SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
DUKE UNIVERSITY
DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-54-20
re:
barrier removal, alterations and new construction, and
modification of policies and practices to make classes and programs accessible
Background
1. This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12181-12189 (the ADA), with the United States Department of Justice against Duke University. The complainant, who uses a wheelchair, alleged that Duke University has violated title III of the ADA and the Department of Justice's implementing regulation, 28 C.F.R. Part 36, by failing to make the campus accessible to persons with disabilities.
2. The parties to this Agreement are the United States of America and Duke University. The parties agree that this Agreement is not an admission of violation and should not be construed as an admission by Duke University of any violation.
3. In order to avoid the burdens and expenses of further investigation and possible litigation, the parties hereby agree as follows:
Jurisdiction
4. The ADA authorizes the Department of Justice to investigate alleged violations of title III. 42 U.S.C. § 12188(b)(1). The Department of Justice is also authorized to commence a civil action in United States district court if the Department of Justice is unable to secure voluntary compliance in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties. 42 U.S.C. §§ 12188(a)(2) and 12188(b). In consideration of the terms of this Agreement as set forth herein, the Department of Justice agrees to refrain from undertaking further investigation of this matter or from filing civil suit in this matter.
5. Duke University, located in Durham, North Carolina, is a place of education operated by a private entity, and its operations affect commerce. It is a place of public accommodation covered by title III of the ADA. 42 U.S.C. § 12181(7)(J).
6. The subject of this Settlement Agreement is Duke University's obligation under 42 U.S.C. § 12182 (b)(2)(A)(ii) to modify policies, practices and procedures in order to afford services and facilities to individuals with disabilities, Duke University's obligation under 42 U.S.C. § 12182(b)(2)(A)(iii) to provide auxiliary aids and services when necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals, Duke University's obligation under 42 U.S.C. § 12182 (b)(2)(A)(iv) to remove architectural barriers in existing facilities where such removal is readily achievable, and Duke University's obligation under 42 U.S.C. § 12183(a) to undertake alterations in such a manner that they are readily accessible to and usable by persons with disabilities to the maximum extent feasible.
Remedial Action
7. In order to meet its obligations as set out in paragraph 6, Duke University will modify policies and procedures and will complete modifications to the campus as set forth below. References to the "Standards" are to the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A. The requirements set forth herein apply only to places of public accommodation located on the Duke University campus unless other facilities are specifically listed. The term "minimally accessible building" means an individual using a wheelchair can readily enter the building and navigate all or nearly all of the first floor, although other floors and elements (such as restrooms) may not be accessible.
Facilities that are not minimally accessible include, but may not be limited to, the following:
Certain campus Drive structures
Card Gymnasium
East Duke
West Duke
Art Building
Bivens Building (including Art Studio, Gallery, and Radio Station)
The Ark
Kilgo Quad
Craven Quad
Crowell Quad
Few Quad
Gilbert-Addoms Dormitory
Wilson House Dormitory
8. Within 10 days of the effective date of this Agreement, Duke University will adopt and carry out policies, procedures, and structural changes necessary to accomplish the following:
a. Locate all classes in which individuals with physical disabilities are enrolled in accessible spaces in facilities that are at least minimally accessible, unless doing so would fundamentally alter the nature of the class (e.g., a class that requires use of immovable laboratory equipment need not be moved to a minimally accessible building where such equipment cannot be provided). In relocating classes, preference will be given to using fully accessible buildings wherever possible. In the progress reports required to be filed under paragraph 27 of this Agreement, Duke University shall report all instances in which it has not moved a class from an inaccessible space, although individuals with physical disabilities are enrolled in the class, because moving the class would fundamentally alter its nature.
b. Locate all programs other than classes in accessible spaces in facilities that are at least minimally accessible unless doing so would fundamentally alter the nature of the program. In the progress reports required to be filed under paragraph 27 of this Agreement, Duke University shall report all instances in which it has not located a program in an accessible space in a minimally accessible facility because doing so would fundamentally alter the nature of the program.
c. Programs and functions requiring that audience members access the stage in an auditorium or theater will be held at facilities with accessible stages.
d. Duke University will adopt a shuttle bus route schedule to ensure that accessible buses run regularly and frequently on each route, and Duke will make the schedule of accessible buses widely available and will continually update the schedule as buses are replaced or break down.
