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RESOLUTION AGREEMENT

I. INTRODUCTION

The University of Montana–Western (university) and the U.S. Department of Education, Office for Civil Rights (OCR) enter into this Resolution Agreement (agreement) to resolve the compliance concerns identified by OCR in its review (OCR Reference No. 10096002) conducted under the authority of section 504 of the Rehabilitation Act of 1973 (Section 504) and title II of the Americans with Disabilities Act of 1990 (Title II) and their implementing regulations at 34 C.F.R. 104.21 and 28 C.F.R. 35.149.

II. GENERAL

A. This agreement resolves only those compliance concerns identified by OCR in OCR Reference No. 10096002 and does not constitute an admission by the university of any violation of Section 504, Title II, or any other law.

B. In consideration of the university’s full implementation of this agreement, OCR agrees not to initiate enforcement proceedings with respect to the compliance concerns identified in OCR Reference No. 10096002.

C. In the event the university does not fully implement this agreement, OCR will take appropriate measures within its authority to effect compliance with Section 504 and Title II and their implementing regulations.

D. OCR will monitor the university’s implementation of this agreement and will close this review (OCR Reference No. 10096002) upon the university’s full implementation of this agreement.

E. This agreement takes effect when signed by the authorized representatives of the university and OCR.

III. REMEDIAL ACTIONS

The university will ensure that its programs and activities are readily accessible to and usable by individuals with disabilities.  The university will address each compliance concern about the university’s existing facilities and new construction as enumerated in Attachment A hereto, which is incorporated by reference into this agreement.

A. Existing Facilities

When providing programs and activities in facilities constructed prior to June 3, 1977 (existing facilities) that are not currently accessible to or usable by individuals with disabilities, the university may modify the operation of these programs and activities so that they are readily accessible to and usable by individuals with disabilities, such as by relocating the programs and activities to accessible facilities, or may make physical modifications to its existing facilities or parts of existing facilities in conformance with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) or the Uniform Federal Accessibility Standards (UFAS).

1. If the university offers access to its programs and activities through means other than physical modifications of its existing facilities that are not accessible to or usable by individuals with disabilities, the university will ensure that it provides notice to interested persons, including persons with impaired vision or hearing, consistent with the requirements of Section 504 and Title II and their implementing regulations.  The university will issue notices in its publications used to inform applicants, students, employees, and other interested persons, about the university’s programs, activities and facilities that are currently accessible to individuals with disabilities and about the university’s facilities that are not currently accessible or fully accessible to individuals with disabilities.  For those programs and activities located in facilities that are not fully accessible to individuals with disabilities, the notices will provide information about the methods the university employs to make its programs and activities readily accessible.  As the university makes any physical modifications to its existing facilities, it will revise the notices to reflect those changes.

2. If the university makes physical modifications to its existing facilities so that those facilities are readily accessible to and usable by individuals with disabilities, the university will make all such modifications consistent with the accessibility requirements of Section 504 and Title II and their implementing regulations.

B. New Construction

The university will make physical modifications to its facilities constructed or modified on June 3, 1977 or later (new construction), to ensure that such facilities are readily accessible to and usable by individuals with disabilities.  The university agrees that all physical modifications made will comply with the accessibility requirements of Section 504 and Title II and their implementing regulations.

IV. REPORTING

A. By December 31, 2010, the university will provide OCR with a report that includes the notices disseminated pursuant to section III.A.1. of this agreement; a description of the methods of the university’s dissemination of the notices; and a list of the publications in which the notices appear with the estimated printing schedule for each publication.

B. By December 31, 2010, the university will provide OCR with a report that describes its plan and procedures for providing access to its programs and activities to individuals with disabilities in accordance with section III.A. of this agreement.

C. By January 31, 2011, the university will provide OCR with a report that identifies its existing facilities listed in Attachment A hereto to which it will make physical modifications.

D. By January 31, 2011, the university will provide OCR with a report that includes a detailed description of its plan for making physical modifications to its existing facilities and new construction identified in Attachment A hereto, including the schedule for completing such modifications.

E. By June 30, 2011, December 31, 2011, and June 30, 2012, the university will provide OCR with a report demonstrating its progress in completing the facilities modifications pursuant to sections III.A.2. and III.B. of this agreement.

