BACKGROUND
1. This matter was initiated by a complaint filed by Mark D. Stivers ("Complainant") under title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181-12189, with the United States Department of Justice ("Department") against Concorde Career Colleges, Inc. ("Concorde"). The complainant alleged that officials at Concorde’s campus formerly located in Anaheim, California (and presently located in Garden Grove, California) unlawfully imposed a special condition on his admission as a prospective student because it regarded him as disabled.
2. Concorde owns and operates private schools or places of education and is headquartered in Mission, Kansas. It is a public accommodation covered by title III of the ADA. 42 U.S.C. § 12181(7)(j).
3. The Department is authorized to investigate complaints under title III of the ADA and to bring suit in particular cases. 42 U.S.C. § 12188(b)(1)(B).
4. This Agreement is entered into as a compromise to avoid the time, trouble, and expense of litigating the disputed claims associated with this complaint, and the parties acknowledge and agree that the terms and conditions set forth in this Agreement should not be construed as an admission of liability by Concorde.
AGREEMENT
5. Concorde will refrain from imposing additional admission requirements on prospective students with disabilities or prospective students it regards as disabled.
6. Concorde will make individualized assessments of prospective students to determine whether each student satisfies the eligibility criteria for admission to its program. The complainant, Mark D. Stivers, will be evaluated under this eligibility criteria should he decide to reapply for admission to Concorde’s programs.
7. Concorde will ensure that any of its admission eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities are necessary for the provision of the vocational education program to which the individual applies.
8. Within 180 days of the effective date of this Agreement, Concorde will provide training to all management officials and employees involved in admissions concerning the requirements of the ADA and their obligations to ensure non-discrimination in the admissions process. Concorde will submit a report within 30 days of the conclusion of the training that lists the names of employees who were trained and includes a set of the training materials.
9. Concorde will compensate the complainant in this matter by sending a certified check in the amount of $3,000 by certified mail to the address provided by the Department within 10 days of its receipt of the fully executed settlement agreement. A copy of the check and Concorde’s cover letter will be sent to the Department within 10 days after the original is sent to the complainant.
10. In consideration of the promises made in ¶¶ 5 through 9 of this Agreement, the Department agrees that it shall obtain from the Complainant a waiver and release of claims signed by the Complainant in the attached Waiver and Release of Claim.
11. In consideration of the promises made in ¶¶ 5 through 9, the Department agrees to close the investigation of complaint DJ# 202-12C-149 and to refrain from bringing a civil action against Concorde except as provided in ¶ 12.
ENFORCEMENT
12. The Department may review compliance with this Agreement at any time within a period of two years from the effective date of this Agreement. If the Department determines that this Agreement or any of its requirements has been violated, it may institute a civil action in federal district court to enforce this Agreement or the requirements of title III, following written notice to Concorde of the possible violation and a period of 10 days in which Concorde has the opportunity to cure the alleged violation.
13. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of the Department’s right to enforce other deadlines and provisions of this Agreement.
IMPLEMENTATION
14. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person upon request.
15. The effective date of this Agreement is the date of the last signature below.
16. 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 either party or agents of either party, that is not contained in this written agreement, will be enforceable.
17. This Agreement is limited to the facts set forth above and does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect Concorde’s continuing responsibility to comply with all aspects of title III of the ADA.
18. The person signing this document for Concorde represents that s/he is authorized to bind Concorde to this Agreement.
19. This Agreement will remain in effect for two years from its effective date.
FOR CONCORDE CAREER INSTITUTE: FOR THE UNITED STATES:
DIANE HAWKINS JENKS
______________________
Date
WILLIAM R. YEOMANS
Acting Assistant Attorney General
Civil Rights Division
By: _____________________________
JOHN L. WODATCH, CHIEF
Susan Buckingham Reilly, Deputy Chief
Phyllis M. Cohen, Senior Trial Attorney
Carolyn Russell, Investigator
Disability Rights Section
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035
( 202) 307-0633
_______________
Date
September 20, 2001