card once the PCA has passed the required background check and
  presented him or herself to the Public Safety Office for the vendor photo ID card.
• The University will assume financial responsibility for the cost of the bed for the approved PCA in housing and will not charge an additional fee for an approved PCA to occupy a residence hall room with a student.

Forms

This policy does not have forms associated with it at this time. Upon periodic policy review, this area will be evaluated to determine if additional information is needed to supplement the policy.

Related Information

This policy does not have related information at this time. Upon periodic policy review, this area will be evaluated to determine if additional information is needed to supplement the policy.

Document History

• Last Reviewed Date: January 19, 2023
• Last Reviewed Date: January 19, 2023
• Policy Origination Date: September 11, 2013

Who Approved This Policy

Hayley B. Dryer and Ellen Caravella, Partner, Cullen and Dykman LLP and Risk Management Ethics and Compliance Officer