3811 Accessible Information Technology Procedure

Policy Details 

Policy Name: Accessible Information Technology

Policy Number: 3811  

Applicable Code/Law: Americans with Disabilities Act Amendments Act (ADAAA) of 2008; Sections 504 and 508 of the Rehabilitation Act, as amended January 18, 2017; WA Core Services legislation, RCW 28B.10.912; WaTech USER-01-01-S Digital Accessibility Standard and Policy User-01; Washington State Law Against Discrimination, RCW 49.60; SBCTC Policy on Access for Students with Disabilities; SBCTC’s Accessible Technology Policy, approved March 2016   

Procedural Guidelines 

The purpose of these procedures is to provide the processes and responsibilities by which College administrators, faculty and staff will create, obtain and maintain all electronic and information technology (EIT) that ensures EIT is accessible to individuals with disabilities, including those who use assistive technology. 

Definitions 

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. Accessibility supports inclusion. 

Accessible information technology means information technology that has been designed, developed, or procured to be usable by, and therefore accessible to people with disabilities, including those who use assistive technologies.  

Archived please see “Legacy” below. 

Assistive technologies include adaptive, rehabilitative devices that promote greater independence for individuals with disabilities by changing how these individuals interact with technology. Examples include special input devices (e.g., head or foot mouse, puff-and-sip switches, speech recognition), screen-reading software, and screen magnifiers.  

Disability means the presence of a sensory, mental, or physical impairment that: 

1. Is medically cognizable or diagnosable; or 
2. Exists as a record or history; or 
3. Is perceived to exist whether or not it exists in fact. 

A disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated, or whether or not it limits the ability to work generally or work at a particular job or whether or not it limits any other activity within the scope of this chapter. WA RCW 49.60.040(7) 

Electronic and information technology (EIT) includes information technology and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, consumption, or duplication of data or information. The term “electronic and information 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, online meeting technology, 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, Automated Teller Machines (ATMs) transaction machines, computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources. 

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. 

Instructional Materials and Content denotes resources and tools used in educational lessons, including, but not limited to, textbooks, content in learning management systems, computer software, applications, DVDs, CD-ROMs, online publisher materials, handouts, worksheets, slide presentations, assessments, videos, PDFs, Word documents, linked web pages or any other means of conveying information to the student or otherwise contributing to the learning process through electronic means, whether fully copyrighted or an open resource.  

IT Accessibility Coordinator (ITAC) is a role required by WATech’s Digital Accessibility Policy User-01. Contact information for this role must be readily available as they are the key contact regarding the college’s IT Accessibility Plan and to support complaint resolution. Also available as a contact for individuals who encounter issues or need to request alternative formats. 

Learning Management System (LMS) refers to a software application used to deliver instructional content as well as track and report measurements of student success via grades, outcomes assessments and other documentation. 

Legacy or Archived websites, documents, or social media posts are College program and department items created before the Title II Update to the Americans with Disabilities Act (ADA) is enforced on April 26, 2027, AND meet the following:  

• Web content that meets all four of the following points would not need to meet WCAG 2.2, Level AA: 
  • The content was created before April 26, 2027, or reproduces paper documents or the contents of other physical media (audiotapes, film negatives, and CD-ROMs for example) that were created before April 26, 2027, AND 
  • The content is kept only for reference, research, or recordkeeping, AND 
  • The content is kept in a special area for archived content, AND 
  • The content has not been changed since it was archived.
• Old documents that meet both of the following points usually do not need to meet WCAG 2.2, Level AA, except in some situations:
  • The documents are word processing, presentation, PDF, or spreadsheet files; AND 
  • They were available on Shoreline’s website or mobile app before April 26, 2027. 
  • Social media posts made by Shoreline before April 26, 2027 do not need to meet WCAG 2.2, Level AA unless a specific request is made by an individual with a disability. 

Usability refers to how easily, effectively, and efficiently users can use a product or system to achieve their goals, and how satisfied they are with the experience.  

WCAG refers to the Web Content Accessibility Guidelines (WCAG) are part of a series of web accessibility guidelines published by the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C), the main international standards organization for the Internet. They are a set of guidelines that specify how to make content accessible, primarily for people with disabilities—but also for all user agents, including highly limited devices, such as mobile phones. WCAG 2.2 is the latest version and was released on October 5, 2023 and WATech Digital Accessibility Standard requires that we meet it as of July 1, 2026 with Federal enforcement date beginning April 26, 2027. The publication of WCAG 2.2 does not deprecate or supersede WCAG 2.0 or WCAG 2.1. These procedures will adhere to the latest guidelines as they are developed in the future. 

