1. Americans with Disabilities Act (ADA)
2. Section 504 of the Rehabilitation Act
3. Section 508 of the Rehabilitation Act
4. Texas State Law

“Accessible” means that individuals with disabilities are able to independently acquire the same information, engage in the same interactions, and enjoy the same services within the same timeframe as individuals without disabilities, with substantially equivalent ease of use.

“Disability” means a physical or mental impairment that substantially limits one or more major life activities.

“Documents” include, but are not limited to, word processing documents, PDFs, presentations, publications and spreadsheets which are scanned, uploaded, posted, or otherwise published or distributed electronically.

“Documents not currently in use” includes Fidelis Networks, LLC resources that are not currently posted to any website or learning management system, that are not in use in any course or related activities, and that are not distributed in any way.

“Electronic media” includes, but is not limited to, media that is instructional, informational, marketing, and promotional in a digital environment.

“Equally effective” means that the alternative format or medium communicates the same information in as timely a fashion as does the original format or medium.

“External-facing” includes ICT that is not currently password protected.  These resources are available to Fidelis Networks, LLC customers and to the general public.

“Information and Communication Technology” or “ICT” includes digital information, technology, content, and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information. The term information and communication technology includes, but is not limited to, the internet and intranet websites, content delivered in digital form, electronic books and electronic book reading systems, search engines and databases, learning management systems, classroom technology and multimedia, personal response systems (“clickers”), and office equipment such as classroom podiums, copiers and fax machines. It also includes any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, creation, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This term includes telecommunication products (such as telephones), information kiosks, computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.

“Instructional Materials” includes but is not limited to websites, documents, media, syllabi, textbooks, presentations, and handouts.  This includes electronic instructional materials.

“Internal-facing” includes ICT that is currently password protected or is intended for company employees or students.  These resources require a login before the user can view or interact with them and/or are not available to the general public, such as videos used during a class lecture.

“Software, hardware and systems” include, but are not limited to, learning and content management systems, library and email systems, and administrative management systems such as finance, registration and human resources, and all software, hardware and software services used for student services.  Software includes freeware, shareware, desktop, enterprise, subscription and remotely-hosted options.

“Company websites” includes any website or web page hosted by or for company units, organizations, faculty, students or staff that provides content related to Fidelis Networks, LLC business or academic activities.

Fidelis Networks pages and programs used to conduct business and activities, including web resources used in courses, must be accessible.  Web pages, websites, and web-based software newly published, redesigned, modified, or hosted by Fidelis Networks are to meet the standards and guidelines outlined in the Web Content Accessibility Guidelines (WCAG) 2.0 published by the W3C. All web pages are to meet Level AA guidelines.

Electronic instructional materials (including but not limited to websites, documents, media, syllabi, textbooks, presentations, and handouts) must be accessible and as effective and usable for persons with disabilities as they are for persons without disabilities.  This includes electronic instructional materials delivered within the company’s electronic instructional activities.  Instructional materials must meet applicable standards and guidelines as outlined in these procedures.  An example of external-facing instructional materials is an online training publicly available on a website.

Fidelis Networks, LLC produced, maintained, or distributed electronic documents must be accessible.  Electronic documents include, but are not limited to, word processing documents, PDFs, presentations, publications and spreadsheets which are scanned, uploaded, posted, or otherwise published or distributed electronically.  Documents produced prior to the effective date of the Information and Communication Technology (ICT) Accessibility Policy (July 24, 2019)  that are not in current use must be made accessible when used or upon request if the document sought is not accessible. Accessible electronic documents must meet the standards and guidelines outlined in the Guidance on Applying WCAG 2.0 to Non-Web Information and Communications Technologies, published by the W3C.

Media resources used in Fidelis Networks, LLC programs and activities must be accessible. This includes, but is not limited to, media that is instructional, informational, marketing, and promotional.  Video media resources must provide captioning that is accurate, synchronous, complete, and properly placed.  Audio resources must be transcribed and be accurate.

Electronic instructional materials (syllabi, textbooks, presentations, handouts, etc.) that are internally facing must be accessible upon request.  This includes electronic instructional materials delivered within the company’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.). Such material,  when made accessible upon request, must be as effective and usable for persons with disabilities as they are for persons without disabilities.  Accessible instructional materials must meet applicable standards and guidelines as outlined in these procedures.

Fidelis Networks, LLC produced, maintained or distributed electronic documents must be accessible upon request.  Electronic documents include, but are not limited to, word processing documents, PDFs, presentations, publications and spreadsheets which are scanned, uploaded, posted, or otherwise published or distributed electronically.  Electronic documents must meet the standards and guidelines outlined in the Guidance on Applying WCAG 2.0 to Non-Web Information and Communications Technologies, published by the W3C.

