Department of Justice and Millikin University (ADA)

[Guest guest]

FYI

Mike Savory

The following settlement agreement between the Department of Justice and

Millikin University is forwarded to you by the Great Lakes ADA Center for

your information. Millikin in a private University and thus subject to the

Title III provisions of the ADA:

Quick Link to Settlement Agreement on-line:

http://www.usdoj.gov/crt/ada/millikin.htm#anchor262953

SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA

AND

MILLIKIN UNIVERSITY

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-24-10

Settlement Agreement Department of Justice Press Releases

Background

1. This matter was initiated by a complaint filed under title III of the

Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12181-12189 (the ADA)

with the United States Department of Justice against Millikin University.

The complainant alleged that Millikin University has violated title III of

the ADA and the Department of Justice's implementing regulation, 28 C.F.R.

Part 36 by failing to make certain buildings on its campus accessible to

persons with disabilities.

2. The complaint referenced in ¶ 1 above was investigated by the United

States Departments of Justice (DJ# 202-24-10); the United States Department

of Education (#05-00-2015); and the United States Department of Housing and

Urban Development (HUD Case #05-98-1364-8). This Agreement resolves all of

these investigations as they relate to matters concerning title III the ADA.

1

3. The parties to this Agreement are the United States of America, acting

through the Department of Justice (DOJ), and Millikin University. The

parties agree that this Agreement is not an admission of violation and

should not be construed as an admission by Millikin University of any

violation.

4. In order to avoid the burdens and expenses of further investigation and

possible litigation, the parties hereby agree as follows:

Jurisdiction

5. The ADA authorizes the DOJ to investigate alleged violations of title

III, 42 U.S.C. § 12188((1), and to commence a civil action in any case

that involves a pattern or practice of discrimination or that raises issues

of general public importance, and to seek injunctive relief, monetary

damages, and civil penalties. 42 U.S.C. §§ 12188(. In consideration of the

terms of this Agreement as set forth herein, the DOJ agrees to refrain from

undertaking further investigation of this matter or from filing civil suit

in this matter against Millikin University.

6. Millikin University, located in Decatur, Illinois, is a place of

education operated by a private entity, and its operations affect commerce.

It is a place of public accommodation covered by title III of the ADA. 42

U.S.C. § 12181(7)(J).

7. The subject of this Settlement Agreement is:

a. Millikin University's obligation under 42 U.S.C. § 12182 ((2)(A)(ii) to

modify policies, practices and procedures in order to afford services and

facilities to individuals with disabilities;

b. Millikin University's obligation under 42 U.S.C. § 12182((2)(A)(iii) to

provide auxiliary aids and services when necessary to ensure that no

individual with a disability is excluded, denied services, segregated, or

otherwise treated differently than other individuals;

c. Millikin University's obligation under 42 U.S.C. § 12182 ((2)(A)(iv) to

remove architectural barriers in existing facilities where such removal is

readily achievable; and

d. Millikin University's obligation under 42 U.S.C. § 12183(a) to undertake

alterations in such a manner that they are readily accessible to and usable

by persons with disabilities to the maximum extent feasible.

e. Millikin University’s obligation under 42 U.S.C. § 12183 to ensure that

all new construction is readily accessible to and usable by persons with

disabilities.

Remedial Action

8. In order to meet its obligations as set out in ¶ 7 above, Millikin

University will complete modifications to the campus as set forth below.

References to the " Standards " are to the ADA Standards for Accessible

Design, 28 C.F.R. Part 36, Appendix A. The requirements set forth herein

apply only to places of public accommodation located on the Millikin

University campus unless other facilities are specifically listed. The term

" public use area " refers to any location on Millikin University campus or

within any facility located on Millikin University campus open to the

public, students, and/or faculty.

