Purpose and Scope.

1. West Virginia University (“WVU” or “University”) is committed to providing accessible Digital Content for all students, employees, and members of the public.
2. This policy applies to all published Digital Content used at or by the University.

General Policy.

1. The University is committed to ensuring that its Digital Content is accessible in compliance with state and federal law. The University endeavors to use accessibility techniques and Universal Design principles to enable all individuals to have access to Digital Content.
2. All Digital Content that is required to use or access University services, programs, or activities must meet the Accessibility Standards unless that Digital Content falls within an exception outlined in Section 3 below.
3. Ensuring that Digital Content meets the Accessibility Standards is the responsibility of the Department, Unit, and/or Employee that uses, owns, or creates the Digital Content or makes the Digital Content available.
4. Coursework and instruction constitute a University program or activity. Therefore, all Digital Content that is required for coursework or instruction must meet the Accessibility Standards unless it otherwise falls within an exception outlined in Section 3 below.
5. Digital Content purchased or procured from a third party must meet the Accessibility Standards if it is required to use or access University services, programs, or activities unless it falls within an exception outlined in Section 3 below.
6. Nothing in this Policy is intended to limit Colleges, Departments, or Programs from establishing legitimate, fundamental, and bona-fide minimum technical standards, which may include requiring the use of specific Digital Content or technology.
7. A Department or Unit remediation plan establishing a pathway to compliance will be drafted for Digital Content that does not meet the Accessibility Standards.

Exceptions to Accessibility Standards.

1. Certain Digital Content may not be required to meet the Accessibility Standards in limited circumstances as provided herein.
2. If ensuring that the Digital Content meets the Accessibility Standards would be a Fundamental Alteration of the service, program, or activity, then an exception to the Accessibility Standards may be granted pursuant to this Section.
3. If ensuring that the Digital Content meets the Accessibility Standards would create an Undue Hardship on the University, then an exception to the Accessibility Standards may be granted pursuant to this Section.
4. If any Digital Content falls within any other exception to the Accessibility Standards outlined in federal or state law or regulations, then an exception to the Accessibility Standards may be granted pursuant to this Section. The exceptions to the Accessibility Standards found in federal law that are not otherwise outlined in this Policy can be found in more detail at Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments (https://www.ada.gov/resources/2024-03-08-web-rule/).
5. Requests for an exception to the Accessibility Standards must be submitted to the Director. The Director will evaluate whether the Digital Content meets the standard of an exception and make a written determination either granting or denying the exception.
6. Except in limited circumstances, Digital Content that is hosted online prior to April 24, 2026, and is not required to use or access University services, programs, or activities is not required to meet the Accessibility Standards.

Amendments.

1. WVU reserves the right, at its sole discretion, to amend, replace, and/or terminate this policy at any time.

Definitions.

1. “Accessibility Standards” means the digital accessibility standards outlined at Web Content Accessibility Guidelines (WCAG) 2.1 (https://www.w3.org/TR/WCAG21/). The minimum Accessibility Standards at the University are WCAG 2.1AA.
2. “Digital Content” includes (but is not limited to) websites, web-based applications, learning applications, electronic textbooks, videos, and conventional electronic documents used, maintained, or implemented by WVU to conduct its academic and business activities. This includes content created by members of the WVU community (e.g., faculty, staff, designers, developers, communicators), as well as content acquired from outside the institution.
3. “Director” means the WVU Director of Digital Accessibility or their designee.
4. “Employee” means all University employees regardless of position.
5. “Fundamental Alteration” means anything that would change the essential and foundational nature of the service, program, or activity.
6. “President” means the President of West Virginia University or their designee.
7. “Provost” means the Provost of the University or their designee.
8. “Undue Hardship” means any alteration or accommodation that would cause significant difficulty or expense to the University.

Delegation.

1. The Board of Governors delegates to the President the authority to adopt additional internal policies and procedures to effectuate the implementation of the Board of Governors Rules or in furtherance of any other authority that the Board of Governors has specifically delegated to the President. The President delegates certain authority to the Provost and Director to adopt, interpret, and enforce internal policies and procedures to implement the Board of Governors Rules and in furtherance of any other authority that the Board of Governors has specifically delegated to the President.

Authority & References.

1. WVU BOG Governance R 1.11 Information Technology Resources and Governance; WVU BOG Academics Rule 2.1 Administration and Practices;
2. Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; The Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq.

Supersedes.

1. This Policy supersedes all other policies, procedures or guidelines at the University to the extent those documents are inconsistent with and fall under the scope of this Policy.