Personal Care Assistant Policy | University at Albany

Policy Purpose

UAlbany is committed to ensuring equal access for students with disabilities by providing reasonable accommodations in accordance with applicable laws.

Students seeking accommodations must first register with DAISS, which evaluates requests on a case-by-case basis.

The University recognizes that some students may require the assistance of a Personal Care Assistant (PCA) to fully participate in academic, residential or campus life.

This policy outlines the procedures and responsibilities related to the presence of PCAs on campus. It clarifies the role of the University in supporting students who use PCAs while specifying that UAlbany does not coordinate, fund or assume legal responsibility for the services provided by PCAs.

Policy Statement

The University at Albany acknowledges that some students with disabilities may require the assistance of a PCA to fully participate in academic programs, campus activities and services.

A PCA is an individual who provides personal assistance with daily living activities and is approved as a reasonable accommodation through DAISS.

The University will:

Review all PCA requests on an individualized, case-by-case basis following documentation provided by the student and relevant medical or professional evaluations
Provide academic and campus access accommodations but do not assume responsibility for the hiring, supervision, training, scheduling or financial support of PCAs
Maintain a collaborative approach to support students and PCAs, ensuring campus facilities are accessible and accommodating

Responsible Office

Responsible Office: Office of Dean of Students

Responsible University Official: Assistant Dean of Disability Access & Inclusion Student Services

Persons Affected

Students with disabilities who require the assistance of a PCA to participate fully in academic, residential and campus life
PCAs who provide such support
The University staff and faculty who may engage with or accommodate these arrangements

Definitions

A Personal Care Assistant (PCA) is an individual privately employed by a student with a documented disability to provide necessary personal care services that enable the student to access and participate in academic, residential and campus life activities.

Depending on the nature of the student's disability, the need for a PCA may be temporary or ongoing. PCAs are not employed by the University and act under the direction and supervision of the student.

PCAs may assist with a range of services tailored to the student's individual needs, including but not limited to:

Assistance with Activities of Daily Living (ADLs) such as bathing, dressing, grooming, toileting and hygiene
Mobility support, including transferring to and from wheelchairs or other mobility devices
Meal preparation and feeding assistance
Housekeeping tasks related to the student's health and safety (such as cleaning, laundry and maintaining a safe living environment)
Medication reminders and monitoring of medical conditions
Running errands essential to the student's daily living needs
Transportation and escorting, including assistance in navigating the campus
Emergency assistance, such as aiding in evacuation from a building or residence during a fire or other emergency
Academic assistance, includes turning pages, retrieving materials and opening doors
Safety alerts, including warnings of environmental hazards

PCAs are expected to conduct themselves in accordance with University policies and behave professionally on campus.

Policy

This policy establishes clear procedures and expectations related to the presence and support of PCAs for students with disabilities on campus.

It aims to safeguard the dignity, privacy and safety of students who require personal care while ensuring a respectful and secure environment for the PCAs who assist them.

Additionally, this policy defines the roles and responsibilities of students, PCAs and the University in maintaining a supportive and compliant campus environment.

This policy specifically:

Outlines the procedures for requesting PCA support on campus through the appropriate University channels
Clarifies the responsibilities of students who require a PCA, including communication, supervision and coordination of care
Defines the expectations for PCAs as campus community members, including access to University facilities, residential housing and compliance with institutional policies and conduct standards
Describes the University's role in facilitating reasonable access and accommodations while maintaining safety, accountability and the integrity of the learning environment

The following principles form the foundation of this policy:

Every student has the right to be safe and supported while receiving personal care services.
Every student is entitled to personal privacy and to be treated with dignity and respect.
Each student must be recognized and valued as an individual, with personal care tailored to meet their unique needs.
Students should be actively involved in decisions about their care to the fullest extent possible.
Students have the right to express their views about their personal care, which must be acknowledged and respected.
Consistency in personal care delivery is essential for student comfort, safety and continuity.
PCAs must be appropriately trained and informed and are expected to adhere to University policies on campus or in University-affiliated housing.

This policy reflects the University's commitment to fostering an inclusive, equitable and accessible campus community. It complies with all applicable federal, state and local laws, including the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. It is designed to protect the rights of students with disabilities while ensuring that PCAs are integrated responsibly into the academic and residential environment.

Responsibilities of UAlbany & DAISS

UAlbany does not offer PCA services and bears no responsibility or liability for any outcomes arising from a student's engagement with a PCA.

However, DAISS can aid a student in need of personal care assistant services by:

Generating ideas for advertising and recruiting PCA services on campus and within the community
Providing the student with an accommodation letter to share with instructors stating that a PCA will accompany the student during classroom sessions and related activities
Addressing any inquiries from the Department of Residential Life regarding a student's requirement for a PCA

Responsibilities of Students with Personal Care Assistants

A PCA is directly employed by a student with a disability.

Students utilizing PCAs are accountable for securing, training, supervising and compensating their PCAs. The student can arrange these services through agencies or private contacts.

