SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND SOUTH CAROLINA DEPARTMENT OF CORRECTIONS UNDER THE AMERICANS WITH DISABILITIES ACT

IV. DEFINITIONS

6. "Auxillary Aids and Services" shall have the meaning set forth in 28 C.F.R. § 35.104 and, accordingly, include qualified interpreters on-site or through video remote interpreting ("VRI") services; note takers; computer-aided real-time transcription services ("CART"); written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones ("TTY"), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf, hard of hearing, or who have a speech disability.

7. "Disability" will be defined as it is in the ADA, 42 U.S.C. § 12102(1). See also 28 C.F.R. § 35.108. In particular, individuals have "hearing disabilities" if they have a physical impairment that substantially limits their hearing, without regard to mitigating measures such as hearing aids or cochlear implants.

8. "Effective communication" means communication with persons who are deaf or hard of hearing that is as effective as communication with others. Effective communication is achieved by furnishing appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities an equal opportunity to participate in or benefit from the services, programs, or activities of a public entity.

9. "Qualified interpreter" means an interpreter who, via a video remote interpreting ("VRI") service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary, given the deaf or hard of hearing individual's language, skills, and education. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators. See 28 C.F.R. § 35.104 and Pt. 35, App. A ("Qualified Interpreter").

10. "Personnel" means all SCDC employees, contractors, and volunteers.

11. "Text Telephone/Teletype Terminal/Teletypewriter" ("TTY") means a device that allows individuals with hearing disabilities to use a telephone to type and send text messages.

12. "Telecommunications Relay Service" ("TRS") means an operator service that allows people with hearing disabilities to place calls to standard telephone users via keyboard or assistive device.

13. "Videophone" means a telephone with a camera and screen for visual, real-time communication.

14. "Video Relay Service" ("VRS") means a telephone service using interpreters connected to callers by video hook-up that is designed to provide persons who are deaf and use American Sign Language with telephone services that are functionally equivalent to those provided to users who are hearing.

15. "Video Remote Interpreting" ("VRI") means an interpreting service that uses video conference technology over dedicated lines or wireless technology offering a high-speed, wide-bandwidth video connection that delivers high-quality video images as provided in 28 C.F.R. § 35.160(d).