Exceptions

Questions regarding the applicability of an exception to specific digital content at UVA should be directed to the ADA Digital Accessibility Coordinator, and the Office of University Counsel should be consulted in the decision whether an exception is applicable to any particular content. Even if an exception is determined to apply, the ADA still requires that the public entity provide individuals with disabilities with effective communication, reasonable modifications, and an equal opportunity in or benefit from its services, programs, and activities.  Therefore, where an individual makes a request for accessible content, the appropriate unit/School must provide reasonable accommodation to access the content.

Exception 1: Archived Web Content

This Exception applies to content that is not currently used, that may be outdated, and that is not currently accessed by the public.

Criteria for the Exception to Apply*

1. Content was created before the date of compliance [i.e., April 26, 2027] or it reproduces paper documents or contents of other physical media (e.g., audiotapes, film negatives, CD-ROMS) that were created before date of compliance; AND
2. Content is kept only for reference, research, or recordkeeping purposes; AND
3. Content is kept in a special area for archived content; AND
4. Content has not changed since it was archived.

* Exception only applies if all criteria are satisfied.

As indicated by this exception, any archived content that qualifies for this exception must be kept in a clearly-identified archived section of the web page and must not be altered or updated after it is posted.

Scenarios where the Archived Web Content exception could apply:

• Meeting minutes and video of a public meeting from 1998 that are stored in an “archive” section of a website, are not updated, and are not made accessible to the public.
  • Exception could apply as all four criteria above are met.
• Scanned handwritten notes or reports to the 1998 meeting and stored in archive section and are not made accessible to the public.
  • Exception could apply as all four criteria above are met.
• Course catalogs from past academic years used for reference purposes only, stored in a restricted-access archive folder on an intranet site, and accessible only to staff members. 
  • Exception could apply as long as the content remains unaltered and is not actively used in operations. Note however, if the catalog is updated for internal use (e.g., extracting content for a departmental report), it must be remediated to meet accessibility standards at that time.
• Scanned handwritten notes or reports to the 1998 meeting and stored in archive section and are not made accessible to the public.
  • Exception could apply as all four criteria above are met.
• Course catalogs from past academic years used for reference purposes only, stored in a restricted-access archive folder on an intranet site, and accessible only to staff members.
  • Exception could apply as long as the content remains unaltered and is not actively used in operations. Note however, if the catalog is updated for internal use (e.g., extracting content for a departmental report), it must be remediated to meet accessibility standards at that time.

Scenarios where the Archived Web Content exception cannot apply:

• Spreadsheet of monthly data located in archived section of website and regularly updated.
  • Exception cannot apply because the document has been altered after April 26, 2027
• Meeting minutes from September 2026 that are stored in an “archive” section of the website, are not updated, and are not made accessible to the public.
  • Exception cannot apply because the content was created after April 24, 2027.

Exception 2: Pre-Existing Conventional Electronic Documents

Criteria for the Exception to Apply*

1. The documents are considered preexisting conventional electronic documents (narrowly defined as portable document formats (PDFs), word processor file formats, presentation file formats, and spreadsheet file formats); AND 
2. They preexisted, meaning they were posted online before April 26, 2027, AND 
3. They are not currently used to access services, programs, or activities.

* Exception only applies if all criteria are satisfied.

Scenarios where Pre-Existing Conventional Electronic Documents exception could apply:

• A department posted a PDF flyer for a winter carnival on its website in 2017. 
  • Since the flyer predates the compliance date and is no longer actively used, it falls under the exception.
• Course syllabi from previous academic years, stored in PDF format and posted on a department’s website that is not accessible to the public and was created before April 26, 2027. 
  • This would qualify for the exception as long as it remains the case that it is not  being actively used for current courses or programs and are not accessible to the public.

Scenarios where Pre-Existing Conventional Electronic Documents exception would not apply:

• A university library hosts PDFs of research papers published by faculty before the compliance date. 
  • Although these documents were posted before the compliance rule, they would not qualify for the exception because they are still accessible and intended to be used as part of the library’s services.
• After the compliance date, a department updates a Microsoft Word document that was first posted on its website in 2020 to include new contact information.
  • Once updated, the document would not qualify for the exception anymore.
• A university posts a PDF application for campus housing in 2019. Students still use the same form to apply for housing after the compliance date.
  • The exception does not apply because the document is actively used to participate in a university service. 
• A presentation in Microsoft PowerPoint format, originally uploaded in 2018, is used in a mandatory orientation session for incoming students, faculty, staff, etc. after the compliance date. 
  • Because it is actively used in a program, the exception cannot apply.

Exception 3: Individualized and Secure Conventional Electronic Documents

Criteria for the Exception to Apply*  

1. The documents are conventional electronic documents (narrowly defined as portable document formats (PDFs), word processor file formats, presentation file formats, and spreadsheet file formats)), AND 
2. The documents are about a specific person, property, or account, AND 
3. The documents are password-protected or otherwise secured.
    

