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Settlement Agreement Between the United States of America, Louisiana Tech University, and the Board of Supervisors for the University of Louisiana System Under the Americans with Disabilities Act

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Adoption and Dissemination of Policies

  1. Within one hundred twenty (120) days of the effective date of this Agreement, the University shall revise its existing Policies 1433 and 2220 in line with the following, and/or adopt and implement policies that:

    1. Ensure no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of the University, or be subjected to discrimination by the University. Such policy shall specifically reference the requirement of deploying accessible technology and course content in the University setting, as more specifically outlined in Exhibit 1 to this Agreement (which is incorporated fully herein and made part of this Agreement).

    2. Ensure that the University’s Office of Disability Services acts, in accordance with its stated role, “as a liaison between students and faculty.” Namely, the policy shall ensure that the Office of Disability Services takes an active role in working with all persons involved in providing class instruction to students (and others within the University) to promptly and effectively resolve students’ disability-related concerns.

    3. Ensure that the University’s Office of Disability Services serves as the main point of contact on issues related to ADA compliance for all persons involved in providing class instruction at the University. If a student makes a disability-related complaint to a person involved in providing class instruction, that person must notify the Office of Disability Services immediately so that the Office of Disability Services can ensure appropriate resolution of the complaint and, where appropriate, be involved in facilitating such resolution.

    4. Ensure that University-recognized modifications for students (those granted to individual students through “Accommodations Letters”) are implemented with the supervision of the University’s Office of Disability Services. This shall occur, for example, through contact (prior to midterm and final exam periods) by the Office of Disability Services to instructors of students with disabilities whose Accommodations Letters allow them to receive alternative examination formats or locations, in order to confirm that instructors have made arrangements for appropriate administration of exams. The University will continue to enhance training of persons involved in providing class instruction regarding adherence to the accommodations identified in Accommodations Letters in cases where students choose to provide such letters to instructors. The decision to request accommodations from an instructor shall remain the decision of individual students.

    5. Ensure that the University’s Office of Disability Services timely responds to reasonable requests for assistance by students with disabilities that may not be anticipated (and therefore perhaps not enumerated) in University-prepared “Accommodations Letters.”

    6. Ensure that, consistent with the requirements of the ADA, opportunities afforded generally to University students are equally afforded to students with disabilities. For instance, when the University allows students in a course to take exams outside of the operating hours of University administrative offices, the University shall ensure that students with disabilities are afforded that same opportunity.

    7. Ensure that the University’s “Grievance Policy” on disability-related issues, as currently stated in the University’s Policy 1433 (“Americans with Disabilities Policy”) is triggered any time the Office of Disability Services has not fully resolved a student’s complaint, as was the case in the facts giving rise to the complaint to the Department in this matter. In such an instance, the Office of Disability Services shall self-report to the “appropriate university official” (as already identified in Policy 1433), within two (2) business days of the failure to resolve the student’s complaint. The appropriate university official shall then take the steps currently required by Policy 1433 to resolve the matter. No written complaint by the affected student to either the University’s Office of Disability Services or the “appropriate university official” shall be required in such instance.

    8. Ensure that the University’s Policy 1433 (“Americans with Disabilities Policy”) is revised to include the correct contact information for filing complaints with the Department (via mail, email, and via telephone/TTY), as reflected at http://www.ada.gov/fact_on_complaint.htm.

  2. The policies revised or adopted pursuant to the immediately prior paragraph shall be implemented within one hundred twenty (120) days of the effective date of this Agreement. Such policies shall be made part of the University’s “Manual of Policies and Procedures,” and included in the print version of the “Manual of Policies and Procedures” (starting with the next printing of the “Manual of Policies and Procedures”). Within one hundred twenty-five (125) days of the effective date of this Agreement, the University shall post the new policies in its online “Manual of Policies and Procedures” at http://www.latech.edu/administration/policies-and-procedures/.

  3. Within one hundred twenty (120) days of the effective date of this Agreement, the University shall disseminate the policies referenced in Paragraph 13 to all individuals who provide any course-related instruction to University students and all University administrators, including, but not limited to, all persons identified in the “Organizational Chart for Louisiana Tech University,” (currently posted at http://www.latech.edu/administration/policies-and-procedures/1107.shtml). Such dissemination shall occur via electronic mail to each covered individual.

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