9. Within 2 years of the effective date of this Agreement, Millikin

University will accomplish the following:

a. In all facilities, there shall be a sufficient amount of maneuvering

space such that all doors along accessible routes are usable for persons who

use wheelchairs. Standards 4.13.6. Millikin will make changes to the

following facilities in order to meet the requirements of this paragraph:

Shilling Hall, Career Center, Interview Room

Hall, Unisex Toilet Room, First Level

b. In all facilities, all doors in public use areas will require no more

than 5 lbf to open. Standards 4.13.11 Millikin will make changes to the

following facilities in order to meet the requirements of this paragraph:

Treat University Center, Men’s and Women’s Toilet Rooms, Upper Level

and Lower Levels Staley Library, Men’s and Women’s Toilet Rooms, First and

Lower Level Staley Library, Computer Graphics Lab Vestibule, Lower Level

Shilling Hall, Student Lounge, First Level Mueller Hall, Men’s and Women’s

Toilet Room, First Level

Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower

Level New Halls and Weck Hall, Entrance

New Halls and Weck Hall, Public Toilet Room New Halls and Weck Hall, Laundry

Room

c. Standard 4.13.9 requires that doors in public use areas shall be equipped

with hardware that is easy to grasp with one hand and does not require tight

grasping, tight pinching, or twisting of the wrist to operate. Millikin will

make changes to the following facilities in order to make certain doors

compliant with Standard 4.13.9:

Treat University Center, Men’s and Women’s Toilet Rooms, Lower Level

Staley Library, Music Room, First Level

Staley Library, Men’s and Women’s Toilet Rooms, First and Lower Level Gorin

Hall, Men’s Toilet Room, First Level New Halls and Weck Hall, Exterior Doors

New Halls and Weck Hall, First Floor Public Use Toilet Rooms New Halls and

Weck Hall, First Floor Lounge

New Halls and Weck Hall, First Floor Laundry Room New Halls and Weck Hall,

First Floor Dormitory Rooms, door and closet door

d. Standards 4.30.4, 4.30.5, 4.30.6 require that signage with Braille and

raised letters and/or numbers be provided on the latch side of doors to

dormitory rooms, doors to dormitory lounges, and doors to dormitory laundry

rooms. Millikin will make changes to the following facilities in order to

make certain doors compliant with Standards 4.30.4, 4.30.5, 4.30.6:

New Halls and Weck Hall, First Floor Public Use Toilet Rooms

New Halls and Weck Hall, First Floor Dormitory Rooms

New Halls and Weck Hall, First Floor Lounge

New Halls and Weck Hall, First Floor Laundry Room

e. In any facility where seating areas, booths, tables, or picnic areas are

provided, at least one such seating area, booth, table, or picnic area shall

be accessible to persons who use wheelchairs. Standards 4.3, 4.32. Millikin

will make changes to the following facilities 2 in order to meet the

requirements of this paragraph:

Treat University Center, Lounge, Lower Level, Booths

Hall, Picnic Area, Exterior

f. In all parking facilities, the access aisle for the designated van

accessible parking space shall be of sufficient width. Standards

4.1.2(5)(. Millikin will make changes to the following facility in order

to meet the requirements of this paragraph:

New Hall 2 and Weck Hall, Parking

g. In all parking facilities, the designated van accessible parking space

and access aisle shall be level in all directions. Standards 4.6.3. Millikin

will make changes to the following facility in order to meet the

requirements of this paragraph:

New Hall 2 and Weck Hall, Parking

h. In all facilities where public men’s and/or women’s toilet rooms are

provided, signage with Braille and raised letters will be provided on the

latch side of the door to the toilet room. Standards 4.30.4, 4.30.5, 4.30.6.

Millikin will make changes to the following facilities in order to meet the

requirements of this paragraph:

Treat University Center, Men’s and Women’s Toilet Rooms, Upper and

Lower Levels

Staley Library, Men’s and Women’s Toilet Rooms, First and Lower Level

Gorin Hall, Men’s Toilet Room, First Level

Shilling Hall, Men’s and Women’s Toilet Rooms, First Level

Pilling Chapel, Men’s and Women’s Toilet Rooms, Lower Level

Mueller Hall, Men’s and Women’s Toilet Rooms, First Level

Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower

Level

Hall, Unisex Toilet Room, First Level

Blackburn Hall, Language Lab Toilet Room, First Level

New Halls and Weck Hall, Public Toilet Room

Oakland Hall, Common Grounds Coffee Shop, Men’s and Women’s Toilet Rooms

i. In all facilities where public men’s and/or women’s toilet rooms are

provided, at least one lavatory faucet in each toilet room shall be operable

with one hand and shall not require tight grasping, pinching, or twisting of

the wrist. Standards 4.19.5. Millikin will make changes to the following

facilities in order to meet the requirements of this paragraph:

Treat University Center, Men’s and Women’s Toilet Rooms, Upper Level

and Lower Levels

Staley Library, Men’s and Women’s Toilet Rooms, First and Lower Level

Kirkland Fine Arts Center, Men’s and Women’s Toilet Room, First Level

Mueller Hall, Men’s and Women’s Toilet Room, First Level

Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower

Level

Hall, Unisex Toilet Room, First Level

Blackburn Hall, Language Lab Toilet Room, First Level

j. In all facilities where public men’s and/or women’s toilet rooms are

provided, at least one sink shall be provided in which the lavatory hot

water and drain pipes are insulated. Standards 4.19.4. Millikin will make

changes to the following facilities in order to meet the requirements of

this paragraph:

Treat University Center, Men’s and Women’s Toilet Rooms, Upper Level

and Lower Levels

Staley Library, Men’s and Women’s Toilet Rooms, First and Lower Level

Perkinson Music Center, Men’s and Women’s Toilet Rooms, Lower, First, and

Second Levels

Shilling Hall, Men’s and Women’s Toilet Rooms, First Level

Kirkland Fine Arts Center, Men’s and Women’s Toilet Rooms, First Level

Mueller Hall, Men’s and Women’s Toilet Room, First Level

Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower

Level

Hall, Unisex Toilet Room, First Level

Blackburn Hall, Language Lab Toilet Room, First Level

Oakland Hall, Common Grounds Coffee Shop, Men’s and Women’s Toilet Rooms

Oakland Hall, Dormitory, the ADA-designated Men’s and Women’s Toilet Rooms

k. In all facilities where public men’s and/or women’s toilet rooms are

provided, a paper towel dispenser shall be accessible for persons who use

wheelchairs. Standards 4.1.3(13), 4.27.3. Millikin will make changes to the

following facilities in order to meet the requirements of this paragraph:

Perkinson Music Center, Men’s and Women’s Toilet Rooms, Lower, First, and

Second Levels

Kirkland Fine Arts Center, Men’s and Women’s Toilet Room, First Level

Mueller Hall, Men’s and Women’s Toilet Room, First Level

Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower

Level

Hall, Unisex Toilet Room, First Level

Blackburn Hall, Language Lab Toilet Room, First Level

New Halls and Weck Hall, Public Toilet Room

l. In all facilities where public men’s and/or women’s toilet rooms are

provided, in those stalls requiring a rear toilet grab bar, the bar shall be

directly behind the toilet and shall be of sufficient length consistent with

Standard 4.17.6. Millikin will make changes to the following facility in

order to meet the requirements of this paragraph:

Shilling Hall, Men’s and Women’s Toilet Room, First Level

m. In all facilities where public men’s and/or women’s toilet rooms are

provided, and there is no separate toilet stall within the toilet room, grab

bars must be provided near the toilet consistent with Standard 4.16.4.

Millikin will make changes to the following facility in order to meet the

requirements of this paragraph:

Hall, Unisex Toilet Room, First Level

n. In all facilities where a mirror is provided in a public men’s and/or

women’s toilet or locker rooms, there shall be a lowered mirror consistent

with Standard 4.19.6. Millikin will make changes to the following facilities

in order to meet the requirements of this paragraph:

Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower

Level

Hall, Unisex Toilet Room, First Level

o. In all facilities where a wall-mounted hair dryer is provided in a public

men’s and/or women’s toilet or locker rooms, at least one hair dryer shall

be provided at an accessible location for persons who use wheelchairs.

Standards 4.27.3. Millikin will make changes to the following facility in

order to meet the requirements of this paragraph:

Griswold Physical Education Center, Women’s Locker Rooms - Lower Level

p. Where drinking fountains are provided, at least one drinking fountain

will be made wheelchair accessible. 3 Standard 4.15. Millikin will make

changes to the following facilities in order to meet the requirements of

this paragraph

Treat University Center, Upper Level, Lower Level, Dining Hall

Staley Library, All Levels

Shilling Hall, All Levels

Kirkland Fine Arts Center, First Level

New Halls and Weck Hall, Lounge

q. Where drinking fountains are provided, there shall be at least one

drinking fountain at a standard height that is accessible for individuals

who have difficulty bending or stooping. 4 Standards 4.1.3(10)(a). Millikin

will make changes to the following facilities in order to meet the

requirements of this paragraph:

Kirkland Fine Arts Center, First Level

Pilling Chapel, Lower Level

Oakland Hall, Dormitory, All Levels

r. In all facilities where coat hooks are provided, at least one hook shall

be at an accessible height for persons who use wheelchairs. Standard 4.25.3.