e. Access to accessible restrooms in Cameron Indoor Stadium will be assured during public functions.
f. Access to Perkins Library and the Cafe will be assured during all hours that they are open.
g. The ramp landing at Undergraduate Financial Services will be kept clear of barriers.
h. Duke University will continue its policy of making dormitory rooms accessible upon enrollment of students with disabilities until two percent of dormitory rooms are accessible (see paragraph 14(b)). Duke will publicize this policy in all future publications of housing brochures and applications.
i. Until all public telephones and emergency telephones are made accessible, as specified in paragraphs 13(f) and 13(g), Duke University will continue its policy of providing hand-held cellular telephones to all students with disabilities who cannot access the public and emergency telephones on campus. Duke University will make all reasonable efforts to make emergency telephones accessible before the deadline specified in paragraph 13(g).
j. Duke will continue its policy of permitting students with hearing impairments to select their dormitory space according to the same selection process applicable to other students and subsequently retrofitting the rooms to meet the students' needs.
k. Duke will continue its policy of assigning space at the Washington Duke Inn to guests with hearing impairments according to the same criteria applicable to other guests and subsequently retrofitting the room to meet the guests' needs. Duke will maintain ready access to at least six portable kits of TTY's and notification devices for guests with hearing impairments for use at the Washington Duke Inn.
l. Duke University will ensure that accessible toilet rooms and accessible showers are made available to people with disabilities at the Washington Duke Inn upon request. Signage indicating the availability of these accessible facilities and the procedures for requesting them will be posted in an accessible location outside the Washington Duke Inn locker room.
9. Within 180 days of the effective date of this Agreement, Duke will conduct a survey of all of its facilities and create a list of all facilities to which each of the paragraphs numbered 10 through 15 of this Agreement apply. By the 180th day after the effective date of this Agreement, Duke will submit the survey list to the Department. Within 60 days of its receipt of the survey list, the Department will review the survey list and provide its comments to Duke. Both the Department of Justice and Duke University reserve the right to renegotiate the time frame set forth in paragraph 15 of this Agreement if the survey demonstrates that the actions set forth in that paragraph can be completed significantly sooner than set forth therein or cannot be completed within the proposed time frame.
10. The following actions will be completed within 60 days of the Department's approval of the survey list:
a. At least one drinking fountain will be made wheelchair accessible in the following facilities. The accessible fountains will be located on an accessible route (Standards §§ 4.1.3(1), 4.1.3(10), 4.3, 4.15).
West Campus Union
Bryan University Center
New Divinity
Language Building
Perkins Library
Sociology/Psychology
Social Sciences
Allen Building
Law School
Biological Sciences
Physics Building
Engineering
North Building
Bishop's Houseb. Duke University will develop a plan and schedule for making at least one drinking fountain accessible in each minimally accessible building not listed in paragraphs 10(a), 11(i), or 12(g) and will submit the plan and schedule to the Department for approval.
c. At least one of each type of vending machine in all minimally accessible buildings on campus will be made accessible. The accessible vending machine(s) will be located on an accessible route (Standards §§ 4.1.3(1), 4.1.3(13), 4.3, 4.27).
d. Accessible parking spaces will be provided in each university parking lot and will meet ADA requirements for dimensions, signage, access aisles, cross slope, and relation to curb cuts. Duke will provide at least 196 accessible spaces, including 25 van accessible spaces. Accessible spaces will be distributed among parking lots in numbers equal to that required by the Standards1. Spaces will be distributed within parking lots so as to be convenient to all buildings served by the lot and will be distributed proportionately among areas reserved for students, areas reserved for employees, areas reserved for visitors, and other categories of restricted and unrestricted parking on campus (Standards §§ 4.1.2(5), 4.1.2(7)(a), 4.6). This paragraph applies to, but is not limited to, parking in the following areas.
