OCR Letter: Providence College

Reverend Philip A. Smith, O.P.
President
Providence College
Office of the President
Providence, Rhode Island 02918
Complaint No. 01-93-2007

The Office for Civil Rights (OCR) has completed its investigation of the above-referenced complaint filed with this office. The complainant alleged that Providence College (the College) holds its Commencement in an off-campus facility that is inaccessible to persons with disabilities. Based on the investigation, it was evident that the College's Commencement did not meet the requirements of Section 504 of the Rehabilitation Act of 1973 (Section 504) and its implementing regulation at 34 C.F.R. Part 104.

A recipient of Federal financial assistance such as the College is obligated to provide its programs and activities in a manner whereby all programs are accessible to persons with disabilities. This obligation applies whether a program is held in the recipient's own facilities or elsewhere. The regulation implementing Section 504, at 34 C.F.R. Section 104.4, prohibits a recipient from contracting with another entity if the effect subjects persons with disabilities to discrimination. In assessing the operation of a program in a building not owned by a recipient, OCR applies the standards in the regulation allowing much flexibility, those for "existing facilities," at 34 C.F.R. Section 104.22.

Upon establishing that the College uses the Providence Civic Center as the Commencement site, OCR observed the 1993 Commencement to gauge the physical accessibility of this event. Barriers to essential features for program accessibility were noted. OCR found that the Commencement stage, the designated accessible route from the arena floor to the restrooms, and the restrooms were inaccessible to and unusable by persons with disabilities. OCR also received a written report from the College concerning the 1994 Commencement which did not indicate that the College had assured itself that the Commencement met Section 504 obligations.

OCR therefore initiated negotiations for corrective action with the College. As a result of these negotiations, the College signed a Compliance Agreement (copy enclosed) on September 28, 1994, and agreed to take corrective actions to remedy the violations of Section 504.

Based on the College's written assurance that beginning in May, 1995, the College will provide a Commencement accessible to persons with disabilities, we are closing our investigation. However, OCR will continue to monitor the College's actions in completing the corrective actions.

OCR requires that the College submit a monitoring report by April 28, 1995. This monitoring report should describe the implementation actions completed by the College in order to meet the compliance requirements for Section 504, as contained in the Agreement. OCR would like to thank your staff for their cooperation during the course of this investigation. If you have any questions regarding the findings discussed in this letter, please feel free to write or telephone Neil Green, Equal Opportunity Specialist, at (617) 223-9692, or Louis H. Meyi, Technical Assistance Staff Director at (617) 223-9687.