75 PARK PLACE NEW YORK, NEW YORK 10007
MAR 29 1996
Ms. Patricia Bromberger 35 Seacoast Terrace, Apt. 3B Brooklyn, New York 11235
Re: Case no. 02-95-2145
Dear Ms. Bromberger:
On May 17, 1995, the New York Regional Office for Civil Rights (OCR) received the above-referenced complaint filed against Brooklyn College of the City University of New York (the College). On July 17, 1995, August 22, 1995, and August 25, 1995, respectively, OCR received additional information from you concerning your complaint.
You allege that the College discriminates on the basis of disability. Specifically, you allege that you were not provided with academic adjustments and auxiliary aids, and were not provided access to other services and programs at the College. You also allege that various components of the College campus and/or programs are not accessible to students with physical disabilities. Finally, you allege that, in February 1995, you were terminated from your position as a College Assistant because you engaged in protected activity on behalf of students with disabilities. As stated in OCR's letter to you dated October 3, 1995, your allegations regarding accessibility are being addressed by OCR as part of this office's ongoing monitoring of accessibility issues at the College, under case number 02-90-2075. Because your employment allegation is being pursued by you through the College's internal grievance procedures, OCR has not investigated that allegation, and it is not addressed herein.
OCR has jurisdiction over complaints alleging discrimination on the basis of disability that are filed against recipients of Federal financial assistance from the U.S. Department of Education and programs or activities that receive or benefit from such assistance. OCR has jurisdiction over these complaints pursuant to Section 504 of the Rehabilitation Act of 1973 (Section 504), as amended, 29 U.S.C. Sec. 794 et seq., and its implementing regulation at 34 C.F.R. Part 104, which prohibit such discrimination. OCR has determined that the College receives financial assistance from the Department and, therefore, is subject to the provisions of Section 504.
Additionally, OCR has jurisdiction over complaints alleging discrimination on the basis of disability that are filed against public elementary and secondary education systems and institutions, public institutions of higher education and vocational education (other than schools of medicine, dentistry, nursing, and other
jurisdiction over these complaints as a designated agency under Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. Sec. 12101 et seq., and its implementing regulation at 28 C.F.R. Part 35, which prohibit such discrimination. Accordingly, the College is also subject to the provisions of Title II of the ADA.
The College has agreed to implement the enclosed resolution agreement which addresses your remaining allegations. Implementation of this resolution agreement will be monitored by this office. Failure to implement the written resolution agreement will result in OCR's immediate resumption of its complaint resolution activities.
This letter is not intended, nor should it be construed, to cover any issues regarding the Board's compliance with Section 504 or the ADA that are not discussed herein.
The College has been advised that a U.S. Department of Education regulation prohibits the College from harassing or intimidating an individual who has filed a complaint or participated in actions to secure protected rights. If this should occur, the individual may file a separate complaint alleging such harassment or intimidation.
Under the Freedom of Information Act, 5 U.S.C. 552, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request, we will seek to protect, to the extent provided by law, personal information which, if released, could constitute an unwarranted invasion of privacy.
If you have any questions, please contact Jonathan Rosenberg at (212) 637-6326.
Ronaldo Alvarado Compliance Division Director
Enclosure As stated
cc: Alan Fuchsberg, Esq. The Jacob D. Fuchsberg Law Firm 500 Fifth Avenue New York, New York 10110-0393
Resolution Agreement Case Nos. 02-95-2142, 02-95-2143, 02-95-2144, 02-95-2145, 02-95-2147, 02-96-2014
In order to resolve the issues pertaining to services for students with disabilities in the above-referenced cases, Brooklyn College of the City University of New York (the College) will take the following actions pursuant to Section 504 of the Rehabilitation Act of 1973 (Section 504), as amended, 29 U.S.C. 794, and its implementing regulation at 34 C.F.R. Part 104; and Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq., and its implementing regulation at 28 C.F.R. part 35:
1. Readers.
The College will ensure that, upon timely prior request, readers will be made available on-campus in a timely fashion to any disabled student who requires reader services. The College will provide readers, either volunteer or reimbursed, who are qualified to read in the subject area in which reader services are required. The College will develop, maintain, and update a list of available qualified readers. As used in this paragraph, a "qualified" reader is an individual who can clearly convey the information in the reading material.