UAlbany will not assume any responsibility for the PCA or for any failure of the PCA to fulfill their contractual obligations to the student.

Any student wishing to bring or utilize a PCA on campus must adhere to the following guidelines:

Be registered with DAISS
Document, via DAISS, the accommodation of using a PCA in both classroom and housing settings
If a PCA is required in housing, complete a Housing Accommodation Form.
Secure, hire, manage and, if necessary, terminate the PCA
- If a student requires a PCA assistant 24/7, the student and their family must hire and ensure the PCA is always with the student, without exception.
- PCAs working overnight in on-campus residence halls or apartment buildings must be prepared to escort their students out of the building in an emergency. Note: Residential Life’s Overnight Guest Policy does not apply to PCAs, based on the necessity of the housing accommodation.
Develop an alternative action plan in case the regularly assigned PCA is unavailable for work
Recruit and hire a PCA when the student commits to enrolling and attending the University
Assume responsibility for the PCA's behavior and actions while on campus
- The student is responsible for violations of the Community Rights & Responsibilities and/or the Housing License committed by their PCA.
Ensure that any changes in PCA personnel are reported to the DAISS and, if residing on campus, Residential Life

 It is the disabled student's responsibility to secure the services of another PCA if the current one is unable to perform their duties for any reason. Any loss of keys or room damage caused by the student PCA while assisting a student with a disability in their living area will be directly billed to the student.

Responsibilities of the Personal Care Assistant

PCAs must adhere to all University at Albany policies, regulations, rules and procedures.

Access to the student’s campus housing is restricted for PCAs; they may only enter when classes are in session or if the student has obtained proper authorization to be on campus during break sessions.

PCAs are expected to:

Allow the student to assume responsibility for their academic duties and behavior
Avoid contacting or questioning faculty, staff or others on behalf of the student unless communication is part of the accommodation provided by the PCA
Intervene only in conversations between students and faculty, staff or other students if communication is part of the accommodation provided by the PCA
Refrain from discussing the student's confidential information with faculty, staff or students
Abstain from involvement in the student's academic work concerning class assignments or tests
Carry their University at Albany identification card (ID) while on campus

 If a PCA fails to comply with these policies, regulations, rules and procedures, resulting in a significant alteration in services, programs or activities, Disability Access & Inclusion Student Services may determine that the PCA cannot accompany the disabled student into the classroom or other locations.

Note: If a PCA is also a UAlbany student, they are referred to as a Student PCA. A Student PCA is only able to access the campus housing assignment of the student with a disability while classes are in session.

If a PCA residing with the student with a disability violates housing-related policies, regulations, rules or procedures, the Department of Residential Life may decide the PCA cannot live with the disabled student in campus housing. In such cases, the PCA may be promptly removed from campus housing, regardless of their contractual arrangement with the disabled student.

Procedures for Requesting a Live-in PCA in On-campus Housing

Students with a disability who wish to live in on-campus residential areas and require the services of a live-in PCA must follow the Housing Accommodation process:

Request a housing accommodation with documentation from a medical provider to verify that a live-in PCA is necessary to accommodate a student's request to reside on campus. DAISS will review the documentation and, if required, may seek further clarification from the student and medical provider.
If the accommodation is approved, the student must obtain a University ID card for each PCA and, if applicable, a parking permit for each PCA’s vehicle. Arrangements for card access and identification should be discussed in advance, and any expenses associated with these cards will remain the student's responsibility.

PCAs must adhere to all University and Department of Residential Life rules, regulations, policies and procedures.

The University reserves the right to terminate a PCA's access to housing at any time for violations of the terms and conditions of the housing agreement, disruptions to the residence hall or apartment community, changes in space availability, failure to adhere to University or Housing policies, if the PCA ceases to meet the eligibility requirements set forth above, or for other reasonable causes as determined by the Department of Residential Life.

The University will not be responsible for any liability incurred by the student due to the PCA's removal. The PCA and students may also receive an official warning from the Department of Residential Life. In such situations, the University will notify the student promptly.

A PCA's eligibility for UAlbany housing is contingent upon the disabled student's continued occupancy in UAlbany housing.

If the student terminates their relationship with a PCA, the PCA is no longer eligible for housing. The PCA will have 24 hours to vacate the room and return the keys and/or access card to Residential Life staff.

PCAs are given a room key and/or card access and will be held financially responsible for their loss via the resident's student account.

When the occupancy period ends, the PCA must remove all personal belongings and garbage from their room and return all keys and electronic access devices to the designated location.

The PCA agrees to take primary responsibility for their safety and security.

Parking Permits for PCAs

The University is not responsible for covering the parking fees of Personal Care Assistants (PCAs). The student is responsible for ensuring that their PCA has the appropriate parking permit and covering any associated parking costs, including permits or fines. The PCA must comply with all University parking regulations.

The student or PCA should purchase a volunteer parking permit for the PCA. The following information about the PCA will be required: first and last name, phone number, vehicle model and color, and license plate number and state.