* Exception only applies if all criteria are satisfied.

Scenarios where Individualized and Secure Conventional Electronic Documents exception could apply:

• A PDF version of a student bill, available in the student’s secure account on UVA’s website.
  • The exception likely would apply, however, keep in mind that the exception is limited to the PDF itself.

Scenarios where Individualized and Secure Conventional Electronic Documents exception would not apply:

• A PDF announcing changes to campus-wide housing policies is posted on the secure housing portal. 
  • Although password-protected, the document is intended for all students, not individuals, so the exception does not apply.
• An instructor uploads lecture notes as HTML content on a password-protected course website. 
  • Since the content is in HTML and not one of the listed document formats, it could not qualify for the exception.
• A PDF detailing a tuition rate increase for all students is shared on the secure student portal. 
  • Because this document applies to a group and is not specific to an individual account, the exception cannot apply.

Exception 4: Content Posted by a Third Party

Criteria for the Exception to Apply*

• Content that is posted by third parties, on a state or local government’s website or mobile app.
• “Third parties” are members of the public or others who are not controlled by or acting for the public entity. They may not include third parties under contract with the public entity to post digital content.
• The public entity is not able to change the content third parties’ post.

* Exception only applies if all criteria are satisfied.

Scenarios where Third-Party Content exception could apply:

• A member of the public posts a message on a public entity’s online message board. 
• Non-UVA user accounts that comment or post on UVA content on a social media platform.
  • Since non-uva accounts are not controlled by UVA the content that they post can fall under the exception. Note that the UVA content itself may need to be accessible if posted after the compliance date.
• A public entity’s guest speaker creates an event page on a third-party social media platform to promote their upcoming lecture. 
  • As long as the content is not under the public entity’s control, the exception could apply.
  • The exception could apply even if a Contracted Independent Organization or other student group embeds the video on their webpage, because the University would not be able to control the content.
• A department shares links to videos from an external academic conference hosted by a different institution. 
  • Because these videos are produced and controlled by the other institution, the exception applies.

Scenarios where Third-Party Content exception would not apply:

• A department contracts with an external vendor to provide an online event registration system integrated into its website. 
  • Since the system is embedded on the public entity’s website, and the content was created under contract for the public entity, the exception cannot apply.
• A department hosts an online forum for students to discuss campus events. 
  • While the online platform itself must meet accessibility standards, the department is not responsible for the accessibility of posts created by students. However, if the platform lacks accessibility features, such as text-to-speech or keyboard navigation, then it must address these deficiencies.
• UVA embeds instructional videos from a contracted Learning Management System (LMS) vendor onto its website. 
  • Since the vendor was hired by UVA, the videos are considered part of UVA’s services and must meet accessibility standards, including captions transcripts.
• A UVA Career Services uploads to its website a video to explaining how to use a third-party career services tool. The third-party is not a University vendor. 
  • Even if the tool and video are created by an external company, UVA is responsible for ensuring the video complies with accessibility standards (including but not limited to captions, transcripts, audio descriptions, and color contrast) because it is presented as part of the university’s resources.
• A marketing agency produces promotional videos for a UVA department, which posts them to its website. 
  • Because the agency is under contract with UVA, and because the department posts the videos as part of its services, the exception cannot apply.

Exception 5: Pre-Existing Social Media Posts

Criteria for the Exception to Apply*  

Similar to the Archived Web Content, social media posts may fall under this exception if:

1. The post was created prior to April 26, 2027, AND 
2. The post is not reshared or reposted by the public entity.

* Exception only applies if all criteria are satisfied.

Scenarios where Pre-Existing Social Media Posts exception could apply:

• UVA posts to a social media platform in 2020 regarding COVID response. 
  • Because this post predates the compliance date, the exception would apply. Note that the exception would not apply if UVA shared or reposted the content, such as in a memory or “on this day” post.

Scenarios where Pre-Existing Social Media Posts exception would not apply:

• A UVA-affiliated social media account reshares a post that is inaccessible.
  • Because it is reposted, the exception cannot apply, and the content will need to be recreated to ensure accessibility.
  • Note that “UVA-affiliated account” includes UVA accounts as well as the accounts of other organizations that post content because of contractual, licensing or other arrangements with UVA (such as Virginia Sports Properties, and (depending upon the content and circumstances, potentially University Associated Organizations).

Other Important Considerations for Content

Use of Conforming Alternate Versions

• DOJ advises public entities to avoid maintaining a main web page that is inaccessible and a separate accessible version of the same content. Under the Final Rule, public entities may use conforming alternate versions of web content as an alternative to inaccessible content only in very limited circumstances when there is a technical or legal limitation that prevents inaccessible web content or mobile apps from being made accessible. This is only permitted when technical or legal constraints make it impossible to ensure accessibility. UVA’s ADA Digital Accessibility Coordinator must approve any alternate versions, with advice from the Office of University Counsel.