OCR Letter: Grand Valley State University

Mr. Arand D. Lubbers
President
Grand Valley State University
22 JHZ, 1 Campus Drive
Allendale, Michigan 49401

This letter is to advise you of the disposition of the complaint filed against Grand Valley State University (University) on May 9, 1997. The complaint alleged that the University discriminated against disabled persons by failing to provide accessible housing in the Townhouse I student housing project.

As a public education institution that is also a recipient of Federal financial assistance from the U.S. Department of Education, the University is subject to the provisions of Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990 (ADA), which prohibit discrimination based upon disability. Accordingly, OCR has jurisdiction over this complaint.

The complainant asserted that in 1997 the University completed construction of the student housing development, Townhouse I, and that it was inaccessible to mobility impaired individuals. The University asserted that the newly constructed Townhouse I did not have to be accessible because there was only one student with a mobility impairment in University housing and there were 59 available beds for persons with mobility impairments. The University asserted that it could meet the needs of potential mobility impaired students with its present dormitory rooms that were accessible to mobility impaired individuals. The Townhouse I development was not accessible to mobility impaired individuals because, in part, all of the entrances had steps to approach them and all bedrooms were on the second floors with no elevators, ramps or other means of access for mobility impaired individuals.

The implementing regulation of Section 504 of the Rehabilitation Act at 34 C.F.R. 104.23 and the implementing regulation of Title II of the ADA at 28 C.F.R. 35.151 are applicable to any facility or part of a facility where construction commenced after June 3, 1977 (Section 504) or January 26, 1992 (Title II of the ADA), respectively. The regulations at 34 C.F.R. 104.23(a) and 28 C.F.R. 35.151(a) require that all facilities or part of a facility constructed by, on behalf of, or for the use of a recipient or a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after the effective date as described above. The regulations at 34 C.F.R. 104.23(b) and 28 C.F.R. 35.151(b) also state that each facility or part of a facility which is altered by, on behalf of, or for the use of a recipient after the effective date of this part in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities. Further, the Section 504 regulation at 34 C.F.R. 104.23(c) delineated the American National Standards Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped [ANSI 117.1-1961 (1971)] (ANSI) as a minimum standard for determining accessibility for facilities constructed or altered on or after June 3, 1977 and before January 18, 1991, and the Uniform Federal Accessibility Standards (UFAS) for facilities constructed or altered on or after January 18, 1991. The Title II regulation at 28 C.F.R. 35.151(c) delineated UFAS or the Americans With Disabilities Act Accessibility Guidelines for Building and Facilities (ADAAG) as a minimum standards determining accessibility for facilities constructed, altered on or after January 26, 1992.

OCR has determined that all newly constructed facilities must meet the appropriate accessibility standards. In resolution of this complaint, the University agreed to implement the enclosed Settlement Agreement. In the Settlement Agreement, the University agreed to construct additional townhouses, as a part of the Laker Village housing complex. The completed Laker Village, including the Townhouse I facility, would have the appropriate number of accessible housing units. The University ensured OCR that five percent (5%) of the total units, or at least one unit, whichever is greater, of the complete Laker Village housing complex, which includes the existing Townhouse I units, will be accessible housing units that comply with the standards set forth in the Uniform Federal Accessibility Standards, published on April 1, 1988, or the Americans with Disabilities Accessibility Guidelines, effective January 26, 1992. The Laker Village housing complex will be completed by September 1, 1999. Given the present number of accessible dormitory rooms, a mobility impaired student should have the opportunity to live in the University's dormitory facilities until the Laker Village Complex with accessible units is completed. OCR will monitor the implementation of the Settlement Agreement. If the University fails to fully implement this Agreement, OCR will immediately reopen the case and resume its investigation.

OCR is committed to ensuring that every complaint is resolved appropriately. We appreciate the cooperation extended to us during our investigation. If you have any questions, please contact Tom R. Okawara at 312/353-2566. James E. Heffernan Team Leader $DF

Settlement Agreement

Grand Valley State University in Allendale, Michigan (hereinafter "the University"), submits the following Settlement Agreement to the U.S. Department of Education, Office for Civil Rights (OCR), in resolution of OCR complaint number 05972100. This Settlement Agreement is provided to ensure the University's compliance with Section 504 of the Rehabilitation Act of 1973, 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. § 12131 et seq., and its implementing regulation at 28 C.F.R. Part 35, with respect to the allegations raised in this complaint. The University agrees to the following:

1. Nothing contained in this Settlement Agreement nor any actions taken by the University with respect to this Settlement Agreement shall be construed as an admission of any liability, obligation or wrongdoing by the University. OCR and the University desire to resolve their good-faith differences amicably without the need for litigation or other dispute resolution and that each party asserted its good-faith interpretation of the application and scope of the law.

2. By September 1, 1999, the University will ensure that the proposed Laker Village housing complex, which includes the existing Townhouse I housing units, is readily accessible to disabled persons as defined by Section 504 and the ADA. The University may comply with this requirement through such means as the alteration of existing facilities and/or construction of new facilities in making Laker Village housing complex readily accessible to disabled persons. By September 1, 1999, the University will ensure that five percent (5%) of the total units, or at least one unit, whichever is greater, of the complete Laker Village housing complex, which includes the existing Townhouse I housing units, will be accessible housing units that comply with the standards set forth in the Uniform Federal Accessibility Standards (UFAS), published on April 1, 1988, or the Americans with Disabilities Accessibility Guidelines (ADAAG), effective January 26, 1992.

3. OCR has reviewed and approved the University's plans to achieve item two above. To the extent the University constructs new facilities, such new construction will conform to UFAS or ADAAG.

4. By September 1, 1999, the University will submit a report to OCR documenting the completion of the implementation of terms of this Agreement. Such report will include measurements, photographs, technical drawings and such other documentation sufficient to show compliance with the above items. OCR may schedule an on-site inspection of the Laker Village housing complex to ensure compliance with this part.