SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND UNION PARISH DETENTION CENTER

Injunctive Relief

11. General Nondiscrimination Obligations:  Immediately upon entry of this Agreement, UPDC and its officers, employees, agents, successors, and assigns, and all other persons in active concert or participation with them, will not discriminate on the basis of disability, including HIV, in UPDC’s services, programs, or activities, and will comply with all requirements of Title II of the ADA, 42 U.S.C. §§ 12131–12134, and its implementing regulation, 28 C.F.R. Part 35.  UPDC’s Title II obligations include, but are not limited to, the following:

    1. UPDC shall not discriminate against qualified detainees with HIV, including by placing such detainees in segregated housing on the basis of the detainee’s disability, 42 U.S.C. § 12132; 28 C.F.R. § 35.130(a).

    2. UPDC shall not exclude qualified detainees with HIV from participation in or deny them the benefits of UPDC’s services, programs, or activities, including, but not limited to, housing, recreation, commissary, dayrooms, television, telephones, and regular meals and socialization with other detainees, on the basis of the detainee’s disability, 42 U.S.C. § 12132; 28 C.F.R. § 35.130(a), (b)(1)(i);

    3. UPDC shall not provide to detainees with HIV aids, benefits, or services, such as medical and disability-related confidentiality, that are unequal to, or different or separate from, those afforded to detainees who do not have disabilities, unless different or separate services are necessary to provide qualified detainees with HIV benefits, aids, or services that are as effective as those provided to others, 42 U.S.C. § 12132; 28 C.F.R. § 35.130(b)(1)(ii), (iv); and

    4. UPDC shall house detainees with HIV in the most integrated setting appropriate to their needs, 42 U.S.C. § 12132; 28 C.F.R. §§ 35.130(d), 35.152(b)(2).

12. Written Policies, Practices, and Procedures:  Immediately upon entry of this Agreement, UPDC shall adopt the General Policy of Nondiscrimination on the Basis of Disability, attached as Appendix A, and the Policy of Nondiscrimination on the Basis of HIV, attached as Appendix B.  Within 30 days, UPDC shall distribute copies of these policies to all members of the Union Parish Detention Center Commission and to all UPDC command unit members, staff members, and contractors, including medical staff.  For the duration of this Agreement, UPDC shall within 30 days of the appointment or retention of a Union Parish Detention Center Commission member, UPDC command unit member, or UPDC staff member or contractor, provide such individual with copies of these policies.

13. Designation of ADA Coordinator:  Within 30 days, UPDC shall designate an employee to coordinate its Title II compliance and will provide such individual’s name to the United States.  28 C.F.R. § 35.107.  The ADA Coordinator shall be responsible for ensuring that UPDC’s services, programs, and activities are readily accessible to and usable by detainees with disabilities, and for investigating and assisting in the resolution of ADA complaints or grievances.

14. Establishment of ADA Complaint Procedure:  Within 60 days, UPDC shall submit to the United States a proposed ADA Complaint Procedure, which will be subject to approval by the United States, not to be unreasonably withheld. UPDC will adopt any changes to the procedure suggested by the United States.  Within 30 days of the United States’ approval of an ADA Complaint Procedure and for the duration of this Agreement, UPDC will ensure that all existing and incoming detainees and UPDC command unit members, staff members, and contractors, including medical staff, are provided with a copy of this Procedure and/or are orally advised of its contents.

15. Summary of this Agreement:  Within 30 days, UPDC shall provide the Summary of this Agreement (Summary) attached as Appendix C to all members of the Union Parish Detention Center Commission and to all UPDC command unit members, staff members, and contractors, including medical staff.  For the duration of this Agreement, UPDC shall within 30 days of the appointment or retention of a Union Parish Detention Center Commission member, UPDC command unit member, or UPDC staff member or contractor provide such individual with a copy of this Summary.

16. HIV Training:  Within 90 days, and annually thereafter for the term of this Agreement, UPDC will train all command unit members, staff members, and contractors, including medical staff, regarding HIV, and the nondiscrimination requirements of Title II of the ADA with regard to individuals with HIV and the existence and requirements of this Agreement (HIV Training or Training).

    1. Within 60 days, UPDC will submit to the United States the proposed curriculum for the HIV Training, as well as the name(s), qualifications (including resume(s)), and contact information of the individual(s) who will conduct the Training.  UPDC’s choice of individual(s) who will conduct the Training and the proposed curriculum will be subject to approval by the United States, not to be unreasonably withheld.  UPDC will adopt any changes to the curriculum suggested by the United States.

    2. UPDC will maintain attendance logs for the duration of this Agreement reflecting the names and titles of attendees and dates of each session of the Training conducted under this Agreement.

    3. For persons who do not attend the HIV Training on a designated training date as required under this Agreement (for instance, because the person was on leave or began employment with UPDC after the designated training date), UPDC will provide the same Training in person or by other means to such persons within 30 days after the individual’s commencement of employment by UPDC or within 30 days of the individual’s return to employment (for example, because of leave).

    4. UPDC will provide 30 days’ notice to the United States of upcoming HIV Training sessions.  The United States may attend any session of the HIV Training.

17. Recordkeeping:  For the term of this Agreement, UPDC will preserve all records related to the Agreement.  Such documents include, but are not limited to, written nondiscrimination policies, practices, and procedures drafted pursuant to Paragraph 12; complaints submitted pursuant to the HIV Complaint Procedure established by Paragraph 14; and training materials and attendance logs created pursuant to Paragraph 16.

18. Initial Report:  Within 90 days, UPDC will submit an Initial Report to the United States detailing UPDC’s compliance efforts under this Agreement.  The Initial Report will include:

    1. Written confirmation that UPDC has met the requirements of Paragraphs 11 through 17 of this Agreement;

    2. A copy of the final ADA Complaint Procedure and a description of how its contents were or are communicated to existing and new detainees and UPDC staff and contractors;

    3. A list of each individual UPDC provided with the policies described in Paragraph 12 and the Summary of this Agreement described in Paragraph 15;

    4. Dates and attendance logs of HIV Training(s);

    5. A catalog containing the name(s) of any detainees who self-identify as having HIV during UPDC’s intake process or whom medical staff learn have HIV at any other time while at UPDC, the actual or anticipated dates of such detainee’s time at UPDC, and the housing assignment(s) such detainee has or had while at UPDC; and

    6. A catalog of any formal or informal grievances or complaints UPDC has received pursuant to its standing grievance process from or regarding individuals with disabilities or to the ADA Complaint Procedure described in Paragraph 14.  The catalog will identify the complainant’s name, the affected individual’s name (if different from the name of the complainant), the subject matter of the complaint, and any responses or actions taken by UPDC in response to the complaint.  UPDC will also preserve all such written complaints received in any format and written reports of such oral complaints, and copies of UPDC’s response(s) to such complaints.

19. Ongoing Reporting:  Every six months from the date of the submission of the Initial Report, UPDC will submit to the United States a report detailing UPDC’s compliance efforts under this Agreement.  This report will include, for the reporting period subsequent to its immediately prior report:

    1. Written confirmation that UPDC has met the requirements of Paragraphs 11 through 17 of this Agreement;

    2. Any new or revised policies, practices, or procedures regarding individuals with HIV;

    3. A list of each individual UPDC provided with the policies described in Paragraph 12 and the Summary of this Agreement described in Paragraph 15;

    4. Dates and attendance logs of HIV Training(s);

    5. A catalog containing the name(s) of any detainees who self-identify as having HIV during UPDC’s intake process or whom medical staff learn have HIV at any other time while at UPDC, the actual or anticipated dates of such detainee’s time at UPDC, and the housing assignment(s) such detainee has or had while at UPDC; and

    6. A catalog of any formal or informal grievances or complaints UPDC has received pursuant to its standing grievance process from or regarding individuals with HIV or to the ADA Complaint Procedure described in Paragraph 14.  The catalog will identify the complainant’s name, the affected individual’s name (if different from the name of the complainant), the subject matter of the complaint, and any responses or actions taken by UPDC in response to the complaint.  UPDC will also preserve all such written complaints received in any format and written reports of such oral complaints, and copies of UPDC’s response(s) to such complaints.