Drive adjacent to the chapel
Adjacent to the Bryan Center
Kilgo Quad
Craven Quad
Along Wannamaker Drive
Eden Residence Halls
Adjacent to New Divinity
Telecommunications
Adjacent to Sociology/Psychology
Sarah Duke Gardens
Along Science Drive adjacent to the Fuqua School of Business
Along Science Drive adjacent to the Law School
Rear of the Law School
Rear of Gross Chemical Lab
Adjacent to Biological Sciences
Rear of the Physics Building
Engineering
Corner of Science Drive and Research Drive
North Building
Undergraduate Admissions
Center for International Studies
Latin American Studies
Undergraduate Financial Services
Canadian Studies
University Development
Alumni House
Facilities Center
East Campus along Campus Drive
Duke Museum
Baldwin Auditorium
Carr Building
Gilbert-Addoms Dormitory
East New Dorms 1 and 2
East Campus Gym
Adjacent to the Art Building
Branson Building
Campus side of Mary Biddle Music Building
Rear of Mary Biddle Music Building
Bishop's House
Epworth Residence
705 Broad Street
Children's Campus
Public Safety (Jordan Building)
402 and 406 Oregon
Each parking lot will contain the following number of accessible spaces:
Total Number of Parking Spaces in Lot Required Minimum Number of Accessible Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1000 2 percent of total 1001 and over 20 plus 1 for each 100 over 1000
e. Accessible carrels or tables will be made available in each library, including, but not limited to, Perkins Library, in a number equal to at least five percent of the total number of carrels available in the library. The accessible carrels or tables will be on accessible routes (Standards §§ 4.1.3(18), 4.32, 8.2).
11. The following actions will be completed within 180 days of the Department's approval of the survey list:
a. The classes and programs identified under paragraphs 8(a) and (b) for which location in an accessible space would be a fundamental alteration in the nature of the class or program will be located in accessible spaces in facilities that are at least minimally accessible. This may be accomplished by moving the class or program to a minimally accessible facility or by making the current facility minimally accessible.
b. All existing signage in Thomas Executive Center and Cameron Indoor Stadium that does not meet the requirements of the Standards will be modified as needed to provide Braille and raised characters where signage identifying permanent rooms or spaces is provided (Standards § 4.1.2.(7), 4.1.3(16), 4.30.4).
c. Except as noted in paragraph 13(k), all currently accessible toilet rooms, including, but not limited to, those in the sleeping rooms of the Thomas Executive Center shall be altered so that all toilet rooms currently designated as accessible will meet the grab bar requirements of the Standards (Standards §§ 4.1.3(11), 4.16.4, 4.22, 4.26).
d. Certain doors at accessible entrances, on egress routes, on accessible circulation paths, at accessible spaces, and into rooms containing school-related student activities (such as classrooms, auditoriums, laboratories, administrative offices, meeting rooms, etc.), will be modified so as to be accessible (Standards §§ 4.1.3(7), 4.13).
(1) The rear entrance of Sociology/Psychology will either be adjusted so that the maximum force required to open the door is 8 lbf or will have an automatic door opener installed (Standards § 4.13.12).
(2) The rear entrance of the Law School and the accessible entrance to Duke Museum will be modified so as to provide the required maneuvering clearances or an automatic door opener will be installed (Standards § 4.13.6).
(3) The double-leaf entry doors into Page Auditorium will be modified so that at least one leaf provides the required clear width and maneuvering clearances (Standards §§ 4.13.4, 4.13.5, 4.13.6).
(4) The entry door into Undergraduate Admissions will be modified to meet the requirements for thresholds (Standards § 4.13.8).
(5) The following doors will be modified so as to provide accessible hardware (Standards § 4.13.9).
Rear entry into Sociology/Psychology
Entrance of Social Sciences
Entrance of Undergraduate Admissions
University Development(6) The doors at the south side entry of West Campus Union will be modified to meet the requirements for clear width (Standards § 4.13.5).
(7) The turnstiles in the north side of the West Campus Union eatery will be modified so that the turnstile is not the only means of passage. Accessible gates or doors shall be provided adjacent to the turnstiles and shall be so designed as to facilitate the same use pattern (Standards § 4.13.2).
e. Elevator controls in the following buildings will be modified to meet the requirement of the Standards (Standards §§ 4.1.3(5), 4.10.12).
Duke Museum
Academic Advisingf. Duke will ensure that certain ramps meet the requirements of the Standards (Standards §§ 4.1.2(1), 4.1.2(2), 4.1.2(4), 4.1.3(1), 4.8). This paragraph applies to the following.
(1) The ramps in Cameron Indoor Stadium will be modified so as to provide edge protection (Standards § 4.8.7).