Web Accessibility 

1.1 Scope 

These procedures apply to all College web pages, intranet pages, program pages and embedded forms used to conduct College business and activities including web resources used in courses. 

1.2 Standards  

All web pages, websites and web-based software published, hosted or used by the College (including remotely hosted sites, software and applications) will meet the standards and guidelines outlined in the Web Content Accessibility Guidelines (WCAG) 2.2 Levels A & AA published by the W3C, or the current WCAG standard.  All pages will meet Level AA guidelines with limited exceptions outlined at Exhibit A. All College websites, unless technically impossible, will link to the College’s main accessibility page which includes a statement of commitment to web accessibility. There are many helpful resources available. The College’s accessible IT  intranet pages offer demonstrations, resources and contacts for assistance with making your use of technology accessible to others with disabilities. Contacts at Shoreline include: eLearning Services, Student Accessibility Services (SAS), Technology Support Services (TSS), and the Accessible Technology Workgroup, a subgroup of the Shoreline Accessibility Advisory Committee. 

1.3 Responsibility 

 All departments and programs: 

• Will comply with the web accessibility standards when creating web content, intranet content, forms, sites, and program pages.  

• Will ensure that online activities are hosted in accessible environments and that online content follows standards outlined by this policy and procedures. 

Communication and Marketing: 

• Will provide instruction and support for campus community members creating College websites and content so that individuals who author web content can be trained according to these standards. 

• Will ensure that any Content Management System, and other web production or web object creation software proposed and supported by the College, will be accessible and will produce accessible web pages. 

• Will conduct at least semi-annual scans of Shoreline websites and intranet to identify inaccessible content. They will follow up with the department or division owners to support their remediation efforts. If corrective action has not been taken by a given deadline content will be removed until corrected. 

 Library: 

• Will ensure that their websites meet accessibility standards. 

IT Accessibility Coordinator: 

• Will coordinate instruction and support for campus community members creating College websites, intranet and other content so that they will do so in accordance with WCAG 2.2 Guidelines AA Standards or higher. 

• Will compile and maintain data to track compliance with the policy and procedures and make recommendations for addressing barriers and problems. 

Instructional Materials Accessibility 

2.1 Scope 

These procedures apply to all electronic instructional materials (including but not limited to syllabi, textbooks, publisher materials, presentations, lecture and supplemental videos, interactive websites, applications, tools and handouts.)  This includes electronic instructional materials delivered within the College’s Learning Management System (LMS), in face-to-face classes, or in an alternate fashion and electronic instructional activities (such as online collaborative writing and web conferencing).  

2.2 Standards 

All instructional materials must meet all applicable standards and guidelines outlined in this policy.  

• All electronic instructional and training materials, optional and required, will be accessible and as effective and usable for persons with disabilities as for persons without disabilities. 

• Content included in the LMS, currently Canvas, is required to be accessible. Courses must demonstrate a high Ally score (at least 85%) and no accessibility issues appearing on the Canvas Accessibility report. These guidelines may adjust over time when new tools and processes are available. 

• Instructional materials and activities will be made available to all students at the same time. 

2.3 Responsibility 

 Faculty, Departments & Divisions: 

• Will ensure that instructional materials comply with all requirements outlined in these procedures. 

• Will ensure that classrooms use, and deliver, accessible electronic and information technology. 

• Faculty will create, select and present accessible courses and instructional materials. 

 eLearning Services: 

• Will provide instruction and support for campus community members creating and remediating online courses and any online instructional and training content. 

TSS and Services for Students with Disabilities (SAS): 

• Will use only accessible electronic and information technology in classrooms. 

• Will serve as a clearinghouse for information about assistive technology and modifications recommended for EIT. 

Library: 

• Will link to only accessible academic resources including, but not limited to, e-journals, databases, and e-books; 

• Will conduct quarterly accessibility scans to ascertain whether LibGuide content is accessible. The Library will notify content authors if corrections to pages are needed and of reasonable timelines for corrections to be made. The Library will note if corrective action has been taken during the next scan and, if not, content will be removed until corrected. 

 IT Accessibility Coordinator: 

• Will compile and maintain data to track compliance with the policy and procedures and make recommendations for addressing problems. 

