SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND
LOS ANGELES FILM SCHOOL, LLC
USAO # 2017V02841
DJ # 202-12C-630

1. Background
   1. The parties to this Settlement Agreement (“Agreement”) are the United States of America (the “United States”) and Los Angeles Film School, LLC (the “School”).
   2. The School is located at 6363 Sunset Boulevard in Los Angeles, California.        
   3. The United States Attorney’s Office for the Central District of California (“USAO”), a component of the Department of Justice, initiated a civil investigation of the School under Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181–12189, as amended, and its implementing regulations, 28 C.F.R. Part 36, upon the receipt of a complaint, USAO No. 2017V02841, DOJ No. 202-12C-630.
2. TITLE III COVERAGE AND DETERMINATIONS
   4. The Department of Justice is authorized under 42 U.S.C. § 12188(b)(1) to investigate alleged violations of Title III of the ADA,  to determine compliance, to use alternative means of dispute resolution, where appropriate, including settlement negotiations to resolve disputes, and to bring a civil action in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance. 42 U.S.C. §§ 12188(a)(2), 42 U.S.C. §§ 12188(b), 12212; 28 C.F.R. §§ 36.502, 503, 506.
   5. Title III of the ADA prohibits discrimination against persons with disabilities by owners or operators of places of public accommodation, 42 U.S.C. § 12182(a), and establishes an ongoing requirement that such owners and operators reasonably modify policies and practices so as to ensure “full and equal enjoyment” of their goods and services by individuals with disabilities, 42 U.S.C. § 12182(a) and (b)(2)(A)(ii), 28 C.F.R. §§ 36.201, 202.
   6. The School facility is a private post-secondary school, and a place of education and is therefore a place of public accommodation. 42 U.S.C. § 12181(7)(J). LA Film School LLC is a private entity that operates the School and is thus a “public accommodation” within the meaning of Title III of the ADA, 42 U.S.C. §§ 12181(7)(J); 28 C.F.R. 36.104.
   7. The Complainant is a veteran with a disability (Post Traumatic Stress Disorder), and uses a service animal. The Complainant is an individual with a disability, within the meaning of 42 U.S.C. § 12102 and 28 C.F.R. § 36.105.
   8. The ADA requires that public accommodations generally permit the use of a service animal by an individual with a disability. 28 C.F.R. § 36.302(c).
   9. The Complainant alleges that she was discriminated against on the basis of disability because:  (1) the School’s security guard stopped her near the School’s entrance and told her that she could not proceed inside the School because dogs were not allowed at the School even if they were service dogs; (2) the School initially denied the Complainant’s request to attend the School with her service animal; and (3) after the Complainant questioned that denial, the School advised her that she could not be accompanied by her service animal while attending seven core classes located in a recording studio, which are a significant part of the music production program. The Complainant brought her complaints to the Department of Justice, which then investigated her claims.
   10. The School denies that it violated Title III of the ADA or any other relevant laws. This Agreement is neither an admission of liability by the School nor a concession by the United States that the Complainant’s claims are not well founded. To avoid the delay, uncertainty, inconvenience, and expense of protracted litigation of the above claims, and in consideration of the mutual promises and obligations of this Agreement, the Parties agree to the following provisions.       
   11. The United States and the School have reached this Agreement that is in the Parties’ best interests, and that the United States believes is in the public interest, to resolve this matter on mutually agreeable terms. The Parties have, therefore, voluntarily entered into this  Agreement without the need to file any action in court.
3. ACTIONS TO BE TAKEN BY THE SCHOOL
12. The School shall not discriminate against any individual on the basis of disability, including individuals who use service animals, in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the School in violation of the ADA, 42 U.S.C. § 12182, and the relevant implementing regulations, 28 C.F.R. Part 36. 
13. Generally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. 

Exceptions. A public accommodation may ask an individual with a disability to remove a service animal from the premises if the animal is out of control and the animal’s handler does not take effective action to control it; or the animal is not housebroken.

Inquiries. A public accommodation shall not ask about the nature or extent of a person´s disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public accommodation may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person´s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

Access to areas of a public accommodation. Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a place of public accommodation where members of the public, program participants, clients, customers, patrons, or invitees, as relevant, are allowed to go.

14. Within thirty (30) days after the effective date of this Agreement, the School shall adopt the Service Animal Policy annexed hereto as Attachment A, include that Policy in all student print and online catalogs and admission materials provided to students and prospective students and employee manuals, post that Policy in a prominent location near the front entrance, and also post that Policy on the School’s website. The School shall provide the USAO with copies of the revised materials that includes the Service Animal Policy, and also provide the USAO a photograph of the posted Policy within forty-five (45 days) after the effective date of this Agreement. 
15. Within thirty (30) days after the effective date of this Agreement, the School shall post, maintain, and refresh, as necessary, a sign, printed in dark bold letters, in a font 26 points or larger in size, on a contrasting white background, stating “Service animals permitted in all areas of the School that are open to students and members of the public.” This sign shall be conspicuously located in the admissions area of the School. The School shall provide the USAO with a photograph of the aforementioned sign within forty-five (45) days after the effective date of this Agreement.     
16. Within one-hundred twenty (120) days of the effective date of this Agreement, the School will provide the following employees and contractors (who are the personnel who may interact with students, prospective students, and campus visitors) training on this Agreement and the ADA requirements to accommodate individuals with disabilities who use service animals: Student Advisor and ADA Coordinator employees; Student Development employees; Security employees; Reception employees; and Allied Universal Security contractors. That training shall include a review of the Department’s technical assistance documents, “Frequently Asked Questions about Service Animals and the ADA” 1 and “ADA 2010 Revised Requirements: Service Animals.” 2 Furthermore, throughout the term of this Agreement, the School will provide the above training to employees and contractors hired after the above-described initial training session within their first thirty (30) days of work. 
17. The School shall notify the USAO when it has completed the training required under paragraph 16. The School shall create and maintain an attendance sheet that documents the name of each individual who attends the trainings, his/her title, and the date he/she attended the training. Copies of such attendance sheets shall be provided to the USAO within ten (10) days of any request for them.
18. The School will not retaliate against or otherwise coerce any individual with a disability who uses a service animal for filing a complaint with the Department of Justice or otherwise exercising rights protected by the ADA. 42 U.S.C. § 12203(a).
19. Within ten (10) days after the effective date of this Agreement, the School shall pay to the Complainant the sum of $7,000.00, by sending a check or money order payable to the Complainant, to the undersigned counsel for the United States by overnight delivery, prepaid.  The Complainant shall provide the School with a fully completed W-9 form within two days of the effective date of this Agreement.
20. Within thirty (30) days after the effective date of this Agreement, the School shall pay $6,000.00 to the United States as a civil penalty pursuant to 42 U.S.C. § 12188(b)(2)(C) and 28 C.F.R. § 36.504(a)(3).
21. In consideration of the terms of this Agreement and, conditioned upon the School’s full payment of the monies outlined in this Agreement, the United States releases the School, together with its current and former parent corporations, direct and indirect subsidiaries, current or former corporation owners, directors and officers, and the corporate successors and assigns of any of them, from any and all causes and claims relating to or arising from the allegations of discrimination raised in the complaint in this matter as set forth in paragraph 9 of this Agreement. Additionally, in consideration of the terms of this Agreement, the United States agrees to refrain from undertaking further investigation into or filing a civil suit in this matter at this time as it related to the allegations addressed in paragraph 9 of this Agreement. However, this shall not limit the United States’ ability to pursue any remedies available under law in the event of noncompliance with this Agreement, or prevent the United States from investigating or pursuing other potential ADA violations that may involve the School.
22. This Agreement is not intended to remedy any other potential violation of the ADA or any other law that is not specifically described in paragraphs 3 through 8 of this Agreement. Nothing in this Agreement changes the School’s obligation to otherwise comply with the requirements of the ADA.
23. All notices, reports, and other communications to be provided to the United States in accordance with this Agreement shall be in writing and delivered by U.S. mail and electronic mail to the following:

    Katherine M. Hikida
    Assistant U.S. Attorney
    Civil Rights Section, Civil Division
    United States Attorney’s Office
    300 North Los Angeles Street, Suite 7516
    Los Angeles, California  90012
    Email: katherine.hikida@usdoj.gov

    All notices, reports, and other communications to be provided to the School in accordance with this Agreement shall be in writing and delivered by U.S. mail and electronic mail to the following:
    Pamela L. Johnston, Esq.
    Foley & Lardner LLP
    555 South Flower Street, Suite 3300
    Los Angeles, CA 90071-2411
    Email: PJohnston@foley.com

4. DURATION, EXECUTION, AND OTHER TERMS
   24. The duration of this Agreement shall be for a period of 18 months from the effective date of this Agreement. 
   25. The United States may review compliance with this Agreement at any time. If the United States believes that this Agreement or any portion of it has been violated, it will raise its concerns with the School in writing and the parties will attempt to resolve the concerns in good faith. If the parties are unable to reach a satisfactory resolution of the issue within thirty (30) days of the date the United States provides notice to the School, the United States may institute a civil action in an appropriate United States District Court to enforce this Agreement or the ADA.
   26. It is a violation of this Agreement for the School to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the United States for an extension of the relevant timeframe imposed by the Agreement. 
   27. Failure by the United States to enforce any provision or deadline in this Agreement shall not be construed as a waiver of the United States’ right to enforce any deadline or provision of this Agreement. This Agreement, including Attachment A and Attachment B, constitutes the entire agreement between the parties. No prior or contemporaneous communications, oral or written, or prior drafts shall be relevant or admissible for purposes of determining the meaning of any term herein or in any other proceeding.
   28. The undersigned represent and warrant that they are fully authorized to execute this Agreement on behalf of the entities indicated below.
   29. This Agreement is binding on the parties and their transferees, heirs, successors, and assigns. In the event that the School seeks to transfer or assign its interest in the School, or any part of it, the School shall, as a condition of such transfer or assignment, obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.
   30. Nothing in this Agreement will excuse the School’s compliance with any currently or subsequently effective provision of law, order of a regulator with authority over the School, or other settlement agreement with the Department of Justice or any other person or entity that imposes additional obligations on the School.
   31. This Agreement is limited to the facts set forth above and does not purport to remedy or resolve any other existing or potential violations of the ADA or any other local or federal law.
   32. This Agreement does not affect the School’s continuing responsibility to comply with all applicable aspects of Title III of the ADA. 
   33. A copy of this Agreement will be made available to any person by the School or the United States on request.
   34. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such term materially alters the rights or obligations of the parties, the parties shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations. This Agreement is effective as of the last date (1) for the signatures below, and (2) the Release attached hereto, whichever is later.  The Agreement may be modified only with the written consent of both parties. Any modifications must be in writing and signed by the parties through their authorized representatives. 
   35. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same Agreement.  Facsimiles, scans, and electronic transmissions of signatures shall constitute acceptable, binding signatures for purposes of this Agreement.

Attachment A: Policy Regarding Service Animals for People with Disabilities

Los Angeles Film School, LLC is committed to making reasonable modifications in policies, practices, and procedures to permit the use of service animals by persons with disabilities. Service animals play an important role in ensuring the independence of people with disabilities, and it is therefore our policy to welcome into our facility any animal that is individually trained to assist a person with a disability.

What is a Service Animal?

Service animals include any dog that is individually trained to do work or perform tasks for individuals with disabilities, including a physical, sensory, psychiatric, intellectual, or other mental disability. Service animals do not always have a harness, a sign, or a symbol indicating that they are service animals. A service animal is not a pet. Service animals assist people with disabilities in many different ways, such as:

• Guiding people who are blind or have low vision and retrieving dropped objects for them;
• Alerting people who are deaf or hard of hearing to sounds and the presence of others;
• Carrying and picking up items, opening doors, or flipping switches for people with disabilities who have limited use of hands or arms, limited use of their legs, or limited ability to bend or stoop;
• Pulling wheelchairs;
• Alerting people with disabilities to the onset of medical conditions such as seizures, protecting them and cushioning them if they fall, reviving them, and performing other tasks that reduce the risk of disability-related injury;
• Doing work or performing tasks for persons with traumatic brain injury, intellectual disabilities, or psychiatric disabilities, such as reminding a person with depression to take medication or waking him up, alerting a person with anxiety to the onset of panic attacks, orienting people with schizophrenia to reality, and helping people with intellectual or cognitive disabilities to locate misplaced items, find places, or follow daily routines; and

• Providing physical support and assisting people with physical disabilities with stability and balance.

Requirements with Regard to Service Animals:

Most of the time, people with disabilities who use service animals may be easily identified without any need for questioning. If we can tell by looking, it is our policy not to make an individual feel unwelcome by asking questions. If we are unsure whether an animal meets the definition of a service animal, it is our policy to ask the individual only two questions:

• Is the dog a service animal required because of a disability?
• What work or task has the dog been trained to perform?

If the individual says yes to the first question and explains the work or tasks that the animal is trained to perform, we will welcome the person and service animal into Los Angeles Film School without asking any additional questions about his or her service animal. We will not ask an individual questions about his or her disability. We will not ask an individual to show a license, certification, or special ID card as proof of the animal’s training. We must permit service animals to accompany individuals with disabilities to all areas of our facility normally used by students, guests, or other members of the public and will treat individuals with service animals with the same courtesy and respect that Los Angeles Film School affords to all of our students and guests.

Since a service animal is not a pet, individuals with disabilities may not be asked to pay any extra deposits, fees, or other charges because they are accompanied by service animals. Deposits, fees, or other charges that are normally required for pets do not apply to service animals.

Management Responsibilities:

Please handle any customer inquiries or complaints about this policy in accordance with our usual procedures by contacting [Los Angeles Film School, LLC to insert proper contact information in final adopted policy].