OCR Letter: North Park University


UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS
MIDWESTERN DIVISION. CHICAGO OFFICE
111 NORTH CANAL STREET. SUITE IOS3
CHICAGO. ILLINOIS 60606 - 7204


Dr. David G. Horner President
North Park University
3225 West Foster Avenue
Chicago, IL 60625-4895

Re: #05-04-6002

Dear Dr. Horner:

The purpose of this letter is to inform you that the U.S. Department of Education (Department), Office for Civil Rights (OCR), has completed its review of North Park University (University). The purpose of this review was to determine the University's compliance with the regulations implementing Section 504 of the Rehabilitation Act of 1973 with regard to the accessibility of specified student programs and activities and housing. Specifically, OCR reviewed whether the University's program of Business and Nonprofit Management (School of Business and Nonprofit Management Building), Art Program (Wilson Hall), Music Program (Hanson Hall), Faculty Offices (Caroline Hall), Student Services (Student Services Center) and undergraduate student housing (all undergraduate housing buildings) were accessible to or usable by persons with mobility impairments.

OCR is responsible for enforcing 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, which prohibit discrimination on the basis of disability in programs and activities receiving Federal financial assistance from the U.S. Department of Education. As a recipient of Federal financial assistance from the U.S. Department of Education, the University is subject to the regulations implementing Section 504.

During the review, OCR conducted on-site visits to the University and obtained information pertinent to this review through interviews with University personnel and an examination of the University's facilities. As discussed below, we have determined that, with respect to the academic buildings identified, notice provisions and student housing, the University was not in compliance with the applicable Section 504 regulations. The University has, however, provided OCR with an Agreement (copy enclosed) which, when fully implemented, will correct the identified compliance concerns.

The implementing regulation of Section 504 at 34 CFR 104.21, provides that no qualified person with a disability shall, because a recipient's facilities are inaccessible to or unusable by students with a disability, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity.

The implementing regulation of Section 504, at 34 C.F.R. 104.22, is applicable to any facility or portion of a facility where construction commenced prior to June 3,1977. The Section 504 regulation provides, at 34 C.F.R. 104.22 that, with such facilities termed "existing facilities," a recipient will operate the programs and activities so that, when viewed in their entireties, all programs and activities readily accessible to and usable by persons with disabilities. A recipient may comply with this requirement through the reassignment of programs and activities to accessible buildings alteration of existing facilities or any other methods that result in making each of its programs and activities accessible to persons with a disability. A recipient is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. In choosing among available methods for meeting the requirements of this section, a recipient shall give priority to those methods that offer programs and activities to persons with a disability in the most integrated setting appropriate.

The implementing regulation of Section 504, at 34 CFR 104.22(f), under "existing facilities," provides that the recipient "shall adopt and implement procedures to ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of services, activities and facilities that are accessible to and usable by persons with disabilities."

The implementing regu1ation of Section 504, at 34 C.F.R. 104.45(a), states that a recipient that provides housing to its non-disabled students shall provide comparable, convenient, and accessible housing to students with disabilities at the same cost as to others. The regulation provides that such housing shall be available in sufficient quantity and variety so that the scope of choice of living accommodations offered to students with disabilities is, as a whole, comparable to that offered to non-disabled students.

ACADEMIC BUILDINGS

North Park University is a four-year private co-educational university founded in 1891. The University has almost 3,000 undergraduate and graduate students. All of the academic buildings examined by OCR in this review were constructed before 1977 and are thus existing facilities under the Section 504 regulations.

OCR examined whether the programs and activities in the identified facilities were accessible, OCR also examined the general features of the identified facilities that it deemed essential to access to these programs and activities, including routes to the facilities, entrances, restrooms, signage, drinking fountains, and doorways OCR used the Uniform Federal Accessibility Standards (UFAS) or the Americans with Disabilities Act Accessibility Guidelines (ADAAG), effective January 26, 1992 under Section 504 as guidelines to review accessibility of the facilities.