(2) Ramps in the following facilities will be modified so that ramp slope does not exceed 1:12 (Standards § 4.8.2).
Sarah Duke Gardens, wooden ramps
Biological Sciences, adjacent to the auditorium
Entrance into Lancaster(3) The ramp at the entrance of the Facilities Center will be modified so that it does not contain any vertical step of more than _ inch, or of more than _ inch if a bevel is present with a slope no greater than 1:2 (Standards § 4.5.2).
(4) Ramps in the following areas will be modified so that continuous handrails are provided along both sides of the ramp (Standards §§ 4.8.5, 4.26).
Entrances of the Facilities Center
Interior ramps in the old Law School building
Cameron Indoor Stadium
Interior ramp at Washington Duke Inng. The following sales and service counters, information counters, and ticket windows will be modified so that they are on an accessible route and provide an area accessible to persons using wheelchairs. If all counters are not accessible, the accessible counter(s) will be prominently identified by the International Symbol of Accessibility (Standards §§ 4.30 Figure 43(a), 7.2). If accessible counters are not readily visible from the inaccessible counters, directional signage will be posted at the inaccessible counters.
Page box office
Bryan University Center information counters
Perkins Library
Washington Duke Inn lobby
Washington Duke Inn Pro Shoph. Assistive listening devices will be made available in assembly areas as required by the Standards. Receivers will be provided in a number equal to at least 4 percent of the total seating capacity of the assembly area. Signage will be installed to notify patrons of the availability of the listening system (Standards §§ 4.1.3(19)(b), 4.33.6, 4.33.7). This paragraph applies to, but is not limited to, the meeting rooms in the Washington Duke Inn.
i. At least one drinking fountain will be made wheelchair accessible in the following facilities. The accessible fountains will be located on an accessible route (Standards §§ 4.1.3(1), 4.1.3(10), 4.3, 4.15).
Old Divinity/Gray Building
Nuclear Building
Nello Teer Library
Alumni House
Duke Museum
Mary Biddle Duke Music Buildingj. All fire alarm distribution systems will be both audible and visual (Standards §§ 4.1.3(14), 4.28). Any existing alarms that are installed higher than required by the Standards need not be altered. This paragraph applies to, but is not limited to, the fire alarm distribution system in the Sociology/Psychology building.
12. The following actions will be completed within one year after the Department's approval of the survey list:
a. At least one non-service entrance of the following university buildings will be made accessible (Standards §§ 4.1.3(8), 4.13, 4.14) and any changes necessary to make each building minimally accessible will be made (see paragraph 7). Each building will then be considered minimally accessible and will comply with paragraph 10(c) and all subsequently applicable paragraph.
Aycock Residence
Brown Residence
Bassett Residence
Baldwin Auditorium
Pegram Residence
Alspaugh Residence
Giles Residence
Southgate Residence
Card Gymnasium
b. Each dormitory will contain at least two accessible toilet rooms (one for each gender), or one unisex toilet room, and at least two accessible showers with folding seats (one for each gender). In dormitories with 50 or more rooms, the accessible showers shall be roll-in showers. The accessible showers and accessible toilet rooms will be located on an accessible route from the accessible entrance and from the accessible room(s) (Standards §§ 4.1.3(11), 4.21, 4.22, 9.1.2). This paragraph does not apply to the following facilities.
Kilgo Quad
Craven Quad
Crowell Quad
Few Quadc. All classrooms, auditoriums, and stadiums with fixed seating will provide aisle seats with no armrests on the aisle side or with removable or folding armrests on the aisle side equal in number to one percent of the total number of seats in the facility. Each such seat will be identified by a sign or marker. Signage notifying patrons of the availability of such seats will be posted at the ticket office, or, if tickets are not sold to events in the facility, on the main entrance doors of the facility (Standards § 4.1.3(19)(a)).
d. Except as noted in paragraph 13(h), all food service lines shall be modified to have a minimum clear width of 36 inches; tray slides shall be modified so as to be no higher than 34 inches above the floor; and where self-service shelves are provided, they will be modified so that at least 50 percent of each type are within accessible reach ranges (Standards §§ 4.2.5, 4.2.6, 5.5). This paragraph applies to, but is not limited to, food service lines in the following areas.
