SETTLEMENT AGREEMENT
Highline Community College
Case No. 10052007
To resolve the compliance concerns identified by the U.S. Department of Education Office for Civil Rights (OCR) following OCR’s investigation of a complaint of disability discrimination concerning Highline Community College, OCR case no. 10052007, the parties have agreed as follows:
A. The parties to this Settlement Agreement (agreement) are Highline Community College (college) and OCR.
B. This agreement shall become effective when the authorized representatives for both parties have signed the agreement.
C. This agreement resolves only those compliance concerns identified as part of the investigation of this complaint by OCR, under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act of 1990.
D. The college agrees to fully implement and adhere to the obligations contained in this agreement. In consideration of that agreement, OCR agrees not to initiate enforcement proceedings with respect to the compliance matters identified in the referenced complaint investigation. It is agreed that in the event the college fails to comply with any provision of this agreement, OCR will take appropriate measures to effect compliance with Section 504 and Title II with respect to these matters.
III. SPECIFIC PROVISIONS
A. POLICIES AND PROCEDURES
By September 30, 2005, the college will review and, as necessary, revise its policies and procedures with regard to the provision of auxiliary aids to students with hearing related disabilities. The college will ensure that its policies and procedures provide the following:
1. The college will furnish appropriate auxiliary aids and services where necessary to ensure that students with hearing impairments have access to communications that are as effective as communications with others and that afford such students an equal opportunity to participate in and enjoy the benefits of the college’s programs and activities.
2. With regard to students with hearing impairments, the college will ensure that its policies and procedures provide that:
a. an individualized determination is made with regard to requests for auxiliary aids and services from such students, appropriate to the nature and extent of the student’s disability; and
b. in determining the type of auxiliary aids and services that are necessary for an individual student, the college will give primary consideration to the student's request and will provide the auxiliary aids requested unless the college can provide aids and services that are as effective as the requested aids and services. In making the determination regarding the aids and services to provide the college may request that a student participate in an assessment by a qualified hearing specialist and will consider the assessments and recommendations of such specialist.
1. By October 31, 2005, the college will provide notice to staff and administrators who are involved in the process of making decisions regarding the provision of auxiliary aids and services for students with hearing impairments of:
a. any changes made to the college’s policies and procedures under section III, A., above;
b. the college’s obligation to make individualized determinations regarding requests for auxiliary aids and services from students with hearing impairments and to furnish appropriate auxiliary aids and services where necessary to ensure that students with hearing impairments have access to communications that are as effective as communications with others and that afford such students an equal opportunity to participate in and enjoy the benefits of the college’s programs and activities; and
c. the college’s overall responsibilities to deaf and hearing-impaired students under Section 504 and Title II.
2. By March 31, 2006, the college will review any college materials and publications that relate to the provision of auxiliary aids to deaf or hearing impaired students and that are provided by the college to students, prospective students and college staff to ensure that these publications include any changes to, or are consistent with, the college’s policies and procedures referred to in section III, A., above. By October 31, 2005, the college will makes its best efforts to provide interim notice to students, prospective students and college staff of any changes to its policies and procedures, through changes to the college’s website or other similar methods that fall outside of the college’s cyclical publication review schedule.
1. By the next quarter that the student enrolls in college classes following the spring quarter of 2005, the college will provide the student with:
a. real time transcription of class lectures and class discussion and will otherwise ensure that during the class the student has access to all of the class content and discussion; and
b. written transcripts, based on the real time transcription, within a reasonable time period following the class.
c. This provision applies to all courses (excluding online courses) in which the student enrolls, including courses that the student elects to repeat under Section III., C., 2, below, unless the student specifically declines the service for a particular class.
2. By June 1, 2005, the college will make an offer in writing to the student allowing her to repeat any courses in which she was enrolled during the winter quarter of 2005 and will allow thirty days for the student to accept or reject the offer. If the student accepts the college’s offer, the college will carry out the provisions of III.C., at the earliest opportunity consistent with the college’s established schedule of course offerings for the classes the student elects to repeat, but not later than the completion of the 2005-2006 academic year or the very next quarter that a course in which the student was enrolled during winter quarter of 2005 is offered, if the course is not offered during the 2005-2006 academic year.
3. Upon completion by the student of a course that the student has elected to repeat, the college will amend the student’s transcript to reflect the final grade received by the student for that course; the college will also amend the student’s transcript to ensure that any grade earned previously is not reflected.
4. If the student elects to repeat a course in which she was enrolled during the winter quarter of 2005, the college agrees to waive or otherwise credit tuition and fees for the student for any such course and agrees to compensate the student for reasonable non-tuition expenses incurred by virtue of having to repeat any courses from the winter of 2005. Such expenses include transportation and parking costs, instructional supplies, and any additional textbooks, etc. The college may request that the student provide the college with receipts or other documentation of her additional course- or attendance-related expenses.
5. The college also agrees to compensate the student for reasonable non-tuition expenses incurred by having to attend the college for one additional quarter beyond spring quarter of 2006 in order to complete her paralegal program. This provision applies only if the student elects to repeat a course in which she was enrolled in the winter quarter of 2005 and only if such additional attendance is made necessary by the program’s established sequence of courses. In no event will the college be responsible for any such expenses exceeding $100.
6. By June 1, 2005, the college president will write a letter to the student outlining the college’s obligations under the terms of this agreement and emphasizing the college’s commitment to fully implement those terms.
A. By October 15, 2005, the college will notify OCR that the policies and procedures and publications described in section III.A. and B, 1., have been revised consistent with sections III.A. and B.1, of the agreement, and are ready for distribution. The college will provide a copy of the revisions to any policies, procedures and publications to OCR prior to distribution. By the same date the college will provide written information regarding how and to whom the information is to be distributed.
B. By September 2, 2005, the college will provide OCR:
1. a copy of its letter to the student, as described in III.C.5;
2. written confirmation that the college has implemented the auxiliary aids described in section III, C., 1;
3. written confirmation that the college’s offer allowing the student to retake her winter quarter 2005 courses was provided to the student and stating whether the student has accepted the offer, as described in section III, C, 2;
4. if the student has accepted the college’s offer, confirmation in writing that it has implemented the provisions above relating to allowing the student to retake her courses, document the auxiliary aids that are to be provided to the student for such courses, and document the college’s plan regarding waiver of tuition or other financial arrangements made by the college with regard to tuition and fees.
C. Within 30 days of the student’s request, the college will provide a copy of the student’s claim(s) for reimbursement and written documentation of the college’s payment(s) to the student.
D. By March 31, 2006, the college notify OCR that it has completed its review any college materials and publications referred to in III, B., 2, and will confirm these scheduled publications include any changes to, or are consistent with, the college’s policies and procedures referred to in section III, A., above.
E. By July 1, 2006, the college will confirm in writing to OCR that the provisions relating to the student have been completed, or state the reasons why they have not been completed.
SIGNED:
_____________________________ __________________
Ivan Gorne Date
Vice President for Student Services
Highline Community College
_____________________________ __________________
Gary D. Jackson Date
Regional Civil Rights Director
This agreement approved as to form (signature waived):
Derek Edwards
Assistant Attorney General