Document Accessibility 

3.1 Scope 

These procedures apply to all College-produced, maintained, distributed or acquired electronic documents.  Electronic documents include, but are not limited to, text-based documents, PDFs, presentations, digital forms, publications and spreadsheets which are scanned, uploaded, posted, or otherwise published or distributed electronically.  Legacy and archived documents must be made accessible when used. 

3.2 Standards 

Electronic documents must be accessible.  Electronic interaction with college policies, procedures, notifications and other documents must be as effective and useable for persons with disabilities as it is for persons without disabilities. 

Electronic documents must meet the standards and guidelines outlined in the Web Content Accessibility Guidelines WCAG 2.2 or higher. 

3.3 Responsibility 

All College employees, departments and programs: 

• Will follow the accessibility requirements outlined in these procedures when creating and using electronic documents. 

• Will provide accessible document instruction and support for campus community members. 

• Will seek assistance if they need additional training or support. 

Library: 

• The library will implement procedures for ensuring that materials digitized or hosted by the library for research purposes are accessible to individuals with disabilities. 

IT Accessibility Coordinator: 

• Will compile and maintain data to track compliance with these procedures and make recommendations for addressing problems. 

• Will support campus offering training on document accessibility throughout the year and via multiple modalities. 

• Will work with TSS, SAS, Library, and eLearning Services to coordinate campus-wide PDF solutions. 

Electronic Media Accessibility 

All departments will purchase and produce only accessible multimedia and update existing inaccessible media as it is put into use. 

4.1 Scope 

All media resources used in college programs, websites, instructional materials, promotional materials, social media and activities must be accessible. 

4.2 Standards 

Video media resources will be closed-captioned and, as warranted, audio described. Audio resources will be transcribed. 

 4.3 Responsibility 

 All departments, programs, faculty and employees: 

• Will purchase only captioned versions of audiovisual media with audio description.  Will ensure that all other media that will be used on the web or for instruction is captioned and audio described when warranted. 

• Will purchase only transcribed audio and audio-described versions of audiovisual media whenever possible. 

• Will update any non-transcribed audio and any non-captioned/non-described video that is in current use. 

• Will use and assign only transcribed audio and closed-captioned media with audio-descriptions, that are made available in a timely manner to the class, whether optional or required. 

Communications & Marketing: 

• Will produce only new communications and promotional materials that are captioned, audio-described and/or transcribed for websites, intranet and social media. 

Library: 

• Will only purchase videos and other media with closed captioning and audio description. 

• Will assist faculty in identifying materials that are captioned and audio described, prior to purchase or use. 

• Will develop a prioritized list of media within its collection to be captioned and audio described. 

eLearning Services and TSS: 

• Will incorporate captioning and media accessibility information into training. 

• Will coordinate campus-wide captioning and transcribing solutions that: 

• Provide assistance with obtaining permission to caption and audio-describe, as needed. 

• Disseminate information to the College community about college protocols related to accessible electronic media including training on how to request captioning and audio description services. 

• Will ensure all classroom and presentation equipment is caption-compatible and the default on all TVs, etc. 

• Will maintain and continue to provide instructions on media accessibility (such as captioning and audio-describing media and transcribing audio) as well as how to show captioned media in classrooms. 

• Will incorporate information about accessibility into faculty training on AV equipment. 

IT Accessibility Coordinator: 

• Will compile and maintain data to track compliance with these procedures and make recommendations for addressing problems. 

Software, Hardware and Systems Accessibility 

5.1 Scope 

All software, hardware and systems used, and purchased, must be accessible and must produce accessible content, output and products.  Accessible, in this context, includes compatibility 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, applications, subscription and remotely hosted options.  Software that is accessed through a web-browser must also be accessible and is discussed under the Website Accessibility section of these procedures. 

5.2 Standards 

Shoreline Community College will use the following standards to determine accessibility: 

US Access Board’s About the ICT Accessibility 508 Standards and 255 Guidelines 

5.3 Responsibility 

All Departments and programs/College employees: 

• Will ensure that their software, hardware, local interfaces, modifications, and electronic systems are accessible. 

• Will ensure that all applications developed on campus (web, desktop, etc.) are accessible according to principles of WCAG 2.2, WAI-Aria 1.0, and ATAG 2.0 standards (extrapolated as needed for non-web environments). 

SAS and TSS 

• Will ensure that assistive technologies are immediately available to students working in campus labs or on publicly accessed campus computers. 

• Will ensure that all computers provided for student use will have assistive technologies available. This includes, but is not limited to, accessible computer stations, screen reading software, and screen magnification. 

