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Section 504/Title II of the Americans with Disabilities Act: University of Virginia Darden School of Business (VA); OCR Complaint No. 11-09-2094:

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. download files PDF (28K) | Read the Resolution Agreement. download files PDF (79K)

 
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Last Modified: 08/10/2011