OCR determined that all of the above buildings were inaccessible to individuals with mobility impairments. Except for the basement of Caroline Hall, the buildings either had stairs to all entrances or, if they had a level access to the exterior door or entrance to the building, they had stairs immediately inside of the entrance. The buildings did not have elevators or internal ramps so all floors are inaccessible, except for the basement of Caroline Hall. All of the buildings lacked signage, accessible restrooms, accessible water fountains, accessible pathways or internal routes and doorways. While there was an accessible route to the basement of Caroline Hall, the restroom at that level was not accessible, rendering the basement level inaccessible to persons with mobility impairments. At the time of the OCR on-site visit, University staff indicated that the buildings identified in the OCR review were inaccessible.

OCR therefore concluded that the identified facilities were inaccessible to persons with mobility impairments because there were inaccessible entrances, restrooms, vertical access between floors, doorways, internal routes and water fountains. OCR further determined that the affected programs and activities included: the program of Business and Nonprofit Management, the Art Program, Music Program, faculty offices in Caroline Hall, and student service in the Student Services Center.

The University indicated that, upon request, it relocates programs and activities to accessible locations. OCR asked the University for a copy of the notice that it provides with respect to its willingness to move programs and activities to accessible locations. The University's Academic Catalog stated, in part. that the Center for Academic Services provides support services and reasonable accommodation to aid students with disabilities in the transition to post-secondary education and the independent use of existing resources. Students needing such assistance were to identify themselves to the Center for Academic Services. University staff did not identify any additional more specific notice provisions concerning the relocating of inaccessible programs and activities to accessible locations. The University informed OCR that presently there were no enrolled students with a mobility impairment who needed or had requested accessibility-related accommodations, nor had any complaints been received.

Because OCR determined that the facilities identified in this review were not accessible under the applicable accessibility standards, OCR examined whether the programs and activities in those facilities could be provided in a different facility and whether the different facility is accessible to mobility impaired persons. OCR determined there were other buildings on campus that were accessible or could be made accessible with slight renovations. OCR therefore concluded that the programs and activities located in the specific facilities that were the subject of this review could be moved to accessible locations on campus to provide program access.

HOUSING

The University provided housing to over 900 undergraduate students. The University utilized three housing types: dormitory rooms, apartment units and individual houses. The University had four dormitories, six apartment complexes and seven houses. The number of occupants varied by type: dormitory rooms accommodated one to four students; apartment units accommodated singles and groups of two to four students; and houses accommodated groups of five to eight students. The cost of the housing was determined by the type of housing units.

In the University's correspondence, dated June 18, 2004, the University informed OCR that, "At this time, none of its undergraduate housing units are fully accessible." The University informed OCR that it did not have any students with mobility impairments residing on campus.

The University has four residence halls: Anderson Hall, Burgh Hall, Sohlberg Hall and Ohlson House. All were constructed prior to 1977 and are existing facilities under the Section 504 regulations.

Anderson Hall, a women’s residence hall, is a round, eight-story facility, which houses 228 students in 100 rooms. OCR found that Anderson Hall was inaccessible to students with mobility impairments due to the inaccessible entrances, including the main entrance on the second floor (the stairs along the pathway and a step outside of the elevator entrance on the ground level). Additionally, every floor had inaccessible washroom and shower facilities.

Burgh Hall is a four-story, men's and women's residence hall, which houses 202 students. The University indicated to OCR that, several years ago, it had drafted plans to make one room in Burgh Hall accessible. These plans, however, were not implemented. OCR found Burgh Hall to be inaccessible to students with mobility impairments due to its inaccessible entrances, including the main entrance on the: first floor at the front (stairs to the entrance), basement and upper floors, and inaccessible washroom and shower facilities.

Sohlberg Hall is a men's residence hall. The facility has three floors and 49 rooms with a capacity of 105 students. The first through third floors have single, double and triple rooms, washroom/shower facilities and laundry facilities. OCR found Sohlberg Hall to be inaccessible to students with mobility impairments due to its inaccessible entrances, including the main entrance (stairs to the entrance and first floor level), basement and upper floors, and inaccessible washroom and shower facilities.

Ohlson House is an apartment complex, which was converted into a residence hall for women. The three level facility for women has 24 rooms per floor and a capacity of 138 students. OCR found Ohlson House to be inaccessible to students with mobility impairments due to its inaccessible entrances, including the main entrance: (stairs to the entrance and first floor level), basement, and upper floors and inaccessible washroom and shower facilities.