• Will work toward having at least one computer workstation in each student computer lab set up with JAWS and NVDA, with the ultimate goal of having these resources available across campus. 

Human Resources 

• Will ensure that assistive technologies are available in a timely manner for campus employees, including student employees. 

IT Accessibility Coordinator: 

• Will compile and maintain data to track compliance with these procedures and make recommendations for addressing problems. 

Procurement 

6.1 Scope 

This process applies to all College purchases of Electronic and Information Technology (EIT) software, hardware and services. 

6.2 Standards 

Purchase orders and contracts for EIT must include our Shoreline Digital Accessibility Rider available in the Appendix of these Procedures. 

6.3 Responsibility 

All Departments and program, all College employees: 

• Must purchase, or otherwise acquire accessible EIT, in accordance with these procedures. This includes “freeware” and publisher materials that students are required to purchase and use.  

• Must request accessibility information, including a Voluntary Product Accessibility Template, WCAG version, and submit a copy to AccessibleIT@shoreline.edu for review prior to approval of purchase, or use of, EIT. 

Executive Director of TSS and Team 

• Review completed Purchase Requisition forms for technology, media, software and equipment to evaluate compliance with accessibility standards.  

• Work with IT Accessibility Coordinator in evaluating accessibility of requested technology. 

Vice President Business & Administrative Services 

• Will include Shoreline’s Accessibility Rider in all new and renewing contracts as noted above. 

IT Accessibility Coordinator: 

• Will serve as a resource for EIT purchases and other acquisitions and can review compliance with accessibility requirements. 

• Will maintain VPAT repository for college in compliance with WaTech USER-01-01-S Digital Accessibility Standard and Policy. 

• IT Accessibility Coordinator will review requests for exceptions, at request of and make recommendation(s) to, Executive Director of Technology Support Services. 

• Will compile and maintain data to track compliance with these procedures and make recommendations for addressing problems. 

6.4 Technical Infeasibility 

Conformance to standards may rarely be technically infeasible due to: 

• The nature of the content. 

• The purpose of the resource. 

• The lack of accessible solutions, which includes instances when proprietary instructional materials or industry-standard professional technical applications and/or equipment do not include accessible options. 
  • Examples may include industry specific software, lab or machine equipment with digital interfaces that are not accessible, etc. 

• Unreasonably high administrative or financial costs necessary to make the resource accessible. 

• An accessible solution fundamentally alters the nature of programs, courses, services or activities; or poses a direct threat to health or safety.   

Requestors should consult the IT Accessibility Coordinator for assistance in evaluating EIT purchases and other acquisitions for compliance with accessibility requirements.  

Requests for exemptions must be submitted to the IT Accessibility Coordinator for their review to make recommendation(s) to the Executive Team regarding exceptions to accessibility of requested technology. These exemptions will have a set expiration date and will be regularly reviewed to determine if accessible solutions are now available and feasible. 

Note: The difficulties noted in the above exceptions do not relieve College programs or services or the College from EIT legal obligations pertaining to accessibility. College managers requesting exemption(s) must provide an assessment of options to the Accessible IT Work Group as well as a plan to provide accessible solutions for technological content, programs and/or services in a suitable alternative format (e.g. electronic text file) upon request. 

It may be possible to implement a pilot agreement for technology with a vendor who is in the process of developing compliance with current standards. The Appendix offers sample language for an agreement. 

Complaint Procedure 

Anyone who has a complaint about the accessibility of a College technology may file a complaint with the IT Accessibility Coordinator (ITAC) using contact information from our Accessibility webpage or by emailing accessibleIT@shoreline.edu. 

The complaint should include the following information: 

• Date issue occurred 

• Name or type of technology 

• Location where it was encountered 

• Description of the barrier(s) experienced when trying to use the technology 

• Any other helpful or relevant information 

Process for Student Complaints 

• The ITAC, or designee, will respond to the complaint within 3 Business days. They may wish to meet with the Complainant to gather more information. 

• The ITAC, or designee, will investigate, and they are expected to respond in writing to the Complainant within 30 days with findings and possible resolutions. These timelines will be kept as short as possible to limit impact on their learning. 

• If the Complainant is dissatisfied with the response, they have 21 business days to file an appeal with the Director of Student Accessibility Services (SAS) after receiving notice of the ITAC’s, or designee’s, findings. Contact information will be included with the investigation’s findings. 

