SETTLEMENT AGREEMENT
UNDER THE AMERICANS WITH DISABILITIES ACT
BETWEEN
THE UNITED STATES OF AMERICA
AND
ANGELES INSTITUTE, LLC
USAO # 2017V02383, DJ # 202-12C-622

1. BACKGROUND
   1. The parties to this Settlement Agreement (“Agreement”) are the United States of America (the “United States”) and Angeles Institute, LLC (“Angeles”).
   2. The United States Attorney’s Office for the Central District of California (“USAO”), a component of the Department of Justice, initiated an investigation of Angeles 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. 2017V02383, DOJ No. 202-12C-622. The complaint alleged that, in August 2017, Angeles refused to admit the complainant, who is deaf, to its nursing assistant training school, located at 17100 Pioneer Boulevard, Suite 170, Artesia, California, 90701. The school gave multiple conflicting reasons for denying the complainant admission, and ultimately stated that that only students who are able to hear are eligible to enroll in its program.
   3. The United States and Angeles have reached an 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.
2. DEFINITIONS
4. The term “auxiliary aids and services” includes qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing. 28 C.F.R. § 36.303(b)(1).
5. The term “effective date” means the date of the last signature below.
6. The term “qualified interpreter” means an interpreter who, via a VRI service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators. 28 C.F.R. § 36.104.
7. The term “situational assessment” means and evaluation of a student’s or prospective student’s needs for auxiliary aids and services in the context of any educational program offered by Angeles.
8. The term “student” means any individual participating in an educational program offered by Angeles.
3. TITLE III COVERAGE AND DETERMINATIONS
9. 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 use alternative means of dispute resolution, where appropriate, including settlement negotiations to resolve disputes, and, where necessary, 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. §§ 36.309, 502, 503, and 506. Ensuring that places of education, including vocational training programs, like the nursing assistant training school operated by Angeles, do not discriminate on the basis of disability is an issue of general public importance.
10. Angeles, as the operator of a place of education, is a place of public accommodation within the meaning of Title III of the ADA. 42 U.S.C. § 12181(7)(J), 28 C.F.R. § 36.104. Accordingly, Angeles is obligated to comply with the requirements of Title III.
1. Under Title III of the ADA, no person who owns or operates a place of public accommodation may discriminate against an individual on the basis of disability in the full and equal enjoyment of goods, services, privileges, advantages, or accommodations. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a).
2. For purposes of Title III, discrimination includes the failure to provide appropriate auxiliary aids and services when necessary to ensure effective communication unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense. 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303(a).
3. A public accommodation must furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities, including by providing effective communication to companions who are individuals with disabilities.  28 C.F.R. § 36.303(c)(1).
4. A public accommodation may not require an individual with a disability to bring another individual to interpret for him or her. 28 C.F.R. § 36.303(c)(2).
5. To the extent the provision of a particular auxiliary aid or service by a public accommodation would result in a fundamental alteration or an undue burden, the public accommodation shall provide an alternative auxiliary aid or service, if one exists, that would not result in an alteration or such burden but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the goods, services, facilities, privileges, advantages, or accommodations offered by the public accommodation. 28 C.F.R. § 36.303(h).
11. In addition, Angeles is a private entity that offers courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes. 28 C.F.R. § 36.309(a).
1. A private entity that offers courses covered under 28 C.F.R. § 36.309 must make such modifications to courses as are necessary to ensure that the place and manner in which the course is given are accessible to individuals with disabilities. 28 C.F.R. § 36.309(c)(1).
2. A private entity that offers a course covered under 28 C.F.R. § 36.309 must provide auxiliary aids and services for persons with impaired sensory, manual, or speaking skills—including individuals who are deaf or hard of hearing—unless the private entity can demonstrate that offering a particular auxiliary aid or service would fundamentally alter the course or would result in an undue burden. 28 C.F.R. § 36.309(c)(3). Such auxiliary aids and services may include taped texts, interpreters or other effective methods of making orally delivered materials available to individuals with hearing impairments, and other similar services and actions. Id.
3. Courses must be administered in facilities that are accessible to individuals with disabilities or alternative accessible arrangements must be made. 28 C.F.R. § 36.309(c)(4). Alternative accessible arrangements must provide comparable conditions to those provided for nondisabled individuals, and may include, for example, provision of the course through videotape, cassettes, or prepared notes. 28 C.F.R. § 36.309(c)(5).
12. Based on the information discovered in its investigation, the United States has determined that Angeles discriminated against the complainant by failing to provide him effective communication in violation of Title III of the ADA.
4. ACTIONS TO BE TAKEN BY ANGELES
13. Policy Revision. Within 30 days after the effective date of this Agreement, Angeles shall adopt the policy attached as Exhibit A and post this policy as well as the name, email address, and telephone number of the ADA Coordinator described in paragraph 14 below, on the home page of Angeles’ website, https://www.angelesinstitute.edu/. In accordance with this policy and Title III of the ADA, Angeles agrees to the following:
1. Nondiscrimination. Angeles shall not discriminate against any individual on the basis of disability in the full and equal enjoyment of its goods, services, facilities, privileges, advantages, or accommodations or otherwise violate any provision of Title III of the ADA, 42 U.S.C. §§ 12181–89, and its implementing regulation, 28 C.F.R. Part 36. 42 U.S.C. §§ 12182(a); 28 C.F.R. § 36.201(a).
2. Auxiliary Aids and Services. Angeles shall furnish appropriate auxiliary aids and services, free of charge, when necessary to ensure effective communication with individuals with disabilities and their companions, and shall take all reasonable steps that may be necessary to ensure that no individual with a disability is excluded, denied services, or segregated because of the absence of auxiliary aids and services unless Angeles can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations it offers or would result in an undue burden, i.e., significant difficulty or expense. U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303(a); 28 C.F.R. § 36.303(c)(1); 28 C.F.R. § 36.309(c)(3). Such auxiliary aids and services may include taped texts, interpreters or other effective methods of making orally delivered materials available to individuals with hearing impairments, and other similar services and actions. 28 C.F.R. § 36.309(c)(3).
3. Interpreters. Angeles shall not require students or prospective students who are deaf or hard of hearing to bring another individual to interpret for them. 28 C.F.R. § 36.303(c)(2).
4. Alternative Auxiliary Aids and Services. To the extent the provision of a particular auxiliary aid or service by Angeles would result in a fundamental alteration or an undue burden, Angeles shall provide an alternative auxiliary aid or service, if one exists, that would not result in a fundamental alteration or undue burden but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the goods, services, facilities, privileges, advantages, or accommodations offered by Angeles. 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. §§ 36.301(c), 36.303(h).
5. Course Modifications. Angeles must make modifications to its courses if necessary to ensure that the place and manner in which they are given are accessible to individuals with disabilities. 28 C.F.R. § 36.309(c)(1).
6. Accessible Facilities or Alternative Arrangements. Angeles must administer its courses in facilities that are accessible to individuals with disabilities—including individuals who are deaf or hard of hearing—or else make alternative accessible arrangements that provide comparable conditions to those provided for nondisabled individuals, e.g. providing the course through video recordings or prepared notes. 28 C.F.R. § 36.309(c)(4) and (c)(5).
7. Nonretaliation. Angeles shall not engage in retaliation, coercion, interference, intimidation, or any other action prohibited by the ADA.  42 U.S.C. § 12203; 28 C.F.R. § 36.206.
8. Notice to Staff. Within 30 days after the effective date of this Agreement, or within 10 days after hire for any individual hired after the effective date of this Agreement, Angeles shall distribute by e-mail or paper a copy of the policy attached as Exhibit A to each individual who serves as an employee or instructor at Angeles. Angeles shall also include a copy of the policy in its employee and student handbooks.
14. ADA Coordinator. In conjunction with the adoption of the policy attached as Exhibit A, within 15 days after the effective date of this Agreement, Angeles shall designate (and replace, as necessary to ensure the position is continually filled) an ADA Coordinator with the authority to commit Angeles to complying with the ADA, including but not limited to providing auxiliary aids and services to a student or prospective student.
1. Within 30 days after designation as ADA Coordinator, the ADA Coordinator shall familiarize himself or herself with the requirements of Title III of the ADA and its implementing regulations by, at a minimum, reviewing Title III of the ADA, 42 U.S.C. §§ 12181–89; Title III’s implementing regulations, 28 C.F.R. Part 36; and all provisions of the ADA Title III Technical Assistance Manual that address the provision of auxiliary aids and services.
2. Within 30 days after the effective date of this Agreement, and annually thereafter, Angeles shall notify all current employees of the name and email address of the ADA Coordinator, including by posting the name, email address, and phone number of the ADA Coordinator on the Angeles website and employee intranet, and including it in all new copies of the employee handbook.
3. In the event a student or prospective student contacts Angeles regarding a request for a reasonable accommodation or modification, or the availability of an auxiliary aid or service, the ADA Coordinator shall conduct a situational assessment of the student’s or prospective student’s request, and respond personally to that student or prospective student within 10 days. If, however, that 10-day response period overlaps with one of Angeles Institute’s regularly scheduled breaks or quarterly closures, then the time to respond will be extended to 14 days.
4. The ADA Coordinator will make individualized determinations based on the specific facts of each request and shall not apply a general prohibition against providing particular types of modifications, auxiliary aids or services.
5. In response to the student’s or prospective student’s request, the ADA Coordinator may:
1. Grant the request;
2. Make a narrowly tailored request for more information about the request and, within three days of receiving the information, grant or deny the request; or
3. Deny the request upon establishing that offering the particular auxiliary aid or service would fundamentally alter the course or would result in an undue burden.
6. Angeles will document each reason why additional information is needed and/or each reason for a denial of a request. Angeles will provide such documentation to the United States consistent with the requirements of Paragraph 15, below.
7. Should the student or prospective student disagree with the ADA Coordinator’s assessment or wish to discuss it, the ADA Coordinator shall arrange a time to meet with the student or prospective student within 15 days. At that meeting, the ADA Coordinator shall engage in an interactive process with the student or prospective student to consider alternative auxiliary aids and services or modifications that would not fundamentally alter Angeles’ courses or result in an undue burden. Angeles shall furnish appropriate auxiliary aids and services for such meetings as necessary to ensure effective communication.
8. The ADA Coordinator shall be available upon request from an employee or instructor at Angeles to provide guidance on communicating with a student or prospective student who requires auxiliary aids and services.
15. Reporting.
1. Annual reports. Every twelve months from the effective date for the duration of this Agreement, Angeles shall provide the United States a written report describing the activities Angeles has taken to comply with paragraphs 13–14 of this Agreement. The written report should contain: (a) the date and nature of any request to Angeles for auxiliary aids and services by any student or prospective student; (b) for each such request, the name and any known email address or telephone number for the student or prospective student making the request; (c) for each such request, Angeles’ initial response; and (d) for each such request, the result of any negotiations between the student or prospective student and Angeles. Angeles shall provide the United States all documentation underlying or related to its written reports.
2. Situational reports. For the duration of this Agreement, in the event that Angeles denies in whole or in part a request by any student or prospective student for auxiliary aids and services, Angeles shall report that denial in writing to the USAO within 14 days after the denial occurs. The report shall include (a) the date and nature of any request to Angeles for auxiliary aids and services by any student or prospective student; (b) for each such request, the name and any known email address or telephone number for the student or prospective student making the request; and (c) the basis for Angeles’ denial.
3. Reports of complaints. For the duration of this Agreement, Angeles will notify the United States if any individual brings any lawsuit, complaint, charge, or grievance alleging that Angeles engaged in disability-based discrimination or denied auxiliary aids and services to any individual with a disability. Such notification must be provided in writing within 14 days after when Angeles received oral or written notice of the allegation and will include, at a minimum, the nature of the allegation, the name of the individual making the allegation, and any documentation possessed by Angeles or any of its employees or staff relevant to the allegation.
16. Supporting Documentation. Upon written request by the USAO following receipt of a situational report described in paragraph 15(b), Angeles shall, within 14 days, disclose for review by the USAO all documents in its possession or control relevant to the denial.
17. Compensatory Relief for Complainant. Angeles shall pay the complainant $10,000.00 as compensation for the effects of the alleged discrimination described in paragraph 2, above. Angeles shall pay the complainant in installments of $2,500.00 beginning 15 days after receiving a copy of the release attached to this Agreement as Exhibit B signed by the complainant, or 15 days after Angeles is reasonably able to restart classes in light of the COVID-19 pandemic and government stay-at-home orders affecting Angeles, whichever is later. Subsequent payments shall be made every 30 days thereafter until paid in full. Payments shall be made by check. The USAO will provide to Angeles the name of the individual to whom the checks shall be made, as well as the mailing address to which the checks shall be mailed. In addition, Angeles shall send copies of the checks to the person named in paragraph 23 below.
18. Civil Penalty. Angeles shall pay to the United States the sum of $5,000.00 to vindicate the public interest pursuant to 42 U.S.C. § 12188(b)(2)(C) and 28 C.F.R. § 36.504(a)(3). Angeles shall pay this amount in installments of $1,250.00 beginning 150 days after the effective date of this Agreement or 150 days after Angeles is reasonably able to restart classes in light of the COVID-19 pandemic and government stay-at-home orders affecting Angeles, whichever is later, and every 30 days thereafter until paid in full. Payments shall be made by check. Angeles shall mail the checks to the individual named in paragraph 23 below.
19. In consideration of the terms of this Agreement, the United States agrees to refrain from further investigation or filing a civil suit under Title III of the ADA related to the allegations in paragraph 2, except as provided in paragraph 21, below. Nothing contained in this Agreement is intended or shall be construed as a waiver by the United States of any right to institute proceedings against Angeles or any other individual or entity for violations of any statutes, regulations, or rules administered by the United States or to prevent or limit the right of the United States to obtain relief under the ADA regarding allegations unrelated to those in contained in paragraph 2 above.
5. ENFORCEMENT
20. The term of this Agreement is three years from the effective date.
21. 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 Angeles, and the parties will attempt to resolve the concerns in good faith. If the United States is unable to reach a satisfactory resolution of the issue or issues raised within 30 days after the date it provides notice to Angeles, it may institute a civil action in federal district court to enforce the terms of this Agreement or Title III of the ADA and may, in such action, seek any relief available under law.
22. Failure by the United States to seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not be construed as a waiver to such enforcement with respect to other instances or provisions.
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 or electronic mail to the following, unless specified otherwise by the USAO:

Matthew Nickell
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: matthew.nickell@usdoj.gov

6. MISCELLANEOUS
24. This Agreement, including all attachments, 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.
25. The undersigned represent and warrant that they are fully authorized to execute this Agreement on behalf of the entities indicated below.
26. This Agreement is final and binding on the parties, including all principals, agents, executors, administrators, representatives, successors in interest, beneficiaries, assigns, heirs and legal representatives thereof. Angeles has a duty to inform any such successor in interest of this Agreement.
27. Nothing in this Agreement will excuse Angeles’ compliance with the ADA or any currently or subsequently effective provision of law, order of a regulator with authority over Angeles, or other settlement agreement with the Department of Justice or any other person or entity that imposes additional obligations on Angeles.
28. Except where this Agreement expressly conditions or predicates performance of a duty or obligation upon the performance of a duty or obligation by another party, the performance of one party’s duties or obligations under this Agreement shall not be discharged or excused by the actual or alleged breach of the duties and obligations by another party.
29. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same Agreement. Electronically transmitted signatures shall constitute acceptable, binding signatures for purposes of this Agreement.
30. 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.
31. This 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.
32. The signatory to this Agreement on behalf of Angeles represents that he or she is authorized to bind Angeles to this Agreement.

For the United States of America:

DATED: 5/20/20

NICOLA T. HANNA
United States Attorney

KAREN P. RUCKERT
Chief, Civil Rights Section, Civil Division 


/s/
MATTHEW E. NICKELL
Assistant United States Attorney
United States Attorney’s Office
Central District of California
300 N. Los Angeles Street, Suite 7516
Los Angeles, CA 90012
Email: matthew.nickell@usdoj.gov
Telephone: (213) 894-8805
Fax: (213) 894-7819


For Angeles Institute, LLC:

DATED: 5/19/20
By: /s/
BRANDY COWARD
Chief Executive Officer
Angeles Institute, LLC
17100 Pioneer Blvd., Suite 170
Artesia, CA  90701
Email: brandy.coward@angelesinstitute.edu