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

VI. IMPLEMENTATION AND ENFORCEMENT

42. Implementation. The SCDC shall implement all reforms necessary to effectuate the terms of this Agreement and shall revise any policy, procedure, or practice, as necessary, to effectuate the terms of this Agreement. It is a violation of this Agreement for the SCDC to fail to comply in a timely manner with any of the requirements of this Agreement. The Parties may agree in writing to extend any applicable deadlines specified in this Agreement. The United States will not unreasonably deny requested extensions, if made in advance of any deadline, and following the SCDC's due diligence to meet such a requirement.

43. Term of Agreement. The effective date of this Agreement is the date of the last signature below. This Agreement will remain in effect for 2 years from the effective date.

44. Posting Policies. Within 14 days of the United States' approval of the Effective Communication Policy, the SCDC shall post in all housing areas, intake, and medical units, a notice to inmates announcing adoption and implementation of the Effective Communication Policy and describing its requirements. The SCDC shall amend the Inmate Policies and similar materials to describe the requirements of the Effective Communication Policy.

45. Monitoring and Reporting Requirements

    1. Within 6 months of the effective date of this Agreement, and every 6 months thereafter, the SCDC will provide the United States with a written status report, including any supporting documentation, delineating all steps taken during the reporting period to comply with each substantive provision of this Agreement. Each report will identify the number of requests for auxiliary aids and services, the number of denials of auxiliary aids and services, the number of grievances filed and the outcome of each grievance. Each report will also identify all effective communication complaints for the period, and list by individual the nature of the complaint, and an explanation of how the complaint was resolved. The SCDC will send the status reports to:

Susana Lorenzo-Giguere
Disability Rights Section
Civil Rights Division
U. S. Department of Justice
1425 New York Ave., NW
Washington, DC 20005
[DJ # 204-67-174]

                                 or, by email to: susana.lorenzo-giguere@usdoj.gov 

•   Each status report will also include a summary of all training required by this Agreement that was conducted within that 6 month time-period, a copy of the training agendas, and the number of employees who attended each training.

• The SCDC shall maintain any and all records to document its compliance with the requirements of this Agreement, including, but not limited to, records of all auxiliary aids or services or reasonable modifications requested by or provided to individuals with disabilities for the duration of this Agreement. Such records will include the date of the request; the nature of the request; the determination regarding the request; the date of the determination; and who participated in the decision-making, and all other documents in the SCDC's control relating to such requests and provisions.

• The United States shall have full and complete access to the SCDC, its records, inmate records, and inmates, with advance written notice, in order to assess compliance with this Agreement. The United States shall have the right to conduct confidential interviews with inmates.

46. Notification of Noncompliance and Enforcement. If the United States believes that this Agreement or any of its requirements has been violated, it will notify the SCDC in writing and attempt to resolve the issue or issues in good faith. If the United States and the SCDC are unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the SCDC, the United States may commence a civil action in any U.S. District Court in the State of South Carolina to enforce the terms of this Agreement or the ADA.

47. Lack of Waiver. A failure by the United States to enforce any provision or deadline of this Agreement will not be construed as a waiver of its right to enforce any provision or deadline of the Agreement.

48. Headings. The paragraph headings in this Agreement are for convenience only and will not be deemed to affect in any way the language of the provisions to which they refer.

49. Entire Agreement. This Settlement Agreement constitutes the entire agreement between the Parties relating to settlement of Department of Justice Complaint No. 204-67-174. No other statement, promise, or agreement, either written or oral, made by any party or agents of any party that is not contained in this written Settlement Agreement, will be enforceable.

50. Public Document. A copy of this document may be made available to any person upon request.

51. Parameters of Agreement. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law not specifically referenced herein. This Agreement does not affect the SCDC's continuing responsibility to comply with all aspects of the ADA and the Rehabilitation Act.

52. Successors, Assignees, Employees, and Agents. This Agreement is binding on all successors, assignees, employees, agents (including contractors) and all those working for or on behalf of the SCDC.

53. Signatories Bind Parties. The person signing for the SCDC represents that he is authorized to bind the SCDC to this Agreement.

AGREED AND CONSENTED TO:
For South Carolina Department of Corrections

/s/ Bryan P. Stirling
Bryan P. Stirling
Director of the SCDC
Dated: 3/29/18

For the United States:
BETH DRAKE
Interim United States Attorney
Columbia, South Carolina

JOHN M. GORE
Acting Assistant Attorney General
Civil Rights Division

ALBERTO RUISANCHEZ
Acting Deputy Assistant Attorney General
Civil Rights Division

REBECCA B. BOND
Chief
KATHLEEN P. WOLFE
Special Litigation Counsel
MELLIE H. NELSON
Supervisory Trial Attorney
Disability Rights Section
Civil Rights Division

/s/ Susana Lorenzo-Giguere
SUSANA LORENZO-GIGUERE
Trial Attorney
Disability Rights Section
U. S. Department of Justice
950 Pennsylvania Avenue, N. W. 
Washington D. C. 20530
(202) 514-9822

Dated: 3/29/18