Media resources used in internal-facing programs and activities must be accessible upon request.  Video media resources must provide captioning that is accurate, synchronous, complete, and properly placed upon request.  Audio resources must be transcribed and be accurate upon request.

Software, hardware and systems purchased must be accessible and must produce accessible products.  Accessible, in this context, means compatible with assistive technology.   Examples of software, hardware and systems include, but are not limited to, learning and content management systems, library and email systems, and administrative management systems such as finance, registration and human resources, and all software, hardware and software services used for student services.  Software includes freeware, shareware, desktop, enterprise, subscription and remotely-hosted options.  The following standards are to be used to assess accessibility: US Access Board’s Guide 508 Standards – Software Applications and Operating Systems

When Fidelis Networks, LLC purchases  Information and Communication (ICT) software, hardware and services, such software, hardware and services must be accessible.  Purchase orders and contracts for ICT must include the following clause:

“Contractor agrees that no company funds may be expended for the purchase of information technology equipment and software for use by employees, program participants, or members of the public unless it provides equal and effective access to all individuals in accordance with federal and state laws and regulations, including, but not limited to the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, and Section 508 of the 1973 Rehabilitation Act. 

Fidelis Networks, LLC’s ICT Accessibility policy requires that all digital information and digital services developed, acquired, managed, or otherwise be accessible. An exception to the policy and/or the procedures may be considered. The goal of an exception is to document the process by which Fidelis Networks will ensure that the company provides effective access, with substantially equivalent ease of use, to digital information and digital services for eligible individuals in a timely manner. 

Exception requests must contain the following elements in order to be considered:

Requesting Party Contacts

Contact information for the below parties:

• The individual making the request
• The requesting unit
• The staff responsible for oversight and administration of the Equally Effective Access Accommodation Plan (EEAP)

Rationale

The requesting party must document how this request fits into one or more of the following categories:

• Compliance is not technically possible or feasible given current technology
• The digital information or digital service is used by a limited audience, when the audience is known, and whose needs can be accounted for in advance
• For third party, vendor delivered products, no accessible alternative for the digital information or digital service exists
• Making the Digital Information or Digital Service accessible would require extraordinary measures that constitute an undue burden to the University
• The industry standard is non-compliant
• The ICT that best meets the company’s needs is not the most accessible option, when other more accessible options have been considered

Note that for the purposes of determining if an undue burden exists, the company is considered to be a single entity, and thus a burden would be analyzed according to the impact to the organization as a whole and not to the party requesting the exception.

Equally Effective Access Accommodation Plan (EEAAP)

This plan should address how access barriers in the digital information or digital service will be mitigated, and any benefits or opportunities afforded by the digital information or digital service will be provided, in a timely manner for eligible individuals who are unable to effectively use or interact with the digital information or digital service. Depending on the nature of the digital information or digital service, examples of an EEAAP might include:

• Providing an alternative that effectively provides an equivalent result, e.g. an alternative software that performs the same or similar function
• Providing assistance to the eligible individual either in-person or over the phone
• Providing the digital information in a format that meets our accessibility standards

This plan should take into account the criticality and timeliness of the digital information or digital service and address a method to ensure that the eligible individual can access the accommodation without any adverse consequences resulting from the need for the accommodation. This means, for example, that any deadlines imposed by the digital information or digital service that are not met due to the use of an accommodation must be waved, and the requesting unit must have a plan to ensure this occurs.

Timeliness should be considered in light of the nature of the digital information or digital service. The accommodation plan should also address the timeline for delivering the accommodation, and the process by which any benefits or opportunities afforded by the digital information or digital service will be provided to the eligible individual.

Communication Plan

The requesting party must document a plan to ensure that eligible individuals are made aware of the availability of the EEAAP, and the steps they must take to request access, if applicable. These communications should be readily accessible in the same places that any other general communication regarding access to the digital information or digital service are present.

Compliance Plan

Requesting party should document their plan to bring the digital information into compliance with our accessibility standards. These plans might include:

• Contract language obligating the vendor of third party digital information or digital services to bring their software or content into compliance within a period of time
• For internally developed digital information or digital services, a timeline for making them accessible and compliant with our accessibility standards
• Detailed collaboration with the vendor to bring their digital information or digital service into compliance
• Advocacy for accessibility by contributing to open source products and services

The requesting party must, if the digital information or digital service is not internally developed, have a compliance plan if the third party fails to make their digital information or digital service accessible. Examples include:

• Contract termination
• Financial penalties
• Selection of an alternative product
• Development of accessible front end
• Replacement with internally developed alternative
• Contributing to an open source product or service’s accessibility features

Accessible Alternative Justification

The requesting party must document if their purchasing process evaluated other alternatives that were more accessible. If so, the requesting party must explain what business reasons necessitate the selection of the less accessible option. If more accessible alternatives were not evaluated, or did not exist, the unit must document their plan to ensure that a search for a more accessible alternative is conducted when the contract or exception expires.