Millikin will make changes to the following facilities in order to meet the

requirements of this paragraph:

Treat University Center, Dining Hall

Perkinson Music Center, Men’s and Women’s Toilet Rooms, Lower, First, and

Second Levels

Pilling Chapel, Lower Level

s. In any facility where a computer for checking email is available to

students and/or faculty, a computer for checking email will be provided at

an accessible height for persons who use a wheelchair. Millikin will make

changes to the following facilities in order to meet the requirements of

this paragraph:

Stalely Library, Circulation Area, First Level

New Halls and Weck Hall, Living Area

t. In any facility where dining services are provided and where a tray rack

or conveyor is designated for placing dirty dishes, there shall be a tray

rack or conveyor of appropriate height and location such that persons who

use wheelchairs can deposit dirty dishes. Standards 5.5. Millikin will make

changes to the following facility in order to meet the requirements of this

paragraph:

Treat University Center, Dining Hall, Upper Level 5

10. Within three (3) years of the effective date of this Agreement, Millikin

University will accomplish the following:

a. In all lecture halls or classrooms with fixed tiered seating, sufficient

clear floor space on an accessible route shall be provided to accommodate a

wheelchair seating area. Standards 4.3, 4.32. Millikin will make changes to

the following facility in order to meet the requirements of this paragraph:

Shilling Hall, Classroom 317, Third Level

Shilling Hall, Classroom 322 and 327, Third Level

b. An accessible route shall be provided from the outside of all facilities

to the entrance of all facilities. Standards 4.3. If a curb ramp is used to

provide access to an entrance to a facility, such ramp shall be stable,

firm, and slip resistant, have a landing at the top and a slope of no more

than 1:12. Standards 4.3, 4.5, 4.7, 4.8. The door thresholds of exterior

doors of accessible entrances to all facilities shall be flat and have a

change in level no greater than one-half (_) inch. Standards 4.3.8, 4.13.8.

Millikin will make changes to the following areas in order to meet the

requirements of this paragraph:

Mueller Hall, Main Entrance 6

Treat University Center, Exterior Entrance at Lower Level 7

Griswold Physical Education Center, First Level Entrance, Gymnasium

Corner House, Entrance 8

New Halls and Weck Hall, Entrance, Interior Vestibule Door

c. In all facilities, all doors in public use areas and along accessible

routes shall have a clear opening width of at least 32 inches. Standard

4.13.5. Millikin will make changes to the following facilities in order to

meet the requirements of this paragraph:

Shilling Hall, Career Center, Interview Room 9

Hall, Unisex Toilet Room, Vestibule Door, First Level 10

Blackburn Hall, Language Lab Toilet Room, Vestibule Door, First Level 11

d. In all outdoor accessible routes on campus where brick pavers meet a

concrete walkway, there shall be no change in level greater than 1/2 inch.

Standards 4.3.8, 4.5.2. Millikin will make changes to the following area in

order to meet the requirements of this paragraph:

Treat University Center, Exterior Entrance at Lower Level 12

e. In all facilities where public men’s and/or women’s toilet rooms are

provided, at least one 60 inch wide accessible toilet stall shall be

provided. Standard 4.17. Millikin will make changes to the following

facilities in order to meet the requirements of this paragraph:

Treat University Center, Men’s and Women’s Toilet Rooms, Upper Level

and Lower Levels 13

Staley Library, Men’s and Women’s Toilet Rooms, First and Lower Level

Gorin Hall, Men’s Toilet Room, First Level

Kirkland Fine Arts Center, Men’s and Women’s Toilet Room, First Level

Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower

Level

Blackburn Hall, Language Lab Toilet Room, First Level

f. In all facilities where public men’s toilet rooms are provided, there

shall be at least one urinal with a lowered rim consistent with Standard

4.18.2. Millikin will make changes to the following facilities in order to

meet the requirements of this paragraph:

Treat University Center, Men’s Toilet Rooms Upper Level and Lower

Levels

Kirkland Fine Arts Center, Men’s Toilet Room, First Level

Mueller Hall, Men’s Toilet Room, First Level 14

Griswold Physical Education Center, Men’s Locker Rooms, Lower Level

g. In all facilities where public men’s toilet rooms are provided, the clear

floor space in front of urinals shall be at least 48 inches deep. Standards

4.18.3. Millikin will make changes to the following facility in order to

meet the requirements of this paragraph:

Gorin Hall, Men’s Toilet Room, First Level

h. In all facilities where public men’s and/or women’s toilet rooms are

provided, there shall be sufficient knee space and clear floor space

underneath the lavatory. Standards 4.19.2. Millikin will make changes to the

following facility in order to meet the requirements of this paragraph:

Gorin Hall, Men’s Toilet Room, First Level

i. In all facilities where public men’s and/or women’s showers are provided,

there shall be at least one accessible transfer or roll-in shower. 15

Standards 4.21. Millikin will make changes to the following facility in

order to meet the requirements of this paragraph:

Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower

Level

j. In all facilities where public telephones are provided, there shall be a

lowered telephone in a location accessible for persons who use wheelchairs.

Standards 4.31. Millikin will make changes to the following facilities in

order to meet the requirements of this paragraph:

Kirkland Fine Arts Center, First Level, Lobby Area

Griswold Physical Education Center, First Level

k. In all facilities containing a coat check area, access to the coat check

area shall be provided along an accessible route. Standards 4.3. Millikin

will make changes to the following facility in order to meet the

requirements of this paragraph:

Kirkland Fine Arts Center, Coat Check Area, First Level 16

11. The Treat University Center. Millikin University will make the

following changes to the Treat University Center:

a. As part of the renovations planned for the Treat University

Center, and within 5 years from the effective date of this Agreement,

Millikin shall:

(i) Install an elevator so that persons using a wheelchair can access each

level of the building, including all public use areas such as dining rooms,

lounges, and meeting rooms, without the use of a platform lift and without

going outside or otherwise leaving the building.

(ii) Make necessary changes to public toilet rooms such that there is

sufficient maneuvering space perpendicular to the door on the pull side for

a side latch approach (Standards 4.13.6); there is a 60 inch diameter

turning space located within each toilet room (Standards 4.22.3); there is

at least one 60 inch wide accessible toilet stall in each toilet room

(Standard 4.17); there is at least one urinal with a lowered rim in each men

’s toilet room (Standard 4.18.2).

b. Regardless of the renovations planned for the Treat University

Center, Millikin shall make all changes specified in, and in a timeframe

consistent with, ¶¶ 9(, 9©, 9(e), 9(h), 9(i), 9(j), 9(p), 9®, 10(t),

and 10(f) above.

12. Gorin Hall. Millikin University will make the following changes to Gorin

Hall:

a. The Financial Aid Office is currently located on the lower level of the

building and there is not an accessible route to the lower level. Within two

(2) years, Millikin shall locate a buzzer in an accessible area of the first

floor with a conspicuous sign indicating that persons with mobility

impairments can ring the buzzer for assistance from the Financial Aid

Office. Millikin shall send an employee to an accessible area of the first

floor to provide financial aid services to persons with mobility

impairments. Millikin shall designate an office or room in an accessible

area of the first floor so that persons with mobility impairments can work

with employees of the financial aid office in private.

b. The Museum is currently located on the upper level of the building and

there is not an accessible route to the upper level. Within two (2) years,

Millikin shall develop a computer program that provides persons with

mobility impairments a graphic and textual description of those exhibits on

display in the Museum. Such a program shall be made available either on

diskette or CD Rom, or be accessible via the internet. Millikin will ensure

that all publications and/or advertisements referencing the Museum make

reference to the computer-based alternative.

c. The women’s toilet room is currently located on the upper level of the

building and there is not an accessible route to the upper level. Standards

4.1.3. Within three (3) years, Millikin shall renovate the current first

floor men’s toilet room into a toilet room for both men and women that is

compliant with all relevant Standards. Standards 4.1.6(3)(e)(i).

13. Griswold Physical Education Center. Millikin University will make the

following changes to the Griswold Physical Education Center:

a. Within 1 year, Millikin shall add conspicuous signage near the front

level entrance indicating that an accessible pedestrian ramp to the

gymnasium entrance is provided on the northeast side of the facility.

b. At the designated-accessible entrance, Millikin shall renovate the

current ramp system so that it is compliant with Standards 4.3, 4.5, 4.7,

4.8, 4.13.

c. The pool bleachers have fixed tiered seating, and there is not sufficient

clear floor space on an accessible route to accommodate any wheelchair

seating areas. Standards 4.3, 4.32. Within 3 years, Millikin shall make any

necessary policy and/or structural changes to allow persons who use

wheelchairs to view events occurring in the pool area, including, but not

limited to, creating a sufficient clear floor space on an accessible route

at the pool level area to accommodate wheelchair seating.

14. New Halls and Weck Hall. Immediately upon the effective date of this

Agreement, Millikin University shall eliminate the " accessible " designation

and provide substitute accessible rooms and bathrooms at Oakland Hall. In

addition, in order to provide an accessible route from New Halls and Weck

Hall to campus, Millikin shall within three (3) years:

a. provide a curb ramp at the marked crossing in front of New Hall 2

(Standards 4.3, 4.7); and

b. modify the curb ramp in front of New Hall 3 and New Hall 4 such that it

is stable, firm, and slip resistant; it has a slope that does not exceed

1:12; and there is no change in level at the top of the curb ramp.

(Standards 4.3, 4.5, 4.7)

15. Oakland Hall. Millikin University will make changes to Oakland Hall

consistent with the following:

a. In the designated accessible room Millikin shall adjust the door so that

it requires no more than 5 lbf to open (Standards 9.2.2(3), 4.13.11).

b. In the designated accessible bathroom Millikin shall within one (1) year

of the effective date of this Agreement:

(i) insulate the lavatory hot water and drain pipes (Standards 9.2.2(6)(e),

4.23.6, 4.19.4)

(ii) provide a shower seat (Standards 9.1.2, 9.2.2(6)(e), 4.21, Fig.57);

(iii) provide a rear grab bar in the roll-in shower (Standards 9.1.2,

9.2.2(6)(e), 4.21, Fig.57.)

c. In order to provide an accessible route from Oakland Hall to campus

Millikin shall within one (1) year of the effective date of this Agreement:

(i) provide a curb ramp or curb cut at Oakland Avenue (Standards 4.1.2 (2),

4.3, 4.7);

(ii) provide conspicuous signage indicating the location of the accessible

route from Oakland Hall to campus.

d. In the dormitory rooms which have not been designated accessible, in

order to make the bathrooms within each room more usable for persons who use

wheelchairs, Millikin shall, upon request of any student living in, or

scheduled to live in, Oakland Hall, promptly enlarge the clear opening width

of the doorway. This may be accomplished by the installation of an " offset "

or specialized hinge to the bathroom door that widens the clear opening of

the doorway. In the event that the specialized hinge is not effective,

Millikin shall alter the doorway to comply with standard 9.4.

16. Scovill Hall. Millikin University will make the following changes to

Scovill Hall:

a. No changes will be necessary prior to the scheduled move of the science

department from Scovill Hall to the new science building. No changes will be

necessary while Scovill Hall remains vacant and prior to planned

renovations.

b. As part of the renovations planned for Scovill Hall, Millikin shall

ensure that the renovations comply with all relevant Standards, including,

but not limited to, the following:

(i) where drinking fountains are provided, at least one drinking fountain

will be made wheelchair accessible. Standard 4.15.

(ii) where public men’s and/or women’s toilet rooms are provided, signage

with Braille and raised letters will be provided on the latch side of the

door to the toilet room (Standards 4.30.4, 4.30.5, 4.30.6); all lavatory hot

water and drain pipes shall be insulated (Standards 4.19.4); at least one 60

inch wide accessible toilet stall shall be provided (Standard 4.17); the

clear opening width of the vestibule doors is at least 32 inches (Standards

4.13.5); there shall be at least one urinal (in men’s toilet rooms) with a

lowered rim consistent with Standard 4.18.2.