West Campus Union
Thomas Executive Center
East Campus Unione. Convenient and logical accessible circulation paths will be provided to and among all university buildings and other facilities that are at least minimally accessible and that are not dedicated exclusively to maintenance or storage (Standards
§§ 4.1.2(1), 4.1.2(2), 4.1.2(4), 4.1.3(1), 4.2, 4.3, 4.4, 4.5, 4.7). This paragraph applies to, but is not limited to, the following.(1) A route that is accessible as to width, passing space, head room, surface textures, slope, changes in level, and floor surfaces, will be provided in the following areas (Standards §§ 4.3, 4.5).
Main gate entrance into campus
From Eden Residence Halls to accessible parking and to West Campus
Walk to the entrance of Intramural Building
To the doors of the tennis courts adjacent to the Intramural Building
Entry walkway at East Campus Gym (current walkway has excessive cross slope)
To the two playing fields at the East Campus Gym
From the Art Building to Branson Theater(2) Except as provided in paragraph 13(i), curb ramps will be installed wherever an accessible route crosses a curb, including, but not limited to, the following areas (Standards § 4.7).
Accessible parking spaces along walk from Science Drive to Bryan University Center
Quad side of Wannamaker Hall
Corner of Science Drive and Cameron Boulevard
West side of the intersection at Terry Sanford Public Policy building
Sidewalks along Science Drive at Biological Sciences and Physics Building
Bus drop at the corner of Science Drive and Research Drive
Sidewalks in the parking lot at the corner of Science Drive and Research Drive
Crosswalk on Research Drive at North Building
Crosswalk at East Duke
Walkway adjacent to East Duke to the bus stop
Walkway from Duke Museum to the green
Crosswalk at Bassett Residence rear parking lot
Walks at parking lot behind Carr leading to New Dorms
East New Dorm parking lot
Adjacent to accessible parking at East Campus Gym
Walkway to Broad Street from East Campus Gym
Bus stops and walks adjacent to Trent Drive Hallf. Convenient and logical accessible circulation paths will be provided within all university buildings and other facilities that are at least minimally accessible and that are not dedicated exclusively to maintenance or storage (Standards §§ 4.1.2(2), 4.1.2(4), 4.1.3(1), 4.2, 4.3, 4.4, 4.5). This paragraph applies to, but is not limited to, the following.
(1) A route that is accessible as to width, passing space, head room, surface textures, slope, changes in level, and floor surfaces, will be provided in the following areas (Standards §§ 4.3, 4.5).
From the large meeting space in Undergraduate Admissions to the building exterior
Through Card Gymnasium into the Aquatic Center(2) Cane detectable barriers will be provided at protruding objects, including, but not limited to, the following (Standards § 4.4).
Drinking fountains in Fuqua School of Business
Undersides of stairs at Levine Research Center
Drinking fountains in Washington Duke Inn
Cases in the corridor of Washington Duke Inn(3) Circulation paths will be modified so as to provide at least 36 inches of continuous clearance (32 inches of clearance may be provided at doorways). Passing spaces at least 60 inches by 60 inches or T-intersections will be provided at intervals not to exceed 200 feet (Standards § 4.3.3). This paragraph applies to, but is not limited to, Washington Duke Inn gift shop aisles.
g. At least one drinking fountain will be made wheelchair accessible in the Sarah Duke Gardens. The accessible fountain(s) will be located on an accessible route (Standards §§ 4.1.3(1), 4.1.3(10), 4.3, 4.15).
h. Accessible signage will be added or existing signage will be modified at the Washington Duke Inn (including lobby restrooms) as needed to provide Braille and raised characters where signage identifying permanent rooms or spaces is provided (Standards §§ 4.1.2(7), 4.1.3(16), 4.30.4).
i. In all university buildings and facilities with elevators, the elevators will be modified to meet ADA requirements, except that elevator cab size need not be altered where it varies from ADA alterations requirements less than fourteen inches in width and 12 inches in depth or in buildings where another, fully accessible elevator is located (Standards §§ 4.1.3(5), 4.1.6(3)(c)(ii), 4.10).
(1) This paragraph applies to, but is not limited to, the following facilities.
New Divinity
Perkins Library (including 1924 elevator)
Sociology/Psychology
Social Sciences
Allen Building (including hall call buttons)
Biological Sciences
Physics Building
North Building(2) Elevator controls in the following facilities will be made accessible (Standards § 4.10.12).