In addition, the University has six apartment buildings in the local neighborhood, with a total of 77 units. The University acquired these buildings between 1961 and 1997 and all are existing facilities under the Section 504 regulations. The apartment units are available in one to eight person units. All apartments have washroom/shower facilities, kitchens and beds. Laundry facilities are shared with other occupants in the apartment complex. Students provide their own furniture. All of the apartment buildings have stairwells to each floor. none have elevators.

OCR found that all of the apartment units were inaccessible to students with mobility impairments due to stairs to entryways and on each floor. The washroom and shower facilities were all inaccessible because there were no accessible entrances or routes and, in most instances, the washroom and shower doors were too narrow. There was insufficient space for turning or maneuvering, the sinks were not at the correct height, and there were no grab bars in the toilets. The kitchens also were inaccessible to persons with mobility impairments because, in part, the kitchen did not have accessible routes to them, doorways were too narrow, the stoves, ovens and sinks did not have accessible controls and there was not appropriate knee clearance for the sinks. Also, most of the apartments' entrance doors and interior doors were too narrow.

Further, the University has seven houses for groups of five to eight students. The houses were constructed prior to 1940 and all are existing facilities under the Section 504 regulations. The houses have shower/washroom facilities, a kitchen and laundry facilities. Except for a bed, the houses were provided unfurnished to students. All of the houses had stairs to their entranceways.

OCR found that all of the houses were inaccessible to students with mobility impairments due to stairs to entryways and inaccessible entrance and interior doorways. The washroom and shower facilities were all inaccessible because there were no accessible entrances or routes and, in most instances, the washroom and shower doors were too narrow. There was insufficient space for turning or maneuvering. The sinks were not at the correct height, and there were no grab bars in the toilets. The kitchens also were inaccessible to persons with mobility impairments because, in part, the kitchens did not have accessible routes to them, doorways were too narrow, the stoves, ovens and sinks did not have accessible controls and there was not appropriate knee clearance for the sinks. Further, most entrance doors and interior doors in the houses were too narrow.

ANALYSIS AND CONCLUSIONS

OCR determined that the program of Business and Nonprofit Management (School of Business and Nonprofit Management Building), Art Program (Wilson Hall), Music Program (Hanson Hall). Faculty Offices (Caroline Hall), and Student Services (Student Services Center) were located in existing facilities under the Section 504 regulation. As described above, all of the facilities were inaccessible to individuals with mobility impairments. The University has indicated that, upon request, it would relocate all programs and activities that are located in inaccessible classrooms or offices in these buildings to accessible buildings. However, the University does not have any specific plans or established practice or procedures for how it would move programs and activities to accessible locations and some of the locations to which it would move the programs and activities also have accessibility problems. The University does not inform individuals with mobility impairments of the availability of a practice or procedure to request that programs or activities be relocated to an accessible location or how to go about requesting that programs be relocated. Thus, OCR could not conclude that the University’s stated relocation policy provides an acceptable alternative method for ensuring accessibility for mobility-impaired persons to the programs and activities in the identified facilities. OCR concluded that the University does not operate the programs and activities located in the academic buildings involved in this review so that when viewed in their entireties, the programs and activities are readily accessible to and usable by mobility-impaired persons and, thus , the University is not in compliance with Section 504 at 34 C.F.R. 104.21 and 22.

OCR further determined that the University 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 persons with disabilities. The notice provided by the University in its Academic Catalog explains that the University's Center for Academic Services will provide support services and accommodations for students with disabilities, but does not include any information regarding the existence and location of accessible facilities. Accordingly, OCR determined that the University is not in compliance with the Section 504 regulation at 34 C.F.R. 104.22(f).

OCR examined the undergraduate student housing provided by the University and found that it provided three housing options to its undergraduate students: dormitory rooms, apartment units and houses. The Section 504 housing regulation, at 34 C.F.R. 104.45(a), requires recipients to provide "comparable, convenient, and accessible housing to students with disabilities at the same cost as to others." Such housing must be "available in sufficient quantity and variety so that the scope of the students with disabilities' choice of living accommodations is, as a whole, comparable to that of students without disabilities." OCR determined that the University did not provide any accessible housing to its undergraduate students with mobility impairments. Accordingly, OCR determined that the University is not in compliance with the Section 504 regulations, at 34 C.F.R. 104.45 (a).

