Settlement Agreement Between the United States of America, Louisiana Tech University, and the Board of Supervisors for the University of Louisiana System Under the Americans with Disabilities Act

ACTIONS TO BE TAKEN BY THE UNIVERSITY

Adoption and Dissemination of Policies

1. Within one hundred twenty (120) days of the effective date of this Agreement, the University shall revise its existing Policies 1433 and 2220 in line with the following, and/or adopt and implement policies that:

   1. Ensure 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 the University, or be subjected to discrimination by the University. Such policy shall specifically reference the requirement of deploying accessible technology and course content in the University setting, as more specifically outlined in Exhibit 1 to this Agreement (which is incorporated fully herein and made part of this Agreement).

   2. Ensure that the University’s Office of Disability Services acts, in accordance with its stated role, “as a liaison between students and faculty.” Namely, the policy shall ensure that the Office of Disability Services takes an active role in working with all persons involved in providing class instruction to students (and others within the University) to promptly and effectively resolve students’ disability-related concerns.

   3. Ensure that the University’s Office of Disability Services serves as the main point of contact on issues related to ADA compliance for all persons involved in providing class instruction at the University. If a student makes a disability-related complaint to a person involved in providing class instruction, that person must notify the Office of Disability Services immediately so that the Office of Disability Services can ensure appropriate resolution of the complaint and, where appropriate, be involved in facilitating such resolution.

   4. Ensure that University-recognized modifications for students (those granted to individual students through “Accommodations Letters”) are implemented with the supervision of the University’s Office of Disability Services. This shall occur, for example, through contact (prior to midterm and final exam periods) by the Office of Disability Services to instructors of students with disabilities whose Accommodations Letters allow them to receive alternative examination formats or locations, in order to confirm that instructors have made arrangements for appropriate administration of exams. The University will continue to enhance training of persons involved in providing class instruction regarding adherence to the accommodations identified in Accommodations Letters in cases where students choose to provide such letters to instructors. The decision to request accommodations from an instructor shall remain the decision of individual students.

   5. Ensure that the University’s Office of Disability Services timely responds to reasonable requests for assistance by students with disabilities that may not be anticipated (and therefore perhaps not enumerated) in University-prepared “Accommodations Letters.”

   6. Ensure that, consistent with the requirements of the ADA, opportunities afforded generally to University students are equally afforded to students with disabilities. For instance, when the University allows students in a course to take exams outside of the operating hours of University administrative offices, the University shall ensure that students with disabilities are afforded that same opportunity.

   7. Ensure that the University’s “Grievance Policy” on disability-related issues, as currently stated in the University’s Policy 1433 (“Americans with Disabilities Policy”) is triggered any time the Office of Disability Services has not fully resolved a student’s complaint, as was the case in the facts giving rise to the complaint to the Department in this matter. In such an instance, the Office of Disability Services shall self-report to the “appropriate university official” (as already identified in Policy 1433), within two (2) business days of the failure to resolve the student’s complaint. The appropriate university official shall then take the steps currently required by Policy 1433 to resolve the matter. No written complaint by the affected student to either the University’s Office of Disability Services or the “appropriate university official” shall be required in such instance.

   8. Ensure that the University’s Policy 1433 (“Americans with Disabilities Policy”) is revised to include the correct contact information for filing complaints with the Department (via mail, email, and via telephone/TTY), as reflected at http://www.ada.gov/fact_on_complaint.htm.

2. The policies revised or adopted pursuant to the immediately prior paragraph shall be implemented within one hundred twenty (120) days of the effective date of this Agreement. Such policies shall be made part of the University’s “Manual of Policies and Procedures,” and included in the print version of the “Manual of Policies and Procedures” (starting with the next printing of the “Manual of Policies and Procedures”). Within one hundred twenty-five (125) days of the effective date of this Agreement, the University shall post the new policies in its online “Manual of Policies and Procedures” at http://www.latech.edu/administration/policies-and-procedures/.

3. Within one hundred twenty (120) days of the effective date of this Agreement, the University shall disseminate the policies referenced in Paragraph 13 to all individuals who provide any course-related instruction to University students and all University administrators, including, but not limited to, all persons identified in the “Organizational Chart for Louisiana Tech University,” (currently posted at http://www.latech.edu/administration/policies-and-procedures/1107.shtml). Such dissemination shall occur via electronic mail to each covered individual.

