Personal Care Attendant Policies

Muhlenberg College is committed to ensuring that all qualified students with disabilities are provided reasonable accommodations, auxiliary aids, and services to ensure access and nondiscrimination to programs, services, and activities. Muhlenberg College makes every reasonable effort to accommodate individuals with disabilities as addressed by the Americans with Disabilities Act (ADA Amendments Act 2008) and the Rehabilitation Act of 1973.

Muhlenberg College does permit students with disabilities who have a documented need for assistance with activities of daily living and/or nursing care within a residential setting, to retain the services of a Personal Care Attendant (PCA). A PCA is defined as a person who provides personal care/assistance (chronic or temporary) to a student with a disability or other health care needs with activities of daily living including nursing services not administered through the College Health Services or assistance with normal life functions. PCA services may facilitate higher levels of independent access and participation in College's programs, services, and activities. Muhlenberg College does not provide or assume coordination or financial responsibilities for PCAs.

The services of a PCA can have an important role in an individual’s quality of life. Students who require PCA services must make arrangements to provide for their own PCA and must follow the policies, procedures and guidelines as listed below.

Recommendations When Hiring Personal Care Attendants:

It is the student’s sole responsibility to make the appropriate arrangements to contract services with a licensed agency to provide the services of a PCA or with a licensed, private PCA to provide these services. Any residential student who wishes to request these accommodations must:

1. Develop a clear job description and list of responsibilities for assistance with daily living activities.
2. Hire a licensed medical/nursing agency that will provide the services of an impartial PCA who is not a family member or close friend. In this case, Muhlenberg College will request:
   a. Evidence of agency certifications and insurance bonding
   b. Evidence of PCA background check clearances
   c. Evidence of PCA medical/immunization clearances

OR

Hire a non-agency, privately employed PCA. In this case, Muhlenberg College will request:

a. Evidence of PCA certifications and insurance bonding
b. Evidence of PCA background check clearances
c. Evidence of PCA medical/immunization clearances

Any non-residential student who requires the use of a PCA while on campus must comply with all the non-residential components of the process listed.

Student Responsibilities:

1. Complete the Special Housing Request Application and submit appropriate documentation to the Office of Disability Services that supports the medical necessity of a PCA.
2. Secure an agency-affiliated, or private, certified PCA prior to attending any college-related activity (i.e. placement testing, enrollment, class attendance). Muhlenberg College will not be responsible for providing a PCA on an interim basis.
3. Provide documentation that the PCA is qualified to perform the services.
4. Ensure that the agency representative and each individual PCA, or private, certified PCA registers with the Office of Disability Services (ODS), Campus Safety, and Health Services (central effort coordinated by Muhlenberg College). Student will provide a copy of the contract between the student and the agency/PCA.
5. Ensure that PCA personnel changes are registered with ODS, Campus Safety, and Health Services, as required.
6. Direct the activities of the PCA while at Muhlenberg College. The student is solely responsible for ensuring the PCA is fulfilling their responsibilities for the student’s care whether daily or periodically. Muhlenberg College will not assume responsibility for the PCA or their failure to fulfill the contracted responsibilities.
7. Develop an alternative plan of action should the regularly assigned PCA not be available to work.
8. Follow all Muhlenberg College policies and abide by the Student Handbook.
9. Pay for all PCA services, including but not limited to housing and meal plans if living on campus.
10. Same gender PCAs are encouraged but not required when assisting students with bathing or toileting in a residence hall or in shared or public area restrooms.

PCA Responsibilities:

1. Follow all applicable Muhlenberg College policies, rules, regulations, and procedures. A PCA found in violation of College policies will be removed from campus immediately regardless of the contractual arrangement the PCA has with the student.
2. Assist the student before and after class but wait outside the classroom (unless deemed appropriate
   by documentation and approved by ODS).
3. Allow the student to take responsibility for their own progress or behavior.
4. Refrain from contact with or asking questions of faculty, staff, or others on behalf of the student.
5. Refrain from intervening in conversations between the student and faculty, staff or other students.
6. Refrain from discussing any confidential information about the student with faculty, staff, or students.
7. The PCA should not be involved with the student’s work related to any class assignments or tests.
8. PCAs will only be able to access the student’s residence hall while classes are in session or if the student has properly secured permission to be on campus during break sessions.
9. PCAs will not be given campus parking privileges.
10. PCAs should check in at Campus Safety 15 minutes prior to the start of the shift. The PCA should should present a picture ID and sign in. The PCA ID should be worn and visible while on campus. Campus Safety will also provide the PCA with a campus visitor pass. At the end of the shift, the PCA will sign out and return the pass to Campus Safety.

Non-compliance to Policy:

Incidents of non-compliance in adhering to the policies set forth by Muhlenberg College either by the student or their PCA will be subject to review as follows:

• Informal Review – As appropriate, the Directors of Residential Services, Office of Disability Services, Student Health Services, Campus Safety and/or other appropriate Departments will meet with the student to discuss the issue of non-compliance and work with the student to determine possible solutions. A written report of the resolution will be given to the student within two working days of completion of the informal investigation.
• Formal Review – As appropriate, the Directors of Residential Services, Office of Disability Services, Student Health Services, Campus Safety and/or other appropriate Departments will convene a formal review of the concern. The formal review may also include other college representatives such as the Dean of Students, or the Dean of the College for Academic Life. Sanctions may be determined if the student is found responsible for the matter under review. These could include, for example, the PCA no longer being permitted on College property, a probationary period to correct the matter under review, or the removal of the student from College housing. A written report of the resolution will be given to the student within two working days of completion of the formal investigation.
• Appeals – A student may appeal a decision made from the Formal Review by following the guidelines under violations of the Social Code.