(iii) in all lecture halls or classrooms with fixed tiered seating,

sufficient clear floor space on an accessible route shall be provided to

accommodate a wheelchair seating area. Standards 4.3, 4.32.

(iv) all doors in public use areas and along accessible routes shall have

hardware that does not require tight grasping and twisting of the wrist.

Standards 4.13.9.

(v) to the extent the elevator requires a key to operate, such key shall be

readily available to persons with mobility impairments.

17. In future construction of dormitories, where dormitory rooms contain a

bathroom, the clear opening width of all bathroom doors shall be at least

32 " . Standards 9.4, 4.13.5.

18. Any structural changes undertaken pursuant to this Agreement, including,

but not limited to, alterations to facilities listed in ¶¶ 9 - 16 above,

will meet the applicable alterations requirements of the Standards.

19. All buildings and facilities constructed or altered by Millikin

University after the effective date of this Agreement will comply with

applicable laws and the ADA Standards governing accessible design.

20. Assistive listening devices will be made available in assembly areas

pursuant to the Standards. Within three (3) years of the effective date of

this Agreement, Millikin shall provide eight (8) receivers in Kirkland Fine

Arts Center. Signage will be installed to notify patrons of the availability

of the listening system (Standards §§ 4.1.3(19)(, 4.33.6, 4.33.7).

21. All auditoriums and theaters containing more than 300 seats will contain

accessible seating equal in number to that required by the Standards, and

each accessible seating location will have a fixed companion seat next to

it. Accessible seating areas will be provided in more than one location

(Standards §§ 4.1.3(19)(a), 4.33). With respect to the Kirkland Fine Arts

Center, within three (3) years of the effective date of this Agreement,

Millikin shall retrofit row 27 of the auditorium such that six wheelchair

seating areas exist.

22. As public telephones are replaced, they will be replaced by telephones

that meet the Standards until the scoping provisions of the Standards are

met in each facility (Standards §§ 4.1.3(17), 4.31).

23. Millikin will continue to make its map of accessible circulation paths

and other accessible features widely available and will reasonably update

the map.

Implementation and Enforcement of the Agreement

24. This Agreement is a public document. A copy of this document or any

information contained in it may be made available to any person. Millikin

University shall provide a copy of this Agreement to any person upon

reasonable request.

25. Millikin University will provide progress reports to the DOJ within 90

days after each deadline in this Agreement. The reports will describe all

modifications completed or begun since the previous deadline.

26. The DOJ may review compliance with this Agreement upon reasonable

written notice to Millikin University by sending representatives to inspect

any Millikin University facility, either existing or under construction,

that is covered by this Agreement. In addition, Millikin University shall

provide the Department of Justice with architectural drawings of planned

facilities not yet under construction upon request and reasonable notice, at

the DOJ’s expense.

27. If the DOJ reasonably believes that this Agreement has been violated, it

may institute a civil action in Federal district court seeking enforcement

of this Agreement or enforcement of the requirements of the ADA following

written notice to Millikin University of the possible violation and a period

of ninety (90) days in which Millikin University has the opportunity to cure

the alleged violation.

28. Failure by the DOJ to enforce this entire Agreement or any provision

thereof with respect to any deadline or any other provision herein will not

be construed as a waiver of its right to enforce other deadlines and

provisions of this Agreement.

29. The effective date of this Agreement is the date of the last signature

below. The duration of this Settlement Agreement will be five (5) years from

the effective date.

30. This Agreement constitutes 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 or agents of either party, that

is not contained in this written Agreement, will be enforceable under its

provisions.

31. This Agreement resolves the alleged violations of title III of the ADA

and the Department of Justice’s implementing regulation, 28 C.F.R. Part 36

for the buildings and structures addressed in this Agreement and does not

purport to remedy any other violations of the Americans with Disabilities

Act or any other Federal law. This Agreement does not affect Millikin

University's continuing responsibility to comply with all aspects of title

III of the ADA.

32. Upon execution of this Agreement and for the duration of this Agreement,

provided that all of the obligations are timely met, the United States

agrees that the changes to facilities implemented by Millikin University

render those facilities sufficiently accessible to persons with disabilities

in order to resolve the investigation referenced in ¶ 2 above.