The College will not require monetary expense by a disabled student to pay for reader services which are required as an auxiliary aid or academic adjustment by the student. The College will explain to all eligible disabled students that there is no requirement that students first seek other sources of funding for reader services, such as funding provided by Vocational and Educational Services for Individuals with Disabilities (VESID), before obligating the College to provide such services. However, students who are current VESID clients may be required to submit forms to VESID seeking payment or reimbursement to the College for reader services, provided that this requirement is not unduly burdensome for individual students. The College will pay for the provision of reader services to the extent necessary to provide effective access to disabled students to the College's programs, services, and activities.
At the College's request, while operating under the terms of the foregoing paragraph of this agreement, OCR will inform the College of the extent to which the obligation to apply to VESID for eligibility and/or funding may be imposed on students with disabilities.
The College will draft a policy on reader services, consistent with the above. After review of the policy by OCR, the policy will be distributed to all known disabled students who are potentially eligible for the receipt of reader services, and will be fully implemented by the College. The policy will be incorporated in the Services for Students with Disabilities Program (SFSWD) Handbook.
2. Computer Services.
The College will contact students registered with the Services for Students with Disabilities Program who are known to have visual impairments to offer training in the use of the adaptive computer equipment and programs available in College computer labs and centers.
The College will modify with adaptive equipment a sufficient number of computers designated for student use to provide comparable access to computers to the College's students with visual impairments for the same hours and under the same conditions as such services are provided to non-disabled students. If a student with a disability requires adaptive equipment in computers designated for student use in order to have access to programs and activities, upon timely prior notice the College will provide such adaptive equipment or other aids in a timely and effective manner.
By April 30, 1996, a directive from a senior administrative officer will notify all College departments as to the policy regarding accessibility of computer laboratories and centers (e.g., the library and the Atrium) to students with disabilities. The policy will ensure that College faculty and administrative staff are responsive to identified needs for access to computer laboratories and centers. The College will identify and assign technical and support staff to implement the policy.
By December 15, 1996, the College will develop a multi-year plan to ensure that each computer laboratory or center designated for student use provides equivalent access to students with disabilities. The College will ensure that, by September 1, 1996, all locations which provide computer- related services to students have at least one computer workstation that is accessible to students with mobility impairments. Where access to computer-related services is impeded due to structural accessibility concerns, accessibility will be provided in accordance with the timeframes in the College's campus-wide accessibility capital project, undertaken pursuant to the resolution agreement in case number 02-90-2075.
If a student with a disability is engaged in a course of study which will require long-term access to computer services, the College will provide adaptive equipment or other auxiliary aids in a manner to ensure such long-term access. The College will ensure that departmental personnel cooperate with College computer staff, disabilities services staff, and the student engaged in the course of study in order to develop a plan that anticipates the student's needs and provides effective and timely auxiliary aids.
3. Services for Students with Disabilities Program.
The College will ensure that students with disabilities are provided with equivalent access to all services available to non-disabled students during the same hours as for non- disabled students. Because of the critical role of the Services for Students with Disabilities Program (SFSWD), the College will keep the SFSWD offices open and staffed with informed staff during regular College business hours.
4. Availability of Written Materials in Alternative Formats.
The College will make available in a reasonable and timely manner to students with disabilities the printed materials used in its programs in mediums which effectively allow students with disabilities equivalent access to the materials. The College will consider providing printed materials in the student's preferred medium. Where the preferred medium is not provided, the College will keep documents detailing the reasons for the decision and noting the alternative provided which was equally effective.
Written materials for the purposes discussed above include student handbooks, class schedules, and other materials produced by the College, as well as written materials and publications from other sources used by the College in its programs and activities.
