Personal Care Attendants

SUNY Cortland recognizes that certain students may be entitled to the services of a Personal Care Attendant (PCA). This policy addresses the use of PCAs for students that have PCAs as part of an approved accommodation through the Disability Resources Office. The university does not assume coordination of, financial responsibility for, or legal liability for PCAs.

The purpose of this policy is to describe the key concepts involved in a request for the use of a PCA; clarify the student’s responsibilities with respect to their PCA; and explain the university's role in this process.  

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 duties or services (chronic or temporary). A PCA works directly for and is employed by the student. The type of tasks performed by PCAs vary from person to person. Tasks performed by PCAs may include, but are not limited to, the following:

• Providing help with activities of daily living, such as bathing, dressing, toileting, and grooming
• Housekeeping
• Preparing meals and assistance with eating
• Positioning or transferring to and from a wheelchair
• Running errands
• Monitoring medical conditions
• Ensuring compliance with medication regimes
• Transporting and/or escorting
• Assisting with maintenance of the housing environment, including light cleaning, laundry, and keeping the environment safe
• Turning pages and retrieving books
• Opening doors
• Alerting to distracting, repetitive movements
• Alerting to dangerous environments/situations

Student with a disability – an otherwise qualified individual who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual, as specified according to the American with Disabilities Act (ADA) of 1990 as amended in 2008.

Responsibilities of SUNY Cortland

SUNY Cortland does not provide PCA services and is not responsible or liable for any consequences resulting from a student’s associations with a PCA. Through the Disability Resources Office (DRO), the university can assist students requiring personal care attendant services by:

• Generating ideas for advertising and recruitment for PCA services on campus and in the community
• Including in an accommodation letter to faculty that a student will be accompanied by a PCA in the classroom and for all classroom-related activities
• Answering any questions from the Residence Life and Housing Office regarding a student’s need for a PCA in campus housing

Responsibilities of Students using Personal Care Attendants

A PCA works directly for a student with a disability. Students who use PCAs are responsible for securing, training, supervising, and paying their PCAs. Students can make arrangements through agencies or private contacts. SUNY Cortland will not assume any responsibility for the PCA or for the PCA’s failure to fulfill its contract with the student. Any student who wishes to bring or use a PCA on campus must:

• Be affiliated with the Disability Resources Office (DRO)
• Qualify as an individual with a disability
• Request, through DRO, an accommodation of using a PCA in the classroom and/or housing
• If a PCA is required in housing, complete the Housing Accommodation Request form and submit appropriate documentation to DRO by the required submission date to support the medical necessity of having a PCA in campus housing.
• Register the PCA with Disability Resources by submitting a copy of the contractual agreement with the PCA or the PCA’s agency. This documentation could cover a specific person, or an agency providing services through more than one PCA. The contract must stipulate that the services required by the student will in fact be provided by the PCA.
• Secure, hire, manage, and fire (if necessary) the PCA
• Develop an alternative plan of action should the regularly assigned PCA not be available for work
• Recruit and hire a PCA as soon as the student knows they will be enrolling and attending SUNY Cortland
• Accept responsibility for the behavior and actions of the PCA (including through the campus disciplinary system) while on campus
• Ensure that PCA personnel changes are registered with the Disability Resources Office

Responsibilities of the Personal Care Attendant

Personal Care Attendants are expected to follow all applicable university and departmental policies, regulations, rules, and procedures. PCAs 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. PCAs must:

• Allow the student to take responsibility for his/her own academic responsibilities and behavior
• Refrain from contact with or asking questions of faculty, staff, or others on behalf of the student unless communication is part of the accommodation being provided by the PCA
• Refrain from intervening in conversations between the student and faculty, staff, or other students unless communication is part of the accommodation being provided by the PCA
• Refrain from discussing any private information about the student with faculty, staff, or students
• Refrain from involvement with the student’s academic work related to class assignments or tests
• Follow all SUNY Cortland policies and abide by the Student Code of Conduct (including all policies related to law, behavior, and campus housing)
• Carry their SUNY Cortland ID while on campus

If a PCA fails to abide by such policies, regulations, rules, and procedures and/or causes a fundamental alteration in services, programs, or activities, the Disability Resources Office may make a determination that the PCA will not be allowed to accompany the student with a disability into the classroom and/or other sites. If a PCA who resides in campus housing fails to abide by the policies, regulations, rules, and procedures related to university housing, the Residence Life and Housing Office may make a determination that the PCA will not be allowed to live with the student in campus housing. The PCA may be removed from campus immediately, regardless of the contractual arrangement the PCA has with the student. It is the student’s responsibility to secure the services of another PCA in the event a PCA becomes unable to perform services for a student, whatever the cause of that unavailability.

