OCR Letter: Jefferson Community College

Dr. Ronald Horvath
President
Jefferson Community College
109 East Broadway
Louisville, Kentucky 40206
Complaint No. 04-91-2089

The Office for Civil Rights (OCR), U.S. Department of Education (Department), has completed its investigation of the above-referenced complaint which was filed against the Jefferson Community College (College). Specifically, the complainant alleged that the College discriminated against handicapped persons by failing to provide accessible programs.

OCR is responsible for enforcing, among other civil rights statutes, Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. § 794, and its implementing regulation at 34 C.F.R. Part 104. Section 504 and its implementing regulation prohibit recipients of Federal financial assistance from the Department from discriminating against qualified handicapped persons on the basis of handicap. OCR is also responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. § 1681 et seq., and its implementing regulation at 34 C.F.R. Part 106. Title IX and its implementing regulation prohibit, with certain exceptions, recipients of Federal financial assistance from the Department from discriminating on the basis of sex.

Since the College is a recipient of Federal financial assistance, it is responsible for ensuring compliance with Section 504 and Title IX, and their implementing regulations. Thus, OCR had jurisdiction to investigate this complaint.

Based on the investigation, OCR has determined that the College did violate the Section 504 regulation relative to the issues of this complaint. OCR has also determined that the College violated the Title IX regulation with respect to a procedural matter. The College is now implementing adequate corrective action. This conclusion is based on a review of the College's facilities, policies, procedures, official publications, pertinent records and documents, and on interviews.

The complainant alleged that the College discriminated against handicapped persons by failing to provide accessible programs.

The Section 504 regulation at 34 C.F.R. § 104.22(a) requires that a recipient operate programs or activities in existing buildings (whose construction commenced before the effective date of the Section 504 regulation on June 3, 1977), so that each program or activity, when viewed in its entirety, is readily accessible to handicapped persons. The Section 504 regulation at 34 C.F.R. § 104.22(f) requires a recipient to adopt and implement procedures to ensure that interested persons can obtain information about the existence and location of services, activities, and facilities that are accessible to and usable by handicapped persons. The Section 504 regulation at 34 C.F.R. § 104.23(a) requires that a facility whose construction commenced on or after June 3, 1977, be readily accessible to and usable by handicapped persons. The Section 504 regulation at 34 C.F.R. § 104.23(b) requires an alteration that affects usability made on or after June 3, 1977, to be readily accessible to and usable by handicapped persons to the maximum extent feasible. The Section 504 regulation at 34 C.F.R. § 104.23(c) previously stated that compliance with the American National Standards Institute (ANSI) standards A117.1--1961 (R1971) shall constitute compliance with 34 C.F.R. § 104.23(a) and (b). On January 18, 1991, 34 C.F.R. § 104.23(c) was amended to replace ANSI with the Uniform Federal Accessibility Standards (UFAS), or standards which provide substantially equivalent or greater access.

A. Programs

1. Accounting Technology

The accounting technology program is housed in four buildings at the College: two existing buildings on the downtown campus (Louisville Vocational Technical Building and the Hartford Building) and two new buildings on the southwest campus whose construction commenced after June 3, 1977 (Business Building and Science Building).

The Louisville Vocational Technical Building is inaccessible to mobility-impaired persons because of inaccessible rest rooms (mirrors, dispensers, urinals, and unwrapped pipes), telephones, water fountains, and warning signals.

The Hartford Building is inaccessible to mobility-impaired persons because of inaccessible rest rooms (mirrors, urinal, dispensers, unwrapped pipes), telephones, warning signals, water fountains, bookstore entrance, and twelfth floor.

The Business Building, new construction, is inaccessible to mobility-impaired person because of inaccessible rest rooms (dispensers, unwrapped pipes, entrance).

The Science Building, new construction, is inaccessible to mobility-impaired person because of inaccessible rest rooms (entrance, shelf, dispensers, unwrapped pipes), and telephones.

2. Business Technology

The business technology program is housed in four buildings at the College: two existing buildings on the downtown campus (Louisville Vocational Technical Building and the Hartford Building) and two new buildings on the southwest campus whose construction commenced after June 3, 1977 (Business Building and Science Building). The buildings are discussed above in the accounting technology program.

3. Commercial Art Technology

The commercial art technology program is housed in two existing buildings on the downtown campus (Louisville Vocational Technical Building and the Hartford Building). The buildings are discussed above in the accounting technology program.