With respect to course materials, upon timely prior notice to the College by a disabled student, the College will take the steps necessary within its control to ensure that applicable textbooks will be made accessible to the student no later than the start of the semester. If texts are unavailable to students and relevant portions are provided to the class, such material will be provided in an accessible format at the time the reading assignment is made to the class or, if the assignment is due more than one month after the date the semester commences, then at least one month before the due date of the assignment. Upon timely prior notice, course handouts will be made available in an accessible format when distributed to the class. Upon timely prior notice, students whose disability requires that they be provided with material on an earlier basis than their classmates will continue to be provided with material on such an earlier basis as an auxiliary aid or academic adjustment. Timely prior notice for the above purposes does not require that notice be given more than once for each type of course material in a given course.
The College recognizes that, to be effectively communicated, some subjects (e.g., calculus, physics, foreign languages) involve particular difficulties in providing course materials in an accessible format. With respect to such subjects which pose particular difficulties in providing course material in an accessible format, the College will take reasonable steps necessary to provide course materials and examinations in an appropriate medium.
The College will prepare a policy on the provision of written materials in alternate formats for disabled students who require such services as auxiliary aids. This policy will, after review by OCR, be disseminated to all faculty, administrative staff, and organizations receiving significant assistance from the College. The College may require that students undertake non-burdensome personal administrative tasks, provided that such tasks do not involve any monetary cost, other than that required of all students, to the students. For example, the College may require a student to: call a publisher to obtain a complimentary copy of a textbook; prepare, with the College's assistance if necessary, applications to agencies that provide books in an accessible format, such as books on tape.
5. Library Services.
By March 30, 1996, the College will establish a team of individuals to evaluate accessibility in the library. Special attention will be taken to assess the appropriateness of services available to accommodate visually impaired students. By June 30, 1996, the College will provide OCR with a copy of the team's accessibility report, and a summary of steps taken/to be taken to make its library research resources accessible to individuals with visual impairments.
6. Provision of Accommodations by Faculty and Instructional Staff.
The College will develop for OCR review a policy regarding the implementation by instructors of auxiliary aids and academic adjustments. The policy will include the designation of persons responsible for enforcing the policy. Upon review by OCR, the policy will be disseminated to all students with disabilities, instructional staff, and department heads. During the first week of the Fall semester of 1996, the College will notify the faculty and administrative staff of their obligation to implement appropriately documented requests for auxiliary aids or academic adjustments. The College will take ongoing steps beginning with the 1996-1997 academic year to reinforce this obligation.
7. Policy Regarding Moving Classes due to Elevator Breakdowns.
The College will submit a draft policy to OCR concerning the moving of classes and other programs due to elevator breakdowns. The policy will include specific timeframes for how long an elevator will be out of service before classes must be moved, alternate means of providing access for disabled students based on short-term breakdowns, and the specific responsibilities of College personnel (instructional staff, department heads, facilities staff, SSDP staff) for implementation of the policy. Once OCR has reviewed the policy, the College will disseminate it to all departments, instructional staff, and disabled students.
8. Self-Evaluation Plan under the ADA.
By September 1, 1996, the College will complete a self- evaluation plan, as required by the Americans with Disabilities Act, and will submit a copy of the plan to OCR.
9. The College maintains a TDD telephone number for use by individuals with hearing impairments. The College will ensure that personnel responsible for responding to TDD calls are trained in the use of the TDD apparatus.
10. The College will ensure that all services provided by the office of security to students are provided to disabled students as well, including but not limited to the transportation of students at night to the College parking lot.
11. The College will ensure that parking spaces which are designated for individuals with disabilities are not used by other vehicles, and will develop a written policy regarding enforcement of this requirement. The policy will designate the individual(s) responsible for enforcement of the requirement and sanctions for owner or operators of non- complying vehicles.
12. The College will revise its policy regarding the provision of copying services to students with disabilities. The revised policy will ensure that a case-by-case determination is made regarding the provision of copying services based on a student's disability-related needs.
