Definitions and Background. 1. This matter is based upon an investigation and compliance review of physical accessibility for individuals with disabilities to the services, programs, and activities of ▇▇▇▇▇▇▇ State University ("the University" or "McNeese") under title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-12134, and the Department of Justice´s implementing regulation, 28 C.F.R. Part 35. McNeese is a public university in Louisiana. McNeese is part of the University of Louisiana System ("UL System") and is governed by the Board of Supervisors (the "Board") for the UL System pursuant to Louisiana constitutional and statutory authority. 2. Under title II of the ADA, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in, or be denied the benefits of, the services, programs, or activities of a public entity, including a public university, or be subjected to discrimination by any such entity. 42 U.S.C. § 12132; 28 C.F.R. 35.130. Title II also requires that, among other things, a public university, like McNeese must: (a) ensure that each facility (or part of a facility) constructed by, on behalf of, or for the use of the University — where the construction commenced after January 26, 1992 — be designed and constructed in such a manner that the facility (or part of the facility) is readily accessible to and usable by individuals with disabilities. 28 C.F.R. § 35.151; (b) ensure that for alterations commenced after January 26, 1992, each facility or part of a facility altered by, on behalf of, or for the use of the University in a manner that affects or could affect the usability of the facility or part of the facility, shall, to the maximum extent feasible, be altered in such a manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities. 28 C.F.R. § 35.151; (c) with respect to existing facilities, operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. 28 C.F.R. § 35.150. 3. The United States contends that its investigation and compliance review of the University identified barriers to access on the University´s campus, i.e., deviations from the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("ADA Standards"), that, in the absence of alternative measures to achieve program access, rendered many of the University´s services, programs, and activities not accessible to and usable by individuals with disabilities. See 42 U.S.C. § 12132; 28 C.F.R. §§ 35.133; 35.149; 35.150; and 35.151. 4. In November 2008, the Department conducted an initial site visit at McNeese. Examples of barriers to access found at McNeese, that in the absence of alternative measures to achieve program access, render programs not readily accessible to and usable by individuals with disabilities include, but are not limited to, failures to provide the following: (a) Accessible parking (where parking facilities are otherwise provided by the University). Standards §§ 4.1.2(5), 4.6; (b) Accessible approaches from adjacent parking areas, walkways, and public transportation drop-off points to the extent that it is within the University´s control and not in the public right- of-way. Standards §§ 4.1.2(1) and (2), 4.3; (c) An accessible entrance to the building and into those rooms or spaces open to the public where such programs, services, or activities are provided. Standards §§ 4.1.2(1) and (2), 4.1.3(1) and (7), 4.3; (d) Accessible routes between facilities. Standards §§ 4.1.2(1) - (4), 4.3; (e) Accessible amenities (e.g., a water fountain - if a water fountain is provided- on an accessible level, complying with Standards § 4.1.3(10), or an accessible public telephone - if a public telephone is offered - on an accessible level); (f) Accessible men´s and women´s toilet rooms consistent with § 4.1.3(11), including a standard stall consistent with Standards §§ 4.22 or 4.23, or one unisex accessible toilet room consistent with Standards § 4.17 on an accessible level; (g) Signage (identifying permanent rooms and spaces) with raised and Braille characters, as well as directional signage, as required by the Standards. Standards §§ 4.1.2(7), 4.1.3(16), 4.30; (h) One accessible means of vertical access (an accessible elevator, ramp or lift) if any program, service, or activity offered is located above or below the accessible entry level. Standards §§ 4.1.3, 4.3, and 4.10; (i) Accessible seating in classrooms or auditoriums or other spaces that meets the appropriate ADA Standards. Standards §§ 4.1.3(19), 4.32, 4.33; and, (j) Accessible routes from the accessible entrance to each accessible program, service or activity. Standards §§ 4.1.3(1), 4.3. 5. On March 19, 2009, the United States provided reports to the University that document representative barriers to access (including those listed in paragraph 4 above) and other problems that, in the absence of alternative measures to achieve program access, limit access to various programs and facilities on the University campus. 6. The parties to this Settlement Agreement ("Agreement") are the United States, ▇▇▇▇▇▇▇ State University and the Board of Supervisors. The parties hereby agree to resolve this matter as set forth below:
Appears in 1 contract
Sources: Settlement Agreement
Definitions and Background. 1. This matter is based upon an investigation and compliance review of physical accessibility for individuals with disabilities to the services, programs, and activities of ▇▇▇▇▇▇▇ State University ("the University" or "McNeese") under title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-12134, and the Department of Justice´s implementing regulation, 28 C.F.R. Part 35. McNeese is a public university in Louisiana. McNeese is part of the University of Louisiana System ("UL System") and is governed by the Board of Supervisors (the "Board") for the UL System pursuant to Louisiana constitutional and statutory authority.