Old Chemistry
Nuclear Building
705 Broad Streetj. Ramps in the following areas will be modified so that they do not contain any vertical step of more than .25 inch, or of more than .5 inch if a bevel is present with a slope no greater than 1:2 (Standards §§ 4.1.2(1), 4.1.2(2), 4.1.2(4), 4.1.3(1), 4.5.2).
West Campus Union
Anderson Street entrance to Sarah Duke Gardens
Side of Mary Biddle Music Buildingk. The ramp at Bishop's House will be modified so that it does not hold water after rain (Standards §§ 4.1.2(1), 4.1.2(2), 4.1.3(1), 4.8.8).
l. Sales and service counters, information counters, and ticket windows will be modified so that at least one of each type of counter in each facility is on an accessible route and provides an area accessible to persons using wheelchairs. If all counters are not accessible, the accessible counter(s) will be prominently identified by the International Symbol of Accessibility (Standards §§ 4.30 Figure 43(a), 7.2). If accessible counters are not readily visible from the inaccessible counters, directional signage will be posted at the inaccessible counter. This paragraph applies to, but is not limited to, counters in the following areas.
Allen Building registrar's office
Levine Research Center information countersm. The Nuclear Building entry door call box will be moved to meet the requirements of the Standards for controls and operating mechanisms (Standards §§ 4.1.3(13), 4.2.5, 4.2.6, 4.27).
n. Duke University will conduct a survey of how to provide accessible means of access to all floors of all university buildings with more than two stories, including dormitories, apartment buildings, classrooms, and other buildings, where any story is 3,000 square feet or more (Standards § 4.1.3(1), 4.1.3(5), 4.10). One year after the Department's approval of the survey list, Duke will submit the results of this survey to the Department. Within 60 days of its receipt of the survey results, the Department will review the results and provide its comments to Duke.
13. The following actions will be completed within two years of the Department's approval of the survey list:
a. Duke University will obtain a mobile lift for the Aquatic Center swimming pool that will be available and in place at all times that the pool is available for public use (Standards § 4.1.3(1)).
b. All venues housing sporting events and concerts will have accessible means of access from lockers and other areas used by players and from the seating area to the field or stage (Standards §§ 4.1.3(1), 4.1.3(5) Exception 4, 4.11, 4.33.5).
c. All auditoriums and theaters containing more than 300 seats will contain accessible seating equal in number to that required by the Standards, and each accessible seating location will have a fixed companion seat next to it. Accessible seating areas will be provided in more than one location (Standards §§ 4.1.3(19)(a), 4.33).
d. All venues housing sporting events, concerts, or other events where patrons routinely stand will provide accessible seating that provides lines of sight over spectators standing in the rows in front of the accessible seats (Standards §§ 4.1.3(19)(a), 4.33.3).
e. All public and common use spaces in dormitories, apartment buildings, and other places of lodging will be accessible (except toilet and shower rooms, which are addressed separately in paragraphs 14(a) and 15(g)) (Standards § 9.1.1). This paragraph does not apply to the following areas.
Kilgo Quad
Craven Quad
Crowell Quad
Few Quad
Gilbert-Addoms Dormitory
Wilson House Dormitory
Jarvis Residence commons
Aycock Residence commonsf. At least one fully accessible public telephone will be provided in each building and at each location containing a public telephone (Standards §§ 4.1.3(17), 4.31). This paragraph applies to, but is not limited to, public telephones in the following facilities.
Flowers
Bryan University Center
Fuqua School of Business
Thomas Executive Center
Mary Biddle Music Building
Washington Duke Inng. All emergency telephones on campus will be made fully accessible (Standards §§ 4.1.3(17), 4.31).
h. The salad bar at the Rathskeller shall be modified to have a minimum clear width of 36 inches; tray slides shall be modified so as to be no higher than 34 inches above the floor; and where self-service shelves are provided, they will be modified so that at least 50 percent of each type are within accessible reach ranges (Standards §§ 4.2.5, 4.2.6, 5.5).
i. Curb ramps will be installed in the following areas (Standards § 4.1.2(1), 4.1.2(2), 4.1.2(4), 4.1.3(1), 4.3, 4.7).