13. With respect to the complainants in this case, the College assures OCR that it will:
a. Offer Julio Perez the opportunity to re-enroll during the 1996 to 1997 academic year at no cost in each of the four courses from which he withdrew during the Fall 1994 semester, provided that such courses are offered.
b. Ensure that any grade of "WF" (withdrawal with failure) received by Julio Perez during the Fall 1994 semester is changed to a grade of "W" (withdrawal).
c. Provide the complainants with appropriate forms and assistance, in order to petition to remove any failed or other grades or withdrawals received by them from the Fall 1994 semester through the Fall 1995 semester which resulted from the unavailability of adaptive equipment or other auxiliary aids, or from the failure to provide appropriate academic adjustments and/or auxiliary aids.
d. Provide the complainants with appropriate forms and assistance, in order to petition for monetary reimbursement for expense directly incurred to provide reader services from the Fall 1994 semester through the Spring 1996 semester. Upon an adequate showing by a complainant of specific monetary expense due to the College's failure to provide/pay for requested and necessary reader services, the College will ensure that the complainant is fully reimbursed for an amount not to exceed five hundred dollars ($500).
e. Provide Welinel Saintilaire with appropriate forms and assistance, in order to petition for monetary reimbursement for expense directly incurred to pay for courses or materials for Core 3 - Political Science (taken in Summer 1995), and for Statistics (taken in Fall 1994). Upon an adequate showing by Mr. Saintilaire of specific monetary expense due to the College's failure to provide requested and necessary academic adjustments and/or auxiliary aids, the College will ensure that Mr. Saintilaire is fully reimbursed for an amount not to exceed five hundred dollars ($500).
Monitoring:
OCR will monitor the College's compliance with the terms of this resolution agreement. Specifically, the College will provide OCR with the following items:
By May 31, 1996, a copy of the draft policy regarding provision of reader services. After OCR's review of the policy, proof of dissemination of the policy to all students with disabilities, instructional staff, and relevant administrative personnel.
By August 20, 1996, a copy of the directive sent to College departments regarding accessibility of computer services to students with disabilities.
By December 30, 1996, a copy of the multi-year plan to ensure that each computer laboratory or center designated for student use contains adequate adaptive hardware and software.
By April 30, 1996, a copy of an announcement to students with disabilities regarding the hours of operation and availability of services at the SFSWD office.
By September 1, 1996, a copy of the draft policy regarding the provision of written materials, including course materials, in alternate formats. After OCR's review of the policy, proof of dissemination of the policy to all known students with disabilities, instructional staff, and relevant administrative personnel.
By March 30, 1996, the list of individuals appointed to be members of the "library team."
By June 30, 1996, a copy of the library team's accessibility report., with interim steps taken/to be taken to make its research resources accessible to students with visual impairments.
By September 20, 1996, a copy of the notice to faculty and administrative staff regarding the policy for provision by instructional staff of auxiliary aids and academic adjustments. By August 20, 1996, proof of dissemination of the policy to all known students with disabilities.
By April 15, 1996, a copy of the draft policy regarding elevator breakdowns. By September 15, 1996, proof of dissemination of the policy to all known students with disabilities, instructional staff, and relevant administrative personnel.
By September 1, 1996, a copy of the College's self-evaluation plan under the Americans with Disabilities Act.
By April 30, 1996, information regarding the College's TDD telephone line, and the titles of those persons trained in its use.
By April 30, 1996, a draft copy of the revised SFSWD Handbook.
By September 1, 1996, information regarding steps taken to ensure that services provided by the department of security are available to individuals with disabilities.
By June 15, 1996 and December 15, 1996, information pertaining to item "13" in the resolution agreement, including but not limited to documentation of petitions filed by the complainants and decisions made with regard to those petitions.
By December 15, 1996, all information regarding instances of enforcement of the policies regarding elevator breakdowns, parking, provision of auxiliary aids and academic adjustments by instructional staff.
By June 15, 1997, updates on implementation of both the multi-year plan for provision of computer services and the library plan.
OCR will request additional information and/or conduct site visits as necessary to monitor the terms of this agreement.
___________________ _________________ Robert E. Diaz Date Attorney for Brooklyn College and CUNY General Counsel and Vice Chancellor for Legal Affairs The City University of New York 535 East 80th Street New York, New York 10021
By: Esdras Tulier Assistant Counsel