SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
THE UNIVERSITY OF ALABAMA AT BIRMINGHAM
UNDER THE AMERICANS WITH DISABILITIES ACT
- This Agreement (Agreement) is made and entered into by the United States Department of Justice (Department) and the Board of Trustees of the University of Alabama for the University of Alabama at Birmingham (UAB), a four year public university within the University of Alabama System.
- This Agreement resolves an investigation and compliance review of physical accessibility for individuals with disabilities at UAB under title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131 - 12134 (ADA), and the Department of Justice's implementing regulation, 28 C.F.R. Part 35, including the 1991 Standards for Accessible Design, 28 C.F.R. Part 35 (2011) at Appendix D (1991 Standards), and the ADA 2010 Standards for Accessible Design, 28 C.F.R. § 35.104 (2010 Standards as the requirements set forth in appendices B and D to 36 C.F.R. part 1191 and the requirements contained in subpart D of 28 C.F.R. part 35) (collectively the Standards).
- Title II of the ADA requires that UAB ensure that no qualified individual with a disability, on the basis of disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination. 42 U.S.C. § 12132; 28 §C.F.R. 35.130(a). In addition, title II of the ADA requires, among other things, that no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. 28 C.F.R. § 35.149. As a public entity, UAB must operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities, and construct or alter any buildings or facilities in such a manner that those buildings or facilities meet the requirements of title II of the ADA, including the Standards. 28 C.F.R. §§ 35.150-151.
- The United States has identified aspects of UAB's facilities that are not in compliance with the ADA, the regulations promulgated thereunder, and the Standards, including the provisions referenced in paragraphs 2 and 3, above.
- The parties to this Settlement Agreement are the United States and the University of Alabama at Birmingham. In order to avoid the burden and expense of further investigation and possible litigation, the parties hereby agree to the terms of this Agreement.
- UAB, located in Birmingham, Alabama, is a public university and an instrumentality of the state of Alabama and therefore a public entity covered by title II of the ADA. 42 U.S.C. § 12131(1)(A); 28 C.F.R. § 35.104.
- This matter was commenced when the U.S. Attorney's Office (USAO) received a complaint filed by a UAB student with a disability alleging, inter alia, that various buildings and parking lots on campus were inaccessible to individuals with mobility impairments in violation of title II of the ADA.
- The Department is also authorized to commence a civil action in a United States District Court if it is unable to secure voluntary compliance and to seek injunctive relief and monetary damages. 28 C.F.R. § 35.174. In consideration of the terms of this Agreement and UAB's promises contained in Section C of this Agreement, the Department agrees to refrain from filing a civil suit in this matter at this time, except as provided in Section D, below.
C. REMEDIAL ACTION
- Within one year of the effective date of this agreement, UAB will complete an architectural review (Review) of the facilities identified in Attachment A of this Agreement to determine compliance with the relevant architectural accessibility standards depending on when the facility was constructed or if alterations were made after January 26, 1992.
- Within 18 months of the effective date of this agreement, UAB will provide the Department with a written report (Report) outlining the findings of its Review. At a minimum, the Report will identify each facility surveyed, every element within the facility that is not in compliance with the applicable architectural accessibility standards, and a timeline for remediating all of the items contained in the report. The Department shall review the Report and provide UAB with modifications, deletions, or additions (Revised Report).
- Within one month of receipt of the Revised Report from the Department, UAB will commence remediating the deficiencies identified in the Revised Report. All architectural changes by UAB to the items contained in the Revised Report must comply with the 2010 ADA Standards.
- In the event that UAB has already undertaken an alteration, addition, or other modifications to any element in facilities identified in Attachment A after January 26, 1992, and prior to the effective date of this Agreement, within six months of the effective date of this Agreement, UAB will submit a written report to the United States summarizing the actions taken and providing evidence establishing each individual element's compliance with the applicable architectural accessibility standard as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied below:
|Compliance Date for New Construction or Alterations ||Applicable Standards |
|Before September 15, 2010 ||1991 ADA Standards or UFAS |
|On or after September 15, 2010, and before March 15, 2012 ||1991 ADA Standards, UFAS, or 2010 ADA Standards |
|On or after March 15, 2012 ||2010 ADA Standards |
- Compliance Reports. Within six (6) months of the effective date of the Agreement, and continuing annually thereafter until it expires, UAB will submit written reports to the United States summarizing its progress during the previous six (6) month period.
D. IMPLEMENTATION AND ENFORCEMENT
- UAB may seek to modify this Agreement because of changed conditions making performance impossible by notifying the United States in writing, setting forth the modification and the facts to support it. Until there is written agreement by the United States to the modification, no modification will take effect. The United States' agreement will not be unreasonably withheld.
- The United States may review compliance with this Agreement at any time. UAB will cooperate with the United States. If the United States believes that UAB has failed to comply with this Agreement, then the United States will notify UAB in writing and it will attempt to resolve the non-compliance. If the United States is unable to resolve the non-compliance within 30 days, then it may institute a civil action in federal district court to enforce the terms of this Agreement and may take appropriate steps to enforce title II and Section 504.
- It is a violation of this Agreement for UAB to fail to comply in a timely manner with any of the requirements of this Agreement.
- Failure by the United States to enforce any provision of this Agreement is not a waiver of the United States' right to enforce other provisions of this Agreement.
- This Agreement is a public document. Upon request, a copy of this Agreement will be made available to any person by UAB or the United States.
- This Agreement is the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party will be enforceable. This Agreement does not remedy any other potential violations of the ADA or other federal law. This Agreement does not relieve UAB of its continuing obligation to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.
- This Agreement will remain in effect for three (3) years from the effective date which is the date of the last signature on the Agreement.
- The person signing for UAB represents that he or she is authorized to bind UAB to this Agreement.
For the United States:
JOYCE WHITE VANCE, United States Attorney
Northern District of Alabama
LANE WOODKE, Chief, Civil Division
United States Attorney's Office
Northern District of Alabama
By: /s/ Jason Cheek
JASON CHEEK, Assistant United
United States Attorney's Office
Northern District of Alabama
1801 Fourth Avenue North
(205) 244-2181 (fax)
For the Board of Trustees of the University of Alabama for the University of Alabama at
Facilities Constructed After 1992 (Entire Facility)
- 9th Avenue Parking Deck
- Alumni Building
- Alys Stephens Performing Arts Building
- Campus Recreation Center
- University Dining Facility
- Heritage Hall Building
- Ryals Public Health Building
- School of Health Professions
- University Boulevard Office Building
- UAB SlowFast Pitch Softball Field
- UAB Soccer Field
- 12th Street Parking Deck
- 16th Street Parking Deck
- Blount Hall
- Blazer Hall
Facilities Constructed Before 1992 which were Altered after 1992 (Altered Elements, Accessible Route, and Elements on the Accessible Route)
- Administration Building
- Chevron Building
- Facilities Administration Building
- Sorority Square
- Business Engineering Complex
- Campbell Hall
- Chemistry Building
- Education Building
- Hansel/Hulsey Center for Arts and Humanities
- Hoehn Engineering Building
- Learning Resources Center
- Volker Hall – Lecture Tower
- Worrell Building
- Camp Hall
- Denman Hall
- Rast Hall
- Lister Hill Library
- School of Nursing
- Spencer Honors House
- Bartow Arena
- Bell Building
- 19th Street Parking Deck
- 6th Avenue Parking Deck
- University Boulevard Parking Deck