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SETTLEMENT AGREEMENT


I. INTRODUCTION

The U.S. Department of Education Office for Civil Rights (OCR) and Montana Tech of the University of Montana (the college) enter into this Settlement Agreement (agreement) to resolve the compliance concerns identified by OCR in this compliance review (review), OCR Reference No. 10086001, conducted under section 504 of the Rehabilitation Act of 1973 (Section 504) and title II of the Americans with Disabilities Act of 1990 (Title II). 

II. GENERAL PROVISIONS

A. This agreement resolves only the compliance concerns identified in OCR Reference No. 10086001.  This agreement is not intended to constitute, nor shall it be deemed to constitute, an admission by the college of any violation of Section 504, Title II, their implementing regulations, or any other law.

B. This agreement is effective when signed by the authorized representatives of both parties.

C. In consideration of the college’s full implementation of this agreement, OCR agrees not to initiate enforcement proceedings against the college with respect to the compliance issues identified by OCR in the referenced review. 

D. In the event the college does fully implement this agreement, OCR will take appropriate measures within its authority to effect compliance with Section 504 and Title II with respect to the compliance issues addressed in this agreement.

E. The college agrees to make all necessary modifications in accordance with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) or any standards that provide equivalent or greater access.  The ADAAG standards referenced in this agreement do not include all of the applicable ADAAG standards, technical provisions, and local requirements that may apply to a modification that is required by this agreement.

F. OCR will monitor the college’s implementation of this agreement and will close the review upon the college’s full implementation of this agreement.

III. REMEDIAL PROVISIONS

In accordance with Section 504 and Title II, the college will ensure that individuals with disabilities are afforded an equal opportunity to participate in and benefit from its programs, activities, and services by providing accessible facilities and programs.  In that regard, the college specifically agrees to the following provisions:

A. Facility Accessibility

  1. By January 31, 2011, the college will ensure the identified accessible restrooms in the following buildings comply with ADAAG and will make necessary modifications to these restrooms to correct deviations from ADAAG 4.13.5, 4.13.11, 4.17.3, 4.17.5, 4.17.6, 4.18.2, 4.19.4, and 4.27.4:  (a) Science and Engineering Building; (b) Student Union Building; (c) Health, Physical Education, and Recreation Building (HPER); (d) Library; (e) Mining and Geology Building; (f) Engineering Laboratory-Classroom Building; (g) Alumni Coliseum; (h) Mill Building; and (i) Auditorium Building.

  2. By January 31, 2011, the college will ensure the identified accessible showers in the Engineering Laboratory-Classroom Building comply with ADAAG 4.21.3.

  3. By March 31, 2011, the college will ensure that the designated accessible seating areas in the HPER basketball court bleachers and the grandstand at the Alumni Coliseum comply with ADAAG 4.1.3(19), including a sufficient number of seats, availability to an accessible route, companion seating, and lines of sight.

  4. By March 31, 2011, the college will ensure the automatic door openers on the south side of the Student Union Building and the east side of Centennial Residence Hall are operable and comply with ADAAG 4.13.12.

  5. By March 31, 2011, the college will ensure that the handrails on the hallway steps adjacent to rooms 312 and 317 of the Science and Engineering Building comply with ADAAG 4.9.4.

  6. By March 31, 2011, the college will install audible warning signals in the Auditorium Building that comply with ADAAG 4.28.

B. Accessible Parking

    By June 30, 2011, the college will take the following steps to ensure that all identified accessible parking spaces at the college comply with ADAAG as follows:

  1. Ensure that all designated accessible spaces west of the Library are (a) located on the shortest accessible route of travel to an accessible pedestrian entrance to the building as required by ADAAG 4.6.2, and (b) comply with the dimension and signage requirements at ADAAG 4.6.4 and 4.6.5.

  2. Ensure that all designated accessible spaces north of the Library are (a) located on the shortest accessible route of travel to an accessible pedestrian entrance to the Library and the adjacent Engineering Laboratory-Classroom Building; and (b) comply with the dimension and signage requirements at ADAAG 4.6.4 and 4.6.5.

  3. Ensure that the two designated accessible spaces and access aisles west of the Chemistry-Biology Building have surface slopes that do not exceed 1:50 (2%) in all directions, as required by ADAAG 4.6.3.

  4. Ensure that all designated spaces north of the Mining and Geology Building are (a) located on the shortest accessible route of travel to the Mining and Geology Building and the adjacent Engineering Laboratory-Classroom Building, as required by ADAAG 4.6.2; and (b) comply with the dimension and signage requirements at ADAAG 4.6.4 and 4.6.5.

  5. Provide accessible parking spaces in the lot serving the Alumni Coliseum, press box, and bleachers in accordance with ADAAG 4.6.  The college will also ensure that at least the minimum number of accessible spaces is provided pursuant to AGAAG 4.1.2(5), that all accessible spaces are located on the shortest accessible route of travel to the facilities served by these lots pursuant to ADAAG 4.6.2., and that all accessible spaces comply with the dimension and signage requirements at ADAAG 4.6.4 and 4.6.5.

C. Accessible Routes

  1. By July 31, 2011, the college will provide at least one accessible exterior route from public transportation stops, accessible parking, accessible loading zones, and public streets or sidewalks to the accessible building entrances they serve.  The route(s) will also connect all accessible buildings, facilities, elements, and spaces within the campus site.  See ADAAG 4.1.2(1) and (2).  The route(s) will comply with ADAAG 4.3.

  2. By July 31, 2011, the college will develop and implement procedures that regularly notify interested persons about the college’s accessible exterior route(s), including, but not limited to, public maps and campus signage to identify the route(s).

D. Signage to Accessible Facility Entrances

    By July 31, 2011, the college will identify each accessible entrance of all campus facilities with a symbol of accessibility.  At all inaccessible entrances to each of its facilities, the college will install signage that directs users to an accessible entrance or to a location where they can obtain information about accessible facilities.  The symbols of accessibility will comply with ADAAG 4.30.7(1).  The directional signage will comply with ADAAG 4.30. 

IV. REPORTING PROVISIONS

A. Facility Accessibility

    By May 27, 2011, the college will provide OCR with a report demonstrating that the college has completed the modifications described in sections III.A.1. - 6.  The report will include descriptions, measurements, work orders, and/or photographs of the modifications.

B. Accessible Parking

    By September 16, 2011, the college will provide OCR with a report demonstrating that the college has completed modifications to campus parking as described in section III.B.  The report will include descriptions, measurements, work orders, and/or photographs of the modifications.

C. Accessible Routes

  1. By September 16, 2011, the college will provide OCR with a report demonstrating that the college has provided an accessible exterior route as described in section III.C.1.  This report will include descriptions, work orders, and/or a sampling of photographs of the route.

  2. By September 16, 2011, the college will provide OCR with a report demonstrating that the college has developed and implemented the procedures described in section III.C.2.  This report will include a copy of the college procedures; copies of any notices to interested persons; a copy of any public maps showing the accessible route(s); and photograph of any exterior signage, if any.

D. Signage to Accessible Facility Entrances

  1. By September 16, 2011, the college will provide OCR with a report describing the progress the college has made to date in installing signage as described in section III.D.

  2. By September 16, 2011, the college will provide OCR with a report demonstrating that the college has completed installing signage as described in section III.D.  The report will include descriptions, work orders, and/or a sampling of photographs of the installed signage.

Signed:

Frank Gilmore
Chancellor
Montana Tech of the University of Montana

Date

Gary D. Jackson 
Director, Seattle Office
Office for Civil Rights

Date

 

 

 

 


 
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Last Modified: 06/14/2011