Training

1. Within one hundred twenty (120) days following the effective date of this Agreement, the University will develop a training program (“ADA Training”) that shall be implemented during the fall 2013 quarter and every year thereafter for the term of this Agreement. The University shall provide ADA Training to 1) all individuals who provide any course-related instruction to University students (including, but not limited to, professors, instructors, other faculty, and teaching assistants) (collectively, “Instructors”), and 2) all University administrators, including, but not limited to, all persons identified in the “Organizational Chart for Louisiana Tech University,” (currently posted at http://www.latech.edu/administration/policies-and-procedures/1107.shtml) (collectively, “Administrators”). The ADA Training shall address the requirements of title II of the ADA; the existence of this Agreement and a description of where training participants may access a copy of this Agreement; the University’s resources for students and Instructors on disability-related matters (including, but not limited to, the functions of the University’s Office of Disability Services and the functions and identity of the University’s ADA Coordinator, who, among other things, is the University’s designee for coordinating the University’s response to disability-related grievances and who convenes the University’s ADA Advisory Council at least annually); Instructors’ obligations to provide all accommodations recognized by the University via “Accommodations Letters” given to students registered with the University’s Office of Disability Services; title II “best practices” to ensure the University’s compliance with the ADA; and reporting obligations under Paragraph 21(d) of this Agreement.

2. For persons who must receive ADA Training pursuant to this Agreement, but who did not receive training on a designated training date required under this Agreement (for instance, because they were on leave from the University, because they began their affiliation with the University subsequent to the training date, or because they assumed a position within the University subjecting them to coverage under this paragraph subsequent to the training date), the University shall provide the ADA Training to such persons within sixty (60) days after the individual’s commencement of service to the University in a position covered by this paragraph or within sixty (60) days of their return to the University (for instance, from leave).

3. The University shall send via electronic mail to the Department the proposed curriculum for the training, as well as the name(s), qualifications (including resume(s)), and contact information of the individual(s) who will conduct the training, no later than ninety (90) days after the effective date of this Agreement. The University shall adopt any changes to the curriculum made by the Department. The University shall maintain attendance logs reflecting the names and titles of attendees for each session of the ADA Instructor/Administrator Training conducted under this Agreement.

4. During all orientation sessions offered during the term of this Agreement to incoming students (including freshmen and transfer students), the University shall include a mandatory presentation by a member of the University’s Office of Disability Services, either as a stand-alone module or as part of other mandatory orientation on the resources available to students (“ADA Student Training”). The ADA Student Training shall include, but not be limited to, the functions of the University’s ADA Coordinator and the University’s Office of Disability Services (including the process for obtaining a University-issued “Accommodations Letter”). During the ADA Student Training, the University shall distribute written information on the functions of the University’s ADA Coordinator and the University’s Office of Disability Services (including the process for obtaining an initial or a renewal University-issued “Accommodations Letter”). The University shall send via electronic mail to the Department the proposed curriculum for the training no later than thirty (30) days prior to the first ADA Student Training required under this Agreement. The University shall adopt any changes to the curriculum made by the Department. Should there be a disagreement on inclusion of any changes made by the Department, the University is entitled to provide its rationale or reasons for any objection thereto, which shall be fully considered by the Department.

Reporting

1. Initial Report. Ninety (90) days following the commencement of the fall 2013 quarter, the University’s ADA Coordinator shall submit a report to the Department confirming its implementation of the policies referenced in Paragraph 13 and its fulfillment to that date of the requirements of Paragraphs 14, 15, 16, 17, and 19. The University shall provide the Department with the attendance logs associated with its ADA Training.

2. Subsequent Reports. Every year on the anniversary of the due date of the first report, the University’s ADA Coordinator shall submit a report to the Department regarding its compliance with this Settlement Agreement. The report shall include, for the period subsequent to its immediately prior report to the Department, the following:

   1. The dates of the University’s ADA Training;

   2. All attendance logs associated with ADA Training;

   3. The dates of the University’s ADA Student Training;

   4. Notification to the Department of all complaints, formal or informal, received by the University since the immediately prior report under this Agreement (including complaints made directly to the Office of Disability Services or to any individual who provides course-related instruction to University students) about technology-related accessibility issues for people with disabilities in any University course. Such notification shall include the name of the University course; the professor(s) or instructor(s) teaching it; and a detailed description of the status or resolution of the matter.

3. All reports required pursuant to this Agreement shall be delivered to the undersigned counsel via electronic mail at anne.langford@usdoj.gov.