• The Director of SAS will respond in writing within twenty-one (21) business days. 

• If the Complainant is not satisfied with the College’s response, they may reach out to the External Complaint Resources listed below. 

Process for Employee Complaints 

• The ITAC, or designee, will respond to the complaint within 3 Business days. They may wish to meet with the Complainant to gather more information. 

• The ITAC, or designee, will investigate, and they are expected to respond in writing to the Complainant within 30 days with findings and possible resolutions. 

• If the Complainant is dissatisfied with the response, they have 21 business days to file an appeal with the Vice President of Human Resources (VPHR) after receiving notice of the ITAC’s, or designee’s, findings. Contact information will be included with the investigation’s findings. 

• The VPHR will respond in writing within twenty-one (21) business days. 

• If the Complainant is not satisfied with the College’s response, they may reach out to the External Complaint Resources listed below. 

External Complaint Resources 

Individuals have a right to file complaints alleging discrimination with state or federal agencies within the agencies’ prescribed time periods. State and federal agencies have their own processes for responding to and processing such complaints. Filing a complaint with a state or federal agency listed below may be done, in lieu of, or in addition to the College’s complaint process. 

 

U.S. Office for Civil Rights  

Department of Education  

2910 3rd Avenue, Mail Stop 106, Seattle, WA  

(206) 442-1636, OCR@ed.gov  

File A Complaint | U.S. Department of Education 

 

Washington State Human Rights Commission  

905 Riverside, Suite 416, Spokane, WA 99201  

(509) 456-4473  

Washington State Human Rights Commission 

 

Accessible Information Technology Coordinator (AITC) 

Accessible Information Technology Coordinator (AITC) 

• Appointed by the President or designee.  

• Leads the Accessible Information Technology (IT) Workgroup, which is a subgroup of the Accessibility Advisory Committee (AAC), a formal part of Shoreline shared governance. 

• Leads the creation and maintenance of Shoreline’s Accessibility Plan required by WATech User-01 Policy and Accessibility Standard. 

• Leads a regular audit of current Shoreline technology systems, handles grievances and leads accessibility improvement and training efforts.  

• Coordinates and documents annual accessibility training in compliance with WATech User-01 Policy and Accessibility Standard. 

 

The Accessible IT Workgroup 

This workgroup is comprised of representatives of the following key areas who are appointed by members of the Executive Team in consultation with the President:   

• Communications and Marketing  

• eLearning Services  

• Enrollment and Financial Aid Services 

• Executive Vice President for Student Learning and Success, or designee  

• Faculty 

• Business & Administrative Services 

• Human Resources 

• Library  

• Student Accessibility Services 

• Technology Support Services 

 

 The Accessible Information Technology Workgroup is responsible for the following:    

• Coordination of periodic audits regarding covered technologies currently used by the College.  

• Prioritization of work on updating and improving accessibility in covered technologies.  

• Supports the development of a long-term accessibility plan for the College.  

• Assists in developing and providing relevant and timely training for employees.   

 

Appendix 

SHORELINE COLLEGE–DIGITAL ACCESSIBILITY RIDER 

THIS DIGITAL ACCESSIBILITY RIDER BETWEEN CONTRACTOR AND SHORELINE COLLEGE (“COLLEGE”) (collectively the “PARTIES”) IS HEREBY INCORPORATED INTO THE AGREEMENT BETWEEN THE PARTIES, AND APPLIES TO THE CONTRACTOR’S WORKS, AS DEFINED HEREIN AND CONSISTENT WITH THE CONTRACTOR’S OBLIGATIONS UNDER THE AGREEMENT. 

 

DEFINITIONS: 

1. Agreement means and encompasses the entire written contract and all attachments thereto, including, but not limited to, the College’s General Terms and Conditions, additional terms and conditions, and any riders incorporated into the contract, as entered into by and between the Parties . 
2. Contractor means the supplier of goods and/or services under the Agreement. 
3. Contractor’s Works includes, but is not limited to, any web content, mobile application, or digital user interface provided as part of Contractor’s provision of goods and services under the Agreement. 
4. Minimum Digital Accessibility Standard shall refer to WCAG 2.2 Level AA, or subsequent standards as required by applicable law. 
5. WCAG shall mean the Web Content Accessibility Guidelines published and maintained by the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C). 