33. The signer of this document for Millikin University represents that he

or she is authorized to bind Millikin University to this Agreement.

For the United States:

Ralph F. Boyd, Jr.

Assistant Attorney General

for Civil Rights

By: ______________________________

L. Wodatch, Chief

L. Irene Bowen, Deputy Chief

Alyse Bass, Trial Attorney

Werfel, Trial Attorney

Disability Rights Section

Civil Rights Division

U.S. Department of Justice

P.O. Box 66738

Washington, D.C. 20035-6738

(202) 514-5510

Date ____March 14, 2002____________

For Millikin University:

By: _____________________________

D. Reck

Vice President for Finance and Business Affairs

Millikin University

Date ________March 7, 2002________

___________________________

Footnotes

1. The United States Departments of Justice, Education, and Housing and

Urban Development also received complaints under the Fair Housing Act with

respect to " The Woods " apartment complex, a privately owned student housing

complex located adjacent to Millikin University campus. Nothing in this

Agreement should be construed to resolve or terminate any federal

investigation of any entity, including Millikin University, with respect to

" The Woods. " (return)

2. For the purposes of this Agreement, the addition of an accessible table

at these locations is sufficient to comply with the requirements of this

paragraph. (return)

3. For the purposes of ¶ 9(p), a drinking fountain will be considered

accessible if a disposable cup dispenser is provided at an accessible height

rendering the drinking fountain usable for persons using a wheelchair.

(return)

4. For the purposes of ¶ 9(q), a drinking fountain will be considered

accessible if a disposable cup dispenser is provided at an appropriate

height rendering the drinking fountain usable for persons who have

difficulty bending or stooping. It is Millikin’s intention to comply by

providing accessible cup dispensers, rather than reconfiguring the current

drinking fountains. (return)

5. It is Millikin’s intention to provide a tray rack, rather than to

reconfigure its current conveyor. (return)

6. Because Millikin plans to raze this building within 2 - 4 years of the

effective date of this Agreement, changes to Mueller Hall are not required

until September 30, 2005 and then only if the building is still in use at

that time. (return)

7. This change will not be required provided that: (1) renovations on the

Treat University Center have begun within three (3) years of the

date of this Agreement; and (2) said renovations will comply with the

requirements of ¶ 10 ( of this Agreement as well all relevant requirements

of the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A.

(return)

8. No structural changes to the Corner House will be necessary for four

years from the effective date of this Agreement. During this time, Millikin

will, on request, relocate any scheduled activities or events to an

accessible location. After the four years have expired, Millikin University

will make any changes required by ¶10( only if the facility is a public

use area. (return)

9. In complying with this requirement, Millikin University can provide

persons with disabilities an alternative room to participate in interviews

as long as: (a) Millikin provides notice of the availability of this room;

( the door to this room is in a public use area along an accessible route

and has a clear opening width of at least 32 inches; and © the room is

otherwise accessible. (return)

10. This change shall be completed within five (5) years of the effective

date of this Agreement. (return)

11. This change shall be completed within five (5) years of the effective

date of this Agreement. (return)

12. This change will not be required provided that: (1) renovations on the

Treat University Center have begun within three (3) years of the

date of this Agreement; and (2) said renovations will comply with the

requirements of ¶ 10 (d) of this Agreement as well all relevant requirements

of the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A.

(return)

13. This change will not be required provided that: (1) renovations on the

Treat University Center have begun within three (3) years of the

date of this Agreement; and (2) said renovations will comply with the

requirements of ¶ 10 (e) of this Agreement as well all relevant requirements

of the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A.

(return)

14. Because Millikin plans to raze this building within 2 - 4 years of the

effective date of this Agreement, changes to Mueller Hall are not required

until September 30, 2005 and then only if the building is still in use at

that time. (return)

15. For the purposes of this Agreement, a shower will be considered

accessible if a hand-held shower spray unit with appropriate length hose and

an accessible shower seat is provided rendering the shower usable for

persons who use wheelchairs. (return)

16. To meet this requirement, it is Millikin’s intent to add a coat check

table to the ground level or provide an alternative means for checking coats

and provide notice of the availability of this service.