2. Under title II of the ADA, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in, or be denied the benefits of, the services, programs, or activities of a public entity, including a public university, or be subjected to discrimination by any such entity. 42 U.S.C. § 12132; 28 C.F.R. 35.130. Title II also requires that, among other things, a public university, like McNeese must:
(a) ensure that each facility (or part of a facility) constructed by, on behalf of, or for the use of the University — where the construction commenced after January 26, 1992 — be designed and constructed in such a manner that the facility (or part of the facility) is readily accessible to and usable by individuals with disabilities. 28 C.F.R. § 35.151;
(b) ensure that for alterations commenced after January 26, 1992, each facility or part of a facility altered by, on behalf of, or for the use of the University in a manner that affects or could affect the usability of the facility or part of the facility, shall, to the maximum extent feasible, be altered in such a manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities. 28 C.F.R. § 35.151;
(c) with respect to existing facilities, operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. 28 C.F.R. § 35.150.
3. The United States contends that its investigation and compliance review of the University identified barriers to access on the University´s campus, i.e., deviations from the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("ADA Standards"), that, in the absence of alternative measures to achieve program access, rendered many of the University´s services, programs, and activities not accessible to and usable by individuals with disabilities. See 42 U.S.C. § 12132; 28 C.F.R. §§ 35.133; 35.149; 35.150; and 35.151.
4. In November 2008, the Department conducted an initial site visit at McNeese. Examples of barriers to access found at McNeese, that in the absence of alternative measures to achieve program access, render programs not readily accessible to and usable by individuals with disabilities include, but are not limited to, failures to provide the following:
(a) Accessible parking (where parking facilities are otherwise provided by the University). Standards §§ 4.1.2(5), 4.6;
(b) Accessible approaches from adjacent parking areas, walkways, and public transportation drop-off points to the extent that it is within the University´s control and not in the public right- right-of-way. Standards §§ 4.1.2(1) and (2), 4.3;
(c) An accessible entrance to the building and into those rooms or spaces open to the public where such programs, services, or activities are provided. Standards §§ 4.1.2(1) and (2), 4.1.3(1) and (7), 4.3;
(d) Accessible routes between facilities. Standards §§ 4.1.2(1) - (4), 4.3;
(e) Accessible amenities (e.g., a water fountain - if a water fountain is provided- on an accessible level, complying with Standards § 4.1.3(10), or an accessible public telephone - if a public telephone is offered - on an accessible level);
(f) Accessible men´s and women´s toilet rooms consistent with § 4.1.3(11), including a standard stall consistent with Standards §§ 4.22 or 4.23, or one unisex accessible toilet room consistent with Standards § 4.17 on an accessible level;
(g) Signage (identifying permanent rooms and spaces) with raised and Braille characters, as well as directional signage, as required by the Standards. Standards §§ 4.1.2(7), 4.1.3(16), 4.30;
(h) One accessible means of vertical access (an accessible elevator, ramp or lift) if any program, service, or activity offered is located above or below the accessible entry level. Standards §§ 4.1.3, 4.3, and 4.10;
(i) Accessible seating in classrooms or auditoriums or other spaces that meets the appropriate ADA Standards. Standards §§ 4.1.3(19), 4.32, 4.33; and,
(j) Accessible routes from the accessible entrance to each accessible program, service or activity. Standards §§ 4.1.3(1), 4.3.
5. On March 19, 2009, the United States provided reports to the University that document representative barriers to access (including those listed in paragraph 4 above) and other problems that, in the absence of alternative measures to achieve program access, limit access to various programs and facilities on the University campus.
6. The parties to this Settlement Agreement ("Agreement") are the United States, ▇▇▇▇▇▇▇ State University and the Board of Supervisors. The parties hereby agree to resolve this matter as set forth below:
Appears in 1 contract
Sources: Settlement Agreement