OCR Letter: University of Arizona

Dr. Manuel T. Pacheco
President
University of Arizona
Administration Building, Room 712
Tucson, Arizona 85721
Complaint No. 08-93-2012

The U.S. Department of Education, Office for Civil Rights (OCR), has completed its investigation of the complaint filed against the University of Arizona (hereinafter the "University"). The complaint was filed pursuant to Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C § 794, and its implementing regulation at Title 34, Code of Federal Regulations (C.F.R.), Part 104, which prohibit discrimination on the basis of disability in any program or activity receiving Federal financial assistance, and Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C. § 12134 and its implementing regulation at Title 28, C.F.R., Part 35, which prohibit discrimination on the basis of disability by public entities. The University is a recipient of Federal financial assistance from the U.S. Department of Education and is a public educational entity subject to the requirements of Section 504 and Title II.

The complainant alleged that when he attended a play on the University campus at Marroney Theater (Theater), the building was inaccessible to him and other mobility-impaired persons.

OCR investigated the following issue:
Whether the University discriminates on the basis of disability by having a Theater that is inaccessible to the complainant and other mobility-impaired individuals in violation of 34 C.F.R. §§ 104.22(a) and (b), 104.23(a)(b) and (c), 28 C.F.R. §§ 35.149, 35.150(a) and (b), 35.151(a)(b) and (c) and 35.163(a) and (b).

OCR's investigation included a review and analysis of records and documents pertinent to the issues in the complaint. OCR conducted interviews with the complainant and 11 University administrators and faculty. OCR also completed a program and activities accessibility study at the Theater. We have concluded that the University is not in compliance with Section 504 and its implementing regulation at 34 C.F.R. Part 104 and Title II and its implementing regulation at 28 C.F.R. Part 35. The University has submitted a corrective action plan that contains provisions sufficient to correct the cited violations. The factual and legal bases for our determination are set forth below.

Theater Accessibility

The original Theater was constructed in 1955 and seats 332 patrons, six of those spaces are wheelchair accessible. The Theater staff informed OCR that there have never been more than two patrons in wheelchairs at any single performance. An addition to the existing complex was built in 1990. It includes a scene paint shop on the main level and dressing rooms, including make-up rooms, and a costume shop in the basement.

The Theater hosts 80-90 performances annually with a total audience of about 20,000 persons. Approximately 90 percent of all performances are sold out. None of the 23 classes offered in the Theater complex are in the Theater itself, but rather in basement classroom facilities. There are no mobility-impaired individuals currently enrolled in the Theater Arts program.

Program Accessibility

OCR inspected those parts of the Theater that were constructed prior to June 3, 1977, using program accessibility standards. Program accessibility standards require that the programs and activities conducted at the Theater be accessible to and usable by mobility-impaired persons, when viewed in their entirety. The Senior Program Coordinator of CEDRR, a mobility-impaired individual who uses a wheelchair, accompanied the OCR investigative team on the program accessibility segment of the Theater inspection.

OCR found that the lobby entrance to the Theater and its walkways are accessible to and usable by disabled patrons and students, enabling them to buy tickets, use the office telephone, and the drinking fountains. Entry-accessible men's and women's restrooms are also available in the lobby for patron use.

Mobility-impaired persons can access the main Theater stage and seating area through the ground-level side entrance doors. The walkways leading to the accessible entrances are usable by mobility-impaired persons. The backstage door located at one side entrance is button operated permitting persons in wheelchairs to access the stage area, the scene shop, and the basement. OCR found that the disabled seating area which can adequately accommodate six mobility-impaired persons in wheelchairs is not segregated from other seating, and is not located on a platform away from other seating as the complainant alleged. Wheelchair seating is located in two specific areas but is not removed from other seating and does not prevent the Theater from being accessible to or usable by disabled persons.

The majority of the routes and walkways within the Theater are accessible. Two areas in the basement are not readily accessible to mobility-impaired students: a large chest blocks disabled student access to the wig room and an area in the main basement hallway is narrowed by lockers. Both of these obstructions raise accessibility problems.

OCR found the remainder of the Theater, including the drama program and the 23 classes it offers, accessible to and usable by disabled persons, when viewed in its entirety.