Circle around Chapel Drive
Main Street entrance to East Campus
East Campus within campus walls
Route from the Art Building to the Bivens Buildingj. Gym locker rooms will be renovated to provide accessible lockers (Standards § 4.1.3(12)(a), 4.25). This paragraph applies to, but is not limited to, East Campus Gym.
k. As part of the renovation scheduled for the Washington Duke Inn, but not later than two years from the Department's approval of the survey list, the currently accessible toilet rooms in the accessible rooms of the Washington Duke Inn will be modified to meet the grab bar requirements of the Standards (Standards §§ 4.1.3(11), 4.16.4, 4.22, 4.26), and the thermostats in the accessible rooms of the Inn will be moved to meet the requirements of the Standards for controls and operating mechanisms (Standards §§ 4.1.3(13), 4.2.5, 4.2.6, 4.27).
14. The following actions will be completed within three years of the Department's approval of the survey list:
a. Each accessible floor of each building on which common use showers are provided will contain at least one accessible shower for each gender for which showers are provided. In dormitories, apartment buildings, and other places of transient lodging with 50 or more rooms, at least 1/3 of all accessible showers will be roll-in showers. If not all bathing facilities have an accessible shower, the accessible bath room(s) will be identified by the International Symbol of
Accessibility (Standards §§ 4.1.3(11), 4.23, 4.30 Figure 43(a)). In determining the location of accessible showers, proximity to and availability of accessible routes to accessible rooms shall be given priority. This paragraph does not apply to the following facilities.Kilgo Quad
Craven Quad
Crowell Quad
Few Quad
Gilbert-Addoms Dormitory
Wilson House Dormitoryb. Dormitories, apartment buildings, and other places of transient lodging will have accessible rooms in a number equal to two percent of the total number of rooms provided on campus. These rooms will be distributed throughout the campus, on various floors of each accessible facility, and shall offer a choice of sizes, types, and amenities (Standards §§ 9.1, 9.2). However, accessible rooms in dormitories with no accessible means of vertical access to upper or lower floors may be located on the accessible ground floor. Each accessible room will be served by at least one accessible toilet room and at least one accessible shower.
c. An accessible route will be provided from the accessible entrance of each dormitory, apartment building, or other place of transient lodging to each accessible dormitory room or apartment and to each accessible public or common use area (including toilet rooms) (Standards § 4.1.3(1)). This paragraph does not apply to the following dormitories.
Kilgo Quad
Craven Quad
Crowell Quad
Few Quad
Gilbert-Addoms Dormitory
Wilson House Dormitoryd. At least one entrance door into at least 50% of all dormitory rooms on each accessible floor of all accessible dormitories where accessible rooms are located will provide a clear opening at least 31_ inches wide. At least one entrance
door into each dormitory room on accessible floors of accessible dormitories where accessible rooms are located will be accessible to people using wheelchairs, taking the following factors into account: door width, hall width, and offset hinges. This paragraph does not apply to the following dormitories.Kilgo Quad
Craven Quad
Crowell Quad
Few Quad
Gilbert-Addoms Dormitory
Wilson House Dormitory
Edens Residence Halls
15. The following actions will be completed within five years of the Department's approval of the survey list:
a. All existing signage that does not meet the requirements of the Standards will be replaced with signage complying with the Standards, and signage will be added where needed to indicate accessible routes (Standards §§ 4.1.2(7), 4.1.3(16), 4.30). This paragraph includes, but is not limited to, the following.
(1) Accessible signage will be added or existing signage will be modified as needed to provide Braille and raised characters where signage identifying permanent rooms or spaces is provided (Standards § 4.30.4). This paragraph applies to, but is not limited to, signage in the following areas.
Bryan University Center
Sociology/Psychology
Fuqua School of Business
Gross Chemical Lab
Engineering (including the "new" portion of the building)
705 Broad Street
Old Divinity/Gray Building(2) Signage identifying rooms and spaces will be relocated as needed so as to be on the wall adjacent to the latch side of the door, or, where there is no wall space to the latch side of the door, on the nearest
adjacent wall (Standards § 4.30.6). This paragraph applies to, but is not limited to, signage in the Levine Research Center.(3) Signage will be added as needed to identify and provide directions to accessible routes and entrances (Standards §§ 4.1.2(7)(c), 4.1.3(16)(b)). This paragraph applies to, but is not limited to, signage in the following areas.
Route from parking lot to Kilgo Quad
Route from parking lot to Craven Quad
Entrance into Telecommunications
Nello Teer Library
Entrance into East Campus Union
Entrance into Mary Biddle Music Buildingb. All doors at accessible entrances, on egress routes, and on accessible circulation paths, and at least one door at each accessible space and into each room containing any school-related student activity (such as classrooms, auditoriums, laboratories, administrative offices, meeting rooms, etc.), will be modified so as to be accessible (Standards §§ 4.1.3(7), 4.13). The provisions of this paragraph do not apply to Kilgo Quad, Craven Quad, Crowell Quad, Few Quad, Gilbert-Addoms Dormitory, or Wilson House Dormitory.
(1) All doors at accessible entrances, on egress routes, and on accessible circulation paths, and at least one door at each accessible space, will either be adjusted so that the maximum force required to open the door is 8 lbf or will have an automatic door opener installed (Standards § 4.13.12). This paragraph applies to, but is not limited to, the entrance of the Language Building.
(2) Doors will be modified as needed so as to provide the required maneuvering clearances (Standards § 4.13.6). This paragraph applies to, but is not limited to, the following doors.
Unisex toilet room in the basement of the Language Building
Adjacent to the corridor ramp in the Sociology/ Psychology building(3) Double-leaf doors will be modified so that at least one leaf provides the required clear width and maneuvering clearances (Standards §§ 4.13.4, 4.13.5, 4.13.6).
(4) Doors, including, but not limited to, the doors within Bishop's House, will be modified to meet the requirements for thresholds (Standards § 4.13.8).
(5) Doors, including, but not limited to, those in the following areas will be modified so as to provide accessible hardware (Standards § 4.13.9).
Entrances to Old Divinity/Gray Building
Entrance of the Language Building
Old Chemistry (all doors)
First floor of the Allen Building (all doors)
Interior of Biological Sciences
Engineering (including lower level entry and classroom doors)
North Building
Alumni House
Entrance of Facilities Center
Duke Museum classrooms
Bishop's House
Accessible restroom in Academic Advising(6) Doors, including, but not limited to, those in the following areas, will be modified to meet the requirements for clear width (Standards § 4.13.5).
Restroom on the 2nd floor of the Allen Building
Unisex toilet room in the basement of the Language Building(7) Areas accessed by turnstiles will be modified so that the turnstile is not the only means of passage. Accessible gates or doors shall be provided adjacent to the turnstiles and shall be so designed as to facilitate the same use pattern (Standards § 4.13.2).
c. In all university buildings and facilities with elevators, the elevator controls will be made accessible. (Standards §§ 4.1.3(5), 4.1.6(3)(c)(ii), 4.10.12).
d. In all university buildings and facilities with ramps, wherever ramps are part of the accessible route, Duke will ensure that the ramps meet the requirements of the Standards (Standards §§ 4.1.2(1), 4.1.2(2), 4.1.2(4), 4.1.3(1), 4.8). This paragraph includes, but is not limited to, the following.
(1) Ramps will be modified as needed so as to provide edge protection (Standards § 4.8.7).
(2) Ramps will be modified as needed so that ramp slope does not exceed 1:12 (Standards § 4.8.2). This paragraph applies to, but is not limited to, ramps in the following areas.
Archway of West Campus Union
Rear of Old Chemistry
Anderson Street entrance to Sarah Duke Gardens
Fuqua School of Business' Geneen Auditorium
Rear entry into Biological Sciences
Entrance of the Nuclear Building
Entrances of the Facilities Center
Walkway to Medical Services adjacent to East Campus Union
Walkway between Pegram and Alspaugh Residence
buildingsThis paragraph does not apply to ramps in the following areas.
Sarah Duke Gardens, non-wooden ramps
Basement of the Language Building
Corridor of Sociology/Psychology
Weston LaBarre Auditorium
Interior of old Law School building
Gross Chemical Lab, adjacent to the auditorium(3) Ramps will be modified so that they do not contain any vertical step of more than _ inch, or of more than _ inch if a bevel is present with a slope no greater than 1:2 (Standards § 4.5.2). This paragraph does not apply to non-wooden ramps in the Sarah Duke Gardens.
(4) Ramps, including, