Disruptive Behavior

I. PURPOSE

To provide a uniform policy of dealing with Sun Van passengers who engage in violent, seriously disruptive, or illegal conduct while traveling on Sun Van.

II. POLICY

When riding Sun Van, customer conduct will not be accepted nor allowed that is violent, seriously disruptive, or illegal.

Sun Van may refuse service to an individual with a disability who engages in violent, seriously disruptive, or illegal conduct, using the same standards for exclusion that would apply to any other person who acted in such an inappropriate way.

Sun Van will not refuse to provide service to an individual with disabilities solely because the individual's disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience employees of the entity or other persons.1

Pursuant to all incidents involving violent, seriously disruptive, or illegal conduct, the Sun Van vehicle operator will complete an incident report detailing the situation and forward it to his or her assigned Operations Supervisor upon returning to the office.

If a Sun Van customer engages in violent, seriously disruptive, or illegal conduct, the offending customer will:

1) Immediately be asked by the Sun Van vehicle operator to stop or correct the disruptive behavior. If the customer continues to engage in a violent, seriously disruptive, or illegal behavior, police assistance will be sought as necessary; and

2) Be issued a letter detailing the incident. The letter will also outline the subsequent “refusal to provide service” to the offending passenger and will include the reason for such determination. A copy of the letter will also be sent to the offender’s guardian, and/or the offender’s service provider.

All customers who are issued a “refusal to provide service” letter will have the right to appeal the suspension, as described below:

1 49 CFR, Part 37.5 “It is not discriminatory under this part for an entity to refuse to provide service to an individual with disabilities because that individual engages in violent, seriously disruptive, or illegal conduct. However, an entity shall not refuse to provide service to an individual with disabilities solely because the individual’s disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience employees of the entity or other persons.”

Last Revised 10/19/11

The individual will have sixty (60) calendar days from the date of the notification letter to file an appeal with the ADA Appeals Coordinator. The information concerning the appeals process will be included in the correspondence sent to the offending customer, caregiver, guardian or advocate. Sun Van will provide transportation to the appealing party to and from the hearing free of charge.

If during the ADA appeals process it has been determined that Sun Van has legitimately refused service to someone who has engaged in violent, seriously disruptive, or illegal conduct, either the ADA Appeals Coordinator or the ADA Appeals Board may choose to provide conditional service to him or her on actions that would mitigate the problem. For example, the ADA Appeals Coordinator or the ADA Appeals Board could choose to require an attendant as a condition of providing service it otherwise had the right to refuse.2

Examples of the violent, seriously disruptive, or illegal conduct resulting in “refusal to provide service” include but are not limited to the following:

  • Disrupting the driver while he/she is driving the vehicle.
  • Engaging in any conduct or activity that represents a danger to himself/herself, to other passengers or to the driver.
  • Making physical or verbal threats to the driver or to other passengers.
  • Damaging or destroying vehicle equipment or any employee’s or passenger’s property.
  • Getting out of the seat while the vehicle is in motion or while the trip is underway.
  • Refusing to wear a seat belt.
  • Smoking, consuming alcoholic beverages or any illegal substance while on board the Sun Van vehicle.
  • Disrupting other passengers.
  • Disrobing.
  • Swearing, name calling and/or abusive language.
  • Personal Hygiene condition, resulting in a public health hazard.

III. RESPONSIBILITY FOR REVIEW

The suspension procedures remain subject for periodic review and update.

2 49 CFR, Part 37.5 (App.D) “If an entity may legitimately refuse service to someone, it may condition service to him on actions that would mitigate the problem. The entity could require an attendant as a condition of providing service it otherwise had the right to refuse.”

Last Revised 10/19/11