F. By December 31, 2012, the university will provide OCR with a report that includes documentation demonstrating that it has completed the facilities modifications pursuant to sections III.A.2. and III.B. of this agreement along with specifications, prints, drawings, and photographs with sufficient detail to demonstrate that the modifications were made consistent with applicable ADAAG or UFAS standards.

 

Signed:

      /s/
Dr. Richard Storey 
Chancellor
University of Montana – Western

7/21/10_
Date

 

      /s/
Gary D. Jackson
Director
OCR Seattle Office

7/29/10
Date

Attachment A

University of Montana – Western
Existing Facilities and New Construction

Existing Facilities

FACILITY

FEATURE

IDENTIFIED BARRIER

James Short Center

Main Floor Restrooms

  • Width of men’s restroom stall door
  • Length of side grab bars in both restrooms

Lucy Carson Library

Main and Upper Level Restrooms

  • Inaccurate signage

Elevator

  • No signage
  • Doors require contact to stop closing
  • Lack of clear floor space within elevator

Block Hall

Southwest Entrance

  • Obstructed automatic door exterior operating mechanism

Main Floor Restrooms

  • Length of side grab bars
  • Height of women’s restroom mirror

Science Laboratories

  • Knee clearance of designated laboratory tables (Rooms 302, 306, and 309)
  • Inaccessible route within laboratory (Room 207)
  • Force to open door (Room 306)
  • Timing of door opening and closing (Room 306)
  • Door knob operating mechanism (Room 205)

Lecture Hall

  • Force to open South and North doors
  • Timing of North door opening and closing
  • Knee clearance of designated seating

Second Floor Fire Doors

  • Door knob operating mechanism

Existing Facilities

FACILITY

FEATURE

IDENTIFIED BARRIER

Physical Education Building

Locker Rooms

  • Change in level to access shower rooms
  • Roll-in showers lack seat and grab bars
  • Inaccessible toilet facilities

First Floor Drinking Fountain

  • Height of spout
  • Location of controls
  • Force to operate controls

Ticket Booth and Concession Stand

  • Height of ticket booth counter
  • Height of concession stand counter

Main Hall

Second Floor Ramp to 1924 Addition

  • Slope of ramp
  • Lack of handrails

Third Floor Ramp by Room 316

  • Slope of ramp
  • Lack of handrails

Beier Auditorium

  • Slope of aisle

Ceramics Studio

  • Access requires the use of stairs

IT- Metals

Accessible Route from Campus

  • Lack of accessible route

Curious Minds Childcare Center

Entrance

  • Access requires the use of stairs

Accessible Routes

  • Route to playground is not stable, firm or slip resistant

Residence Halls

General

  • Inadequate number of accessible dormitory rooms

Centennial Hall

Laundry Room

  • Lack of clear floor space
  • Detergent machine operating mechanisms

Jordan Hall

Entrance

  • Entrance door width
  • Timing of door closing and maintenance of closer

Family Housing

Facility

  • No accessible apartments and no alternative housing provided to married students

Parking

General

  • Inaccuracy of campus map

New Construction

FACILITY

FEATURE

IDENTIFIED BARRIER

Lucy Carson Library

East Entrance

  • Timing of inner and outer door opening and closing
  • Lack of clear floor space in front of operating mechanism

Lower Level Men’s Restroom

  • Inaccessible route to urinal

Swysgood Technology Center

West Entrance

  • Timing of door opening and closing
  • Maintenance of operating mechanism
  • Lack of clear floor space in front of operating mechanism

Interior Doorways

  • Force to open doors for all restrooms, upper level multipurpose room and room 103.

Main Floor Women’s Restroom

  • Operating mechanism for feminine hygiene product dispenser

Lower Level Ramp

  • Lack of handrails

Student Union Building

East Entrance

  • Force to open inner vestibule door

Main Floor Restrooms

  • Force to open men’s and women’s restroom doors
  • Lack of clear floor space behind men’s restroom door

Physical Education Building

First Floor Public Restrooms

  • Length of back grab bars in men’s and women’s restrooms
  • Men’s restroom faucet operating mechanism
  • Men’s restroom sink knee clearance
  • Height of mirrors and paper towel dispensers in men’s and women’s restrooms
  • Men’s restroom urinal height and lack of clear floor space

Straugh Gymnasium Bleachers

  • Inadequate number of accessible seats

New Construction

FACILITY

FEATURE

IDENTIFIED BARRIER

Main Hall

East Elevator Entrance

  • Maintenance of door operating mechanism

Elevator

  • Doors require contact to stop closing

 

Third Floor Restrooms

  • Lack of sink pipe insulation in men’s and women’s restrooms
  • Height of mirrors in men’s and women’s restrooms
  • Light and fan operating mechanisms in men’s and women’s restrooms
  • Lack of clear floor space in front of women’s restroom door

Third Floor Ramp by Restrooms

  • Height of handrails
  • Extension of handrails

Lift Between Second and Third Floors

  • Force to open lift door

Small Auditorium

  • Slope of ramp to stage
  • Height of ramp handrails
  • Extension of ramp handrails

Beier Auditorium

  • Size of wheelchair designated seats

Museum Restrooms

  • Width of women’s restroom stall
  • Height of men’s restroom sink
  • Lack of sink pipe insulation in men’s restroom
  • Height of men’s restroom urinal
  • Height of soap dispensers in men’s restroom

Museum Ramp

  • Height of handrails
  • Extension of handrails

New Construction

FACILITY

FEATURE

IDENTIFIED BARRIER

IT- Metals

Accessible Route and Ramp from Campus

  • Lack of level landings at top of run and where ramp changes direction
  • Lack of handrails
  • Clear length of lower landing

Centennial Hall

South Entrance

  • Force to open inside vestibule door

Second Floor Communal Bathroom

  • Door knob operating mechanism
  • Force to open door
  • Height of paper towel dispenser
  • Lack of clear floor space in front of shower
  • Lack of shower seat

Room 210

  • Height of clothes hook, window latch and thermostat controls.
  • Fan timer operating mechanism
  • Size of shower seat
  • Lack of sink pipe insulation
  • Lack of desk knee clearance

Room 214

  • Height of thermostat controls
  • Fan timer operating mechanism
  • Height of back grab bar behind toilet

Davis Hall

West Entrance

  • Force to operate door opening mechanism

Second Floor Public Restrooms

  • Lack of clear floor space behind men’s and women’s restroom doors
  • Force to open doors to men’s and women’s restrooms
  • Height of men’s restroom mirror
  • Location and height of soap dispensers in men’s and women’s restrooms
  • Height of paper towel dispensers in men’s and women’s restrooms

New Construction

FACILITY

FEATURE

IDENTIFIED BARRIER

Mathews Hall

Exterior Ramps

  • Lack of handrail extensions
  • Orientation of drainage grates

Campus Parking

Northeast Lot

  • Inadequate number of accessible spaces
  • Location of accessible spaces
  • Lack of access aisles
  • Slope and stability of spaces and aisles
  • Transition of curb ramp

East Lot

  • Lack of van accessible space
  • Dimensions of spaces and aisles
  • Slope of spaces and aisles
  • Transition of curb ramp
  • Slope of curb ramp
  • Lack of signage

South Lot

  • Inadequate number of accessible spaces
  • Maintenance of signage

Student Union Building Lot

  • Lack of van accessible space
  • Lack of access aisle
  • Lack of signage
  • Lack of accessible route

West Lot

  • Inadequate number of accessible spaces
  • Lack of van accessible space
  • Lack of access aisles

North Lot

  • Width of access aisle
  • Lack of signage

Service Drive Spaces

  • Lack of access aisle

New Construction

FACILITY

FEATURE

IDENTIFIED BARRIER

Vigilante Field

Restrooms

  • Length of side grab bars over toilets in men’s and women’s restrooms
  • Height of mirrors in men’s and women’s restrooms

Grandstand

  • Inadequate number of accessible seats

Birch Creek Retreat Center

Parking Lot

  • Lack of designated accessible spaces
  • Inaccessible route from parking lot to entrance

Exterior Route from Front to Rear Entrance

  • Width of route
  • Changes in level and lack of continuous surface

Rear Entrance Ramp

  • Slope of ramp
  • Inadequate landing at bottom of ramp
  • Inadequate ramp surface

Public Restrooms

  • Width of men’s and women’s restroom stalls
  • Lack of men’s and women’s restroom stall handrails
  • Lack of sink pipe  insulation in men’s and women’s restrooms
  • Height of men’s restroom urinal
  • Height of men’s restroom mirror and paper towel dispenser

 


 
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Last Modified: 06/14/2013