However, the University has provided the enclosed agreement to OCR, dated October 19, 2004, which, when fully implemented, will correct the compliance problems found in this review. OCR will monitor the agreement to ensure compliance. We anticipate receiving the University's initial monitoring repol1 on April 1, 2005.

This letter addresses only issues discussed above and should not be construed to cover any other issues regarding compliance with the Section 504 regulation which may exist and are not specifically discussed herein.

We wish to thank you and your staff, especially Mr. Carl E. Balsam, Executive Vice President and Chief Financial Officer, for the assistance and cooperation extended to us through out this review. If you have any questions regarding this letter, please contact me or James E. Heffernan, Team Leader, at 312-886-8388 or Daniel S. Altschul, Senior Civil Rights Attorney, at 312-886¬8389.

Sincerely,

Linda A. McGovern Director, Chicago Office Midwestern Division

Enclosure

Agreement

North Park University, located in Chicago, lllinois (hereinafter "University"), submit the following Agreement to the U.S. Department of Education, Office for Civil Rights (OCR), in resolution of OCR review number 05046002. The University submits this Agreement to ensure its compliance with Section 504 of the Rehabilitation Act of 1973 (Section 504), 20 U.S.C. 1405 et seq., and its implementing regulation 3134 C.F.R. Part 104.

The review involved the undergraduate student housing (all undergraduate housing buildings), the program of Business and Nonprofit Management (School of Business and Nonprofit Management Building), An Program (Wilson Hall), Music Program (Hanson Hall). Faculty Offices (Caroline Hall), and Student Services (Student Services Center). All of the buildings are existing facilities under the Section 504 regulations. The University indicated and OCR confirmed that the identified buildings were not accessible to persons with mobility impairments.

1. Academic Facilities: By April 1,2005, the University will submit a plan describing how the University will ensure that each of its programs or activities that take place in the facilities currently housing the program of Business and Nonprofit Management (School of Business and Nonprofit Management Building), Art Program (Wilson Hall), Music Program (Hanson Hall), Faculty Offices (Caroline Hall), and Student Services (Student Services Center), when viewed in its entirety, is readily accessible to and usable by persons with disabilities. The University may comply with this requirement through alterations to the facilities or may also comply with this requirement through the reassignment of programs and activities to accessible buildings or any other methods that result in making each of its programs and activities accessible to disabled persons. The University is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. In choosing among available methods for meeting the requirements of this section, the University shall give priority to those methods that offer programs and activities to disabled persons in the most integrated setting appropriate.

2. Academic Facilities. By August 1, 2005, the University will implement the actions described in the plan submitted pursuant to item 1.

3. Housing : By April 1,2005, the University will submit a plan describing how, the University will provide undergraduate students with disabilities (1) with comparable, convenient and accessible housing at the same cost as provided to other non-disabled students and (2) in sufficient quality and variety so that the scope of disabled students' choice of living accommodations is, as a whole comparable to that of non-disabled students. As part of its plan, the University will review and assess the range and types of housing options for male and female students and consider the comparability, convenience, cost, quality and variety of available housing.

4. Housing: By August 30, 2005, the University will implement the actions described in the plan submitted pursuant to item 3 with respect to residence halls. By August 30, 2006, the University will implement the actions described in the plan submitted pursuant to item 3 with respect to apartments and houses.

5. Notice: By August 1,2005, the University shall adopt and implement procedures to ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of services, activities, and facilities that are accessible to and usable by persons with disabilities. If the University elects to make programs and activities in inaccessible existing facilities accessible to persons with disabilities, through the reassignment of programs and activities to accessible buildings, the University shall provide notice of its willingness to provide access in that manner.

6. To the extent the University alters or renovates existing facilities or parts of facilities, such alterations renovations and new construction will conform to the Uniform Federal Accessibility Standard (UFAS) or the Americans with Disabilities Act Accessibility Guidelines (ADAAG), effective January 26. 1992.

7. By September 15, 2005, the University wm provide OCR with documentation of its compliance with items 2, 4 (relating to residential halls) and 5 of the Agreement. By September 15, 2006, the University will provide OCR with documentation of its compliance with item 4 (relating to apartments and houses) of this Agreement.

FOR NORTH PARK UNIVERSITY Chicago. Illinois


David G. Homer
President