4. Computer Information Systems

The computer information systems program is housed in three buildings at the College: one existing building on the downtown campus (Louisville Vocational Technical Building) and two new buildings on the southwest campus whose construction commenced after June 3, 1977 (Business Building and Science Building). The buildings are discussed above in the accounting technology program.

5. Culinary Arts

The culinary arts program is housed in two existing buildings on the downtown campus (Louisville Vocational Technical Building and the Hartford Building). The buildings are discussed above in the accounting technology program.

6. Early Childhood Education

The early childhood education program is housed in one existing building on the downtown campus (Louisville Vocational Technical Building). The building is discussed above in the accounting technology program.

7. Engineering Technology

The engineering technology program is housed in two existing buildings on the downtown campus (Louisville Vocational Technical Building and the Hartford Building). The buildings are discussed above in the accounting technology program.

8. Fire Science Technology

The fire science technology program is housed in one existing building on the downtown campus (Louisville Vocational Technical Building). The building is discussed above in the accounting technology program.

9. Human Services

The human services program is housed in one existing building on the downtown campus (Hartford Building). The building is discussed above in the accounting technology program.

10. Medical Laboratory Technician

The medical laboratory technician program is housed in one existing building on the downtown campus (Louisville Vocational Technical Building). The building is discussed above in the accounting technology program.

11. Industrial-Electrical Technology

The industrial-electrical technology program is housed in one new building on the southwest campus whose construction commenced after June 3, 1977 (Science Building). The building is discussed above in the accounting technology program.

12. Nursing

The nursing program is housed in one existing building on the downtown campus (Louisville Vocational Technical Building). The building is discussed above in the accounting technology program.

13. Office Administration

The office administration program is housed in three buildings at the College: one existing building on the downtown campus (Louisville Vocational Technical Building) and two new buildings on the southwest campus whose construction commenced after June 3, 1977 (Business Building and Science Building). The buildings are discussed above in the accounting technology program.

14. Physical Therapist Assistant

The physical therapist assistant program is housed in one existing building on the downtown campus (Louisville Vocational Technical Building). The building is discussed above in the accounting technology program.

15. Real Estate

The real estate program is housed in one existing building on the downtown campus (Louisville Vocational Technical Building). The building is discussed above in the accounting technology program.

16. Respiratory Care

The respiratory care program is housed in one existing building on the downtown campus (Louisville Vocational Technical Building). The building is discussed above in the accounting technology program.

17. General Courses

The general courses program is housed in seven buildings at the College: three existing buildings on the downtown campus (Louisville Vocational Technical Building, Jefferson Building, and the Hartford Building) and four new buildings on the southwest campus whose construction commenced after June 3, 1977 (Business Building, Humanities Building, Learning Resource Center and Science Building).

The Louisville Vocational Technical Building, Hartford Building, Business Building, and Science Building are discussed above in the accounting technology program.

The Jefferson Building is inaccessible to mobility-impaired persons because of inaccessible second floor, rest rooms (shelf, dispensers, unwrapped pipes, entrance), and water fountains.
The Humanities Building, new construction, is inaccessible to mobility-impaired persons because of inaccessible rest rooms (shelf and dispensers).

The Learning Resource Center, new construction, is inaccessible to mobility-impaired persons because of inaccessible rest rooms (shelf and dispensers).

B. Student Services Activities

Student services activities include the following: student health service, cafeteria, counseling services, bookstore, library services, Quest automatic teller machine, financial aid, student affairs, administration, and the auditorium.

Student services activities are housed in seven buildings at the College: four existing buildings on the downtown campus (Louisville Vocational Technical Building, Broadway Building, learning Resource Center and the Hartford Building); and three new buildings on the southwest campus whose construction commenced after June 3, 1977 (Administration Building, Student Community Center Building, and Learning Resource Center).

The Hartford Building and Louisville Vocational Technical Building are discussed above in the accounting technology program.

The Learning Resource Center (downtown campus) is inaccessible to mobility-impaired persons because of inaccessible rest rooms (urinals and dispensers), telephones, and Quest ATM.
The Broadway Building is inaccessible to mobility-impaired persons because of inaccessible rest rooms (dispensers and unwrapped pipes).

The Administration Building, new construction, is inaccessible to mobility-impaired persons because of inaccessible rest rooms (shelf, dispensers, unwrapped pipes).

The Learning Resource Center (southwest campus), new construction, is inaccessible to mobility-impaired persons because of inaccessible rest rooms (shelf and dispensers).

The Student Community Center Building, new construction, is inaccessible to mobility-impaired persons because of inaccessible rest rooms (dispensers and unwrapped pipes), and telephones.

Investigative evidence substantiates that the programs and activities offered by the College in buildings constructed prior to June 3, 1977, when viewed in their entirety, are not readily accessible to handicapped persons in violation of the regulation implementing Section 504 at 34 C.F.R. § 104.22(a). The absence of accessible support facilities (for example, rest rooms) unreasonably limits access to these programs and activities.

The following buildings were constructed after June 3, 1977, and were not made readily accessible to handicapped persons in violation of the regulation implementing Section 504 at 34 C.F.R. § 104.23(a): Business Building, Science Building, Humanities Building, Administration Building, Learning Resource Center (southwest campus), and the Student Community Center. The reasons why these buildings are not readily accessible to handicapped persons are described above.

The Broadway Building had second and third floor rest room alterations made after June 3, 1977, which affected usability. The Hartford Building had basement rest rooms altered after June 3, 1977, which affected usability. The Learning Resource Center (downtown campus) had a Quest ATM installed after June 3, 1977, which affected usability. The above modifications did not make the altered portion of the buildings readily accessible to handicapped persons to the maximum extent feasible in violation of the regulation implementing Section 504 at 34 C.F.R. § 104.23(b).

C. Notice of Nondiscrimination and Program Accessibility Notice

The Section 504 regulation at 34 C.F.R. § 104.8(b) and the Title IX regulation at 34 C.F.R. § 106.9(b)(1) require a recipient to include a notice of nondiscrimination on the bases of handicap and sex in certain publications, including catalogs. This notice should identify the Section 504 and Title IX coordinators) by name or title, address, and telephone number.

OCR reviewed the College's notice of nondiscrimination which was contained in the College's 1990-92 Catalog. The notice states that the College does not discriminate on the basis of sex or handicap. However, the notice failed to identify a person who coordinates the College's efforts to comply with the Section 504 and Title IX regulations by name or title, address, and telephone number. Therefore, the College is in violation of the regulation implementing Section 504 at 34 C.F.R. § 104.8(b) and the regulation implementing Title IX at 34 C.F.R. § 106.9(b)(1). These regulations require a recipient to identify in its notice of nondiscrimination a person who coordinates the College's efforts to comply with the Section 504 and Title IX regulations (by name or title, address, and telephone number).
The investigation established that the College has not adopted and implemented procedures to ensure that interested persons can obtain information as to the existence and location of services, activities, and facilities that are accessible to and usable by handicapped persons. Therefore, the College is in violation of the regulation implementing Section 504 at 34 C.F.R. § 104.22(f).

On October 18, 1991, the College provided OCR with written assurances that, when implemented, will resolve these compliance problems. A copy of these assurances is enclosed and incorporated by reference into this Letter of Findings. In a telephone conversation on October 18, 1991, Nancy Ray, the College's Counsel, stated that the facility that the College would make accessible in item number 1-a of the Assurances is the Hartford Building. Based on these written assurances and the telephone conversation with Ms. Ray, OCR considers the College to be currently in compliance with Section 504 and Title IX and their implementing regulations, as to the issues addressed during this investigation.
OCR will monitor the College's implementation of its assurances. Continued compliance with the Section 504 and Title IX regulations is contingent upon OCR's receipt of documentation showing completion of the actions planned by the College. Failure to implement the corrective action may result in a finding of violation.

In view of the corrective actions taken or planned by the College, this case is closed as of the date of this letter. This determination is not intended and should not be construed to cover any other issues regarding compliance with the Section 504 and Title IX regulations which may exist but are not specifically discussed herein.

Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. If OCR receives such a request, we will seek to protect, to the extent provided by law, personal information that, if released, could constitute an unwarranted invasion of privacy.

We appreciate the cooperation and assistance that your staff extended to our investigator during the course of the complaint investigation.

If you have any questions about this matter, please contact Michael B. Hamilton, Director, Postsecondary Education Division, at (816) 891-8158 (voice) or (816) 374-6461 (TTY).

Charles J. Nowell
Acting Regional Director