Existing Facilities--ANSI 1971

Under Section 504, ANSI standards apply to buildings constructed after June 3, 1977 and before January 18, 1991. OCR inspected the Park Avenue Parking Garage, the curb ramps, the ramps, the entrances and doors, the elevator, the accessible route, the toilet rooms, the drinking fountains, the warning signals and the public telephones in the Theater for conformance to ANSI 1971 standards. All of the above areas were either constructed or altered in a manner affecting accessibility between June 3, 1977 and January 18, 1991. Under Title II, facilities constructed prior to January 26, 1992, are reviewed as existing facilities under a program accessibility standard. However, a public entity is required to provide signage directing users to accessible entrances. OCR found compliance problems in the following areas:

There is no signage at the lobby main entrance to direct students and patrons with disabilities to the accessible side entrance Theater doors. Title II requires that public buildings, regardless of construction date, must display accessible entrance signage to include the international symbol for accessibility.

There is no signage at the accessible side entrance Theater doors. Title II requires that public buildings display accessible entrance signage to include the international symbol for accessibility.
A pipe hanging in the basement hallway has a clearance of 741/4 inches; ANSI standards require a minimum clearance of 84 inches.

In the men's make-up toilet room the stall door swings inward; ANSI standards require that stall doors swing outward. The stall entrance is 30 inches wide; ANSI standards require stall entrances to be at least 32 inches wide. There are no grab bars in the disabled stall; ANSI standards require that there be grab bars on both sides of the stall mounted at a height of 32 inches. The toilet seat is 161/2 inches high; ANSI standards require toilet seats to be 20 inches high. The wall-mounted urinal basin is 201/2 inches above the floor; ANSI standards require that the basin opening be 19 inches high. The paper towel dispenser is 58 inches high; ANSI standards require paper towel dispensers to be no more than 40 inches high.

In the women's make-up toilet room the stall door swings inward; ANSI standards require that stall doors swing outward. The entrance to the disabled stall measures 241/2 inches; ANSI standards require that stall entrances be a minimum of 32 inches. There are no grab bars in the disabled stall; ANSI standards require that there be grab bars on both sides of the stall mounted at a height of 32 inches. The toilet seat is 161/2 inches high; ANSI standards require that disabled toilet seats be 20 inches off the ground. The paper towel dispenser is 50 inches high; ANSI standards require paper towel dispensers to be mounted at no more than 40 inches high.

In the men's lobby toilet room the grab bars in the disabled stall are 32 inches high; ANSI standards require that grab bars be mounted at 33 inches. The toilet seat is 221/2 inches off the ground; ANSI standards require a seat height of 20 inches. The urinal basin opening is 21 inches high; ANSI standards require that wall-mounted urinal basins be 19 inches high.

In the women's lobby toilet room the disabled toilet seat is 211/2 inches high; ANSI standards require that toilet seats be 20 inches high. The soap dispenser is 41 inches high; ANSI standards require a maximum height of 40 inches.

The Theater lobby warning system does not provide required visual cues. ANSI 1971 standards require that the signals have both visual and audible capabilities.

The public telephone in the front of the Theater is 50 inches high; ANSI 1971 standards require that the highest operable part of a public telephone be no more than 48 inches.

New Construction/Alterations--UFAS

UFAS standards apply to construction and alterations begun on or after January 18, 1991 under 504 and on or after January 26, 1992, under Title II. OCR inspected the Harvill Parking lot for conformance to UFAS standards because it was restriped in June of 1992. OCR found compliance problems in the Harvill lot in the following areas:

There are no access aisles in the automobile parking spaces; UFAS standards require an access aisle of 60 inches.

Access aisles in the van spaces measure 47 inches wide; UFAS standards require a minimum width of 96 inches.

The University has submitted the enclosed corrective action plan, which contains provisions deemed sufficient by OCR to correct the cited violations. Therefore, OCR is closing this case effective the date of this letter. This letter addresses only the issue listed above and should not be interpreted as a determination of the University's compliance or noncompliance with Section 504 or the ADA in any other respect.

Continued compliance is contingent upon the University implementing the provisions of the corrective action plan. Failure to perform the actions in question may result in a finding of noncompliance. According to OCR's standard practice, compliance with commitments and assurances will be monitored.

Individuals filing a complaint or participating in an investigation are protected against harassment, retaliation, or intimidation by 34 C.F.R. § 100.7(e). Under the Freedom of Information Act, 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.

Thank you and your staff for the cooperation extended to OCR's staff during the investigation. If you have any questions regarding this letter, you may call me at (303) 844-5695, or your staff may call Ms. Nancy L. Haberkorn, Director, Compliance Enforcement Division I, at (303) 844-2991.

Cathy H. Lewis
Regional Director