Responsibilities of the Student Personal Care Attendant

This section pertains to the employ of SUNY Cortland students as Personal Care Attendants for students that have PCAs as part of an approved accommodation through the Disability Resources Office. Student PCAs are expected to follow all applicable university and departmental policies, regulations, rules, and procedures. Student PCAs will only be able to access the campus housing assignment of the student with a disability while classes are in session. In addition to abiding by stipulations noted in the aforementioned Responsibilities of Personal Care Attendant section, Student PCAs will be fully held to the standards and levels of accountability noted in the Student Code of Conduct and all other SUNY Cortland campus housing policies and agreements. Student PCAs must also carry their SUNY Cortland student ID at all times.

If a student PCA fails to abide by such policies, regulations, rules, and procedures and/or causes a fundamental alteration in services, programs, or activities, the Disability Resources Office may make a determination that the student PCA will not be allowed to accompany the student with a disability into the classroom and/or other sites. If a student PCA who resides in college housing fails to abide by the policies, regulations, rules, and procedures related to college housing, the Residence Life and Housing Office may make a determination that the student PCA will no longer have access to the housing assignment of the student with a disability. Depending on the level of violation towards the aforementioned university or campus housing polices, the student PCA may be removed from campus housing regardless of any contractual arrangement the student PCA has with the student. Violations of university and housing policies may also result in the student PCA undergoing the disciplinary process through the Student Conduct Office. It is the student’s responsibility to secure the services of another PCA in the event a student PCA becomes unable to perform services for a student, whatever the cause of that unavailability. Any loss of keys or damage that occurs on the part of the student PCA while assisting a student with a disability in their respective living area will be billed directly to the student PCA.

Policy and Procedures for Living on Campus with a Personal Care Attendant

Students who seek to live in SUNY Cortland residential facilities and require the service of PCAs must follow the Disability Resource Office’s accessible campus housing request process and submit requests, including appropriate documentation, by the required submission dates. Students must follow these guidelines to arrange PCA services:

• Submit the Request for Accessible Campus Housing to the Disability Resources Office, filled out by a physician or other medical professional, to verify that a live-in PCA is necessary to accommodate a student’s request to live in SUNY Cortland housing. The Disability Resources Office will review this documentation, and, if needed, may seek further clarification from the student and their physician or other medical professional regarding the request for accommodation. 
• For each PCA to be residing (whether part-time or full time) with the student in campus housing, submit a copy of the PCA’s criminal background check to the Disability Resources Office . If the student is contracting with an individual PCA, then the student must ensure that the PCA submits a current criminal background check to the student to be sent to the Disability Resources Office. If the student is working with a PCA contracting agency, the student must obtain a copy of the criminal background check(s) performed by or on behalf of the agency and provide it to the Disability Resources Office. The student is responsible for notifying the Disability Resources Office if the PCA is charged with any crime during the student’s time at the college (including summer and other school breaks). If the PCA has not submitted a criminal background check to the student or if there is any question or concern about the PCA’s criminal history, the PCA will not be permitted on campus until such time as it has been completed and submitted, and the student will need to make alternative arrangements.
• The student will need to obtain a SUNY Cortland ID card for each PCA, as well as an appropriate parking permit for the PCA’s car (if applicable). The ID card and parking permit will be issued by the university once the PCA’s information is approved. Arrangements for card access and identification should be discussed in advance and any expense associated with these cards will remain the responsibility of the student or the agency.
• PCAs are required to follow all university, Residence Life and Housing Office, and license agreement rules, regulations, policies, and procedures. The university may immediately remove any PCA who fails to abide by these policies in a manner that endangers health safety of any member of the campus community. The university will not be responsible for any liability incurred by the student because of the PCA’s removal. In cases that do not warrant immediate removal, the student should refer to the code of conduct. Additionally, the PCA and student may receive an official warning from the Residence Life and Housing Office. In this situation, the university will notify the student of the issue as soon as possible.