I. BACKGROUND
1. The Parties to this Settlement Agreement ("Agreement") are the United States Department of Justice (“Department”) and Carson Long Military Institute (“Carson Long”), a private preparatory school for boys located in New Bloomfield, Pennsylvania.
2. This matter was initiated by a complaint filed with the Department on behalf of Brett Sawyer (“Sawyer”). Sawyer alleged that shortly after he was admitted as a student to Carson Long, he was asked to withdraw from the school on the basis of disability in violation of Title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12181 et seq.
3. The Department investigated Sawyer’s complaint pursuant to the Attorney General’s authority to investigate alleged violations of Title III of the ADA, 42 U.S.C. § 12188(b).
4. The Parties agree that the Agreement and the resolution of the Department’s investigation are in the public interest and that these matters can be resolved as set forth below.
ACCORDINGLY, IT IS HEREBY AGREED THAT:1. Brett Sawyer is a person with a disability within the meaning of the Americans with Disabilities Act, 42 U.S.C. § 12102(2)(A), and its implementing regulation, 28 C.F.R. § 36.104. Sawyer has severe food allergies.
2. Carson Long is a private school whose operations affect commerce and is thus a place of public accommodation covered by Title III of the ADA, 42 U.S.C. § 12181(7)(J) and its implementing regulation, 28 C.F.R. § 36.104.
3. Carson Long agrees that it will not discriminate against individuals on the basis of disability in the full and equal enjoyment of its goods, services, facilities, privileges, advantages, or accommodations in accordance with the requirements of Title III of the ADA, 42 U.S.C. § 12181 et seq. and the implementing regulation, 28 C.F.R. Part 36.
4. Within 45 days of this Agreement, Carson Long will submit to the Department of Justice for its review and approval the following:A. A written policy prohibiting discrimination on the basis of disability with respect to admission and participation in the school’s educational and related programs. When adopted and approved, the policy shall be posted in a conspicuous place on the premises and shall be incorporated in all of its pertinent literature.
B. A set of policies, practices and procedures that provide for reasonable modifications to be determined on a case-by-case basis in dealing with requests from students for academic and other accommodations based on disability so as to ensure that no student with a disability is denied an equal opportunity to have the full enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of Carson Long in accordance with 42 U.S.C. § 12182(b)(2)(A)(ii), and its implementing regulation, 28 C.F.R. § 36.302(a).
C. A set of policies, practices and procedures that provide for reasonable modifications of its medication policy, so as to ensure that students with disabilities within the meaning of the ADA who need to self-medicate are able to do so, particularly in emergency situations. 42 U.S.C. §12182(b)(2)(A)(ii), and its implementing regulation, 28 C.F.R. § 36.302(a). Such policies, practices and procedures shall be implemented unless Carson Long can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, privileges, advantages, or accommodations it offers.
D. A set of policies, practices and procedures that provide for the emergency treatment of students with life threatening allergies severe enough to require medical intervention, including a policy for self-administering epinephrine through the use of the EpiPen or other comparable devices.5. In connection with the provision 4.D. above, Carson Long agrees to establish a training program for staff regarding the ADA and the procedures to be followed in the event that a student with severe allergies or another comparable impairment requires emergency treatment.
6. Carson Long agrees to conduct an individualized assessment of any student with a disability to determine whether Carson Long can reasonably accommodate that student’s request for accommodation. Medical authorities will be consulted in making this determination.
7. Carson Long agrees that it will not discriminate or retaliate against any person because they filed this complaint with the Department or cooperated with its investigation.
8. In the interest of resolving this matter amicably, Carson Long will pay $5,000 to Brett Sawyer.
9. Carson Long agrees that within ten business days of receiving a signed Waiver and Release of Claims from the complainant and his parents, it will mail a certified check to the complainant in the amount of $5,000, by overnight express to an address to be provided by the Department. The Waivers and Release of Claims are attached on pages 6, 7, and 8. Carson Long will send the Department a copy of the check and transmittal letter to the complainant within ten days of sending the check to him.
III. IMPLEMENTATION & ENFORCEMENT OF AGREEMENT9. The Department may review compliance with this Agreement at any time. If the Department believes that Carson Long is not in compliance with this Agreement or any requirement of this Agreement, the Department agrees to notify Carson Long in writing of the alleged noncompliance. Carson Long shall have thirty (30) days to respond to the Department regarding the alleged non-compliance, and the Parties will attempt in good faith to resolve the matter informally. If the Parties are unable to reach a resolution, the Department may seek appropriate relief from a federal court. Failure by the Department to seek enforcement of or relief under this Agreement, or any of its provisions, shall not be construed as a waiver of the Department’s rights under this Agreement. If a Court determines that Carson Long has violated the terms of this Agreement and the ADA, Carson Long shall be subject to all available remedies under the ADA.
10. This Agreement is a public document. A copy of this document, or any information contained herein, may be made available to any person. The Parties shall provide a copy of this Agreement to any person or entity upon request.
11. This Agreement is binding on the Parties, and their successors in interest, and Carson Long shall have a duty to so notify all such successors in interest of the existence and terms of this Agreement.
12. The individuals signing this Agreement represent that they are authorized to bind the Parties to this Agreement.
13. This Agreement constitutes the entire Agreement between the Parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by the Parties or agents of the Parties, that is not contained in this written Agreement, shall be enforceable.
14. 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.
For the United States:Ralph F. Boyd, Jr.
Assistant Attorney General for Civil RightsBy: __________________________
John L. Wodatch, Chief
Allison Nichol, Deputy Chief
Shelia K. Delaney
Felicia L. Sadler
Trial Attorneys
Disabilty Rights Section
Civil Rights Division-NYA
U.S Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530
(202) 353-2289Dated: 3/7/03
For Carson Long Military Institute:__________________________
Elizabeth Quigley
Counsel
Dated: 2/11/03
WAIVER AND RELEASE OF CLAIMS
I, Brett Sawyer, hereby agree that in consideration of the terms set forth in the Settlement Agreement between Carson Long Military Institute and the United States Department of Justice, I hereby release Carson Long Military Institute and all of his officers, agents, directors, employees, and representatives, as well as any affiliated entities, successors and assigns, without limitation, from any and all legal claims arising from or related to the facts and circumstances described in the Settlement Agreement resolving Department of Justice complaint number DJ # 202-63-47 under Title III of the Americans with Disabilities Act. This includes, but is not limited to, all claims for monetary or equitable relief that I may have under federal, state, or local law.
I acknowledge that I am familiar with the facts and circumstances of Department of Justice Complaint No. DJ # 202-63-47. I acknowledge that I am aware of the contents of the Settlement Agreement and this Release. I have been advised that, before signing this release, I have the right to consult a private attorney regarding its contents. I have read this release and understand its contents, and choose to sign it of my own free will and not under duress.
AGREED TO AND SIGNED THIS 5th DAY OF March , 2003
________________________________
Brett Sawyer
________________________
Notary Public
WAIVER AND RELEASE OF CLAIMS
I, Cynthia Sawyer, hereby agree that in consideration of the terms set forth in the Settlement Agreement between Carson Long Military Institute and the United States Department of Justice, I hereby release Carson Long Military Institute and all of his officers, agents, directors, employees, and representatives, as well as any affiliated entities, successors and assigns, without limitation, from any and all legal claims arising from or related to the facts and circumstances described in the Settlement Agreement resolving Department of Justice complaint number DJ# 202-63-47 under Title III of the Americans with Disabilities Act. This includes, but is not limited to, all claims for monetary or equitable relief that I may have under federal, state, or local law.
I acknowledge that I am familiar with the facts and circumstances of Department of Justice Complaint No. DJ# 202-63-47. I acknowledge that I am aware of the contents of the Settlement Agreement and this Release. I have been advised that, before signing this release, I have the right to consult a private attorney regarding its contents. I have read this release and understand its contents, and choose to sign it of my own free will and not under duress.
AGREED TO AND SIGNED THIS 6th DAY OF March , 2003
______________________________
Cynthia Sawyer
___________________________
Notary Public
WAIVER AND RELEASE OF CLAIMS
I, Michael Sawyer, hereby agree that in consideration of the terms set forth in the Settlement Agreement between Carson Long Military Institute and the United States Department of Justice, I hereby release Carson Long Military Institute and all of his officers, agents, directors, employees, and representatives, as well as any affiliated entities, successors and assigns, without limitation, from any and all legal claims arising from or related to the facts and circumstances described in the Settlement Agreement resolving Department of Justice complaint number DJ # 202-63-47 under Title III of the Americans with Disabilities Act. This includes, but is not limited to, all claims for monetary or equitable relief that I may have under federal, state, or local law.
I acknowledge that I am familiar with the facts and circumstances of Department of Justice Complaint No. DJ # 202-63-47. I acknowledge that I am aware of the contents of the Settlement Agreement and this Release. I have been advised that, before signing this release, I have the right to consult a private attorney regarding its contents. I have read this release and understand its contents, and choose to sign it of my own free will and not under duress.
AGREED TO AND SIGNED THIS 5th DAY OF March , 2003
_______________________________
Michael Sawyer
________________________
Notary Public
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June 16, 2003