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On June 25, 2009, OCR received a complaint filed against the
University of Virginia’s Darden School of Business alleging that the University
discriminated against blind and visually-impaired students (the Students) on
the basis of disability by contracting to provide the Kindle DX electronic
book reader and web browser as a way of providing class-related text information
to students participating in a pilot program beginning fall 2009. The
complaint alleged that, as a result, the Students were being denied equal access
to the University’s programs and activities and effective communication in
violation of Section 504 and Title II of the ADA. In addition, the complaint
alleged that equal access to the information for these students could not be
achieved by providing alternative formats. OCR initiated an investigation
and the U.S. Department of Justice, which also has enforcement authority under
Title II, joined OCR’s investigation. Prior to the conclusion of
the investigation, the University expressed willingness to resolve the complaint
voluntarily and on July 23, 2010, the Dean of the Darden School of Business
(Darden) signed an agreement (Agreement), which resolves the issues of the
complaint. The Agreement provides that Darden will not require, purchase, or
incorporate the use of an electronic book reader into its classes, curricula,
or other programs unless the electronic book reader is fully accessible to
students with visual impairments or Darden provides a reasonable modification/accommodation
for the electronic book reader to students with visual impairments. On
July 26, 2010, Darden adopted a policy reflecting the terms of the Agreement,
and OCR closed the complaint as resolved on July 27, 2010.
Read the Resolution Letter. PDF (28K) | Read the Resolution Agreement. PDF (79K)
Read the Resolution Letter. PDF (28K) | Read the Resolution Agreement. PDF (79K)