 

RECITALS - THE PARTIES ACKNOWLEDGE, AGREE, AND REPRESENT THAT: 

 

1. College is a public entity, and in accordance with, inter alia, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990 (“ADA”), the Amendments Act of 2008, and amendments and updates thereto, is obligated to make its services, programs, and activities accessible to individuals with disabilities specifically the Federal Department of Justice Final Rule on Web Accessibility under Title II, “Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities (2024).”  
2. Contractor agrees and understands that College expects the Contractor’s Works to provide substantially similar functionality, experience, ease of use, and information access to individuals with disabilities as it provides to individuals without disabilities, in conformance with the laws and regulations cited above, and Contractor represents that the Contractor’s Works meet or will meet College’s intents and expectations by the date of contract execution, and in no event later than April 26, 2027. 
3. College is relying on Contractor to implement the terms of the Agreement, and on Contractor’s representations of its compliance with the applicable accessibility standards of Contractor’s Works.  

THE PARTIES AGREE AS FOLLOWS: 

1. CONTRACTOR OBLIGATIONS:  Contractor shall exercise all due care, skill, and judgment commensurate with good professional practices, to ensure Contractor’s Works provide people with disabilities the same or substantially similar usability and accessibility available to people without disabilities. Contractor represents and warrants that all of Contractor’s Works provided to the College under the Agreement shall meet or exceed the Minimum Digital Accessibility Standard. 
   Contractor understands that failure to meet the Minimum Digital Accessibility Standard shall constitute a material breach under the Agreement. 
2. ACCESSIBILITY COMPLIANCE AND MONITORING:
   Documentation of Current Accessibility: With regard to Contractor’s Works existing at time of execution of the Agreement, Contractor shall provide College with accessibility testing results and/or other written documentation as assurance and verification of the state of accessibility required under this Accessibility Rider. The Parties agree that a current Accessibility Conformance Report (ACR) based on the most current version of the ITI Voluntary Product Accessibility Template (VPAT) (available at itic.org/policy/ accessibility/vpat) satisfy this requirement. An ACR created by an independent third-party accessibility consultancy is preferred. 
   Ongoing Compliance: If Contractor's Works are updated or modified during the life of the contract, Contractor attests that their works shall remain in compliance with the Minimum Digital Accessibility Standard. Any issues identified must be promptly addressed and resolved as specified under the Corrective Action and Other Remedies section.  
   Testing Records Retention: Contractor shall maintain detailed records of all accessibility audits and testing performed related to Contractor’s Works. Contractor shall make these records available to College upon request and at no additional charge.
   Right of Independent Assessment: College may, at its sole discretion, conduct an independent assessment of the accessibility of Contractor’s Works and if College determines that the Contractor’s Works do not meet the Minimum Digital Accessibility Standard, College may exercise its rights as stated in Section 3 of this document “Corrective Actions and Other Remedies”.  
3. CORRECTIVE ACTIONS AND OTHER REMEDIES: 
   Material Breach: Due to College’s legal obligations to make its services, programs, and activities accessible to individuals with disabilities, and as College is hereby relying on Contractor to provide Contractor’s Works that comply with said legal obligations, the Parties acknowledge and agree that if at any time during the performance of the Agreement, College determines any portion of Contractor’s Works are nonconformant with the Minimum Digital Accessibility Standard, such nonconformance shall constitute a material breach of the Agreement.  In any instance of material breach, the College may, at its sole discretion, terminate the Agreement. 
   Discretionary Opportunity to Cure: If at any time during the performance of the Agreement, College determines that any portions of Contractor’s Works are deemed nonconformant with the Minimum Digital Accessibility Standard, College may elect to provide Contractor notice and opportunity to cure such nonconformance. Under such circumstances, Contractor shall, at a minimum, do the following, as situationally appropriate and agreed to by the Parties:   
   1. Respond with written acknowledgement of notice within three (3) business days;
   2. Develop a plan to bring Contractor’s Works into compliance with the Minimum Digital Accessibility Standard, including a clearly defined timeline, and provide plan details to the College for review and approval within ten (10) business days; and
   3. Undertake any necessary corrective action within the approved timeline as defined in Contractor’s plan. Regardless of any opportunity for Contractor to cure, College retains its right to terminate the Agreement at any time in its entirety or in part for material breach.
4. INDEMNIFICATION: 

To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the College harmless from and against all claims, complaints, actions, costs, fines, and other liabilities arising from or connected to the accessibility of the Contractor’s Works that are the subject of the Agreement and this Digital Accessibility Rider.  

Approvals 

Reviewed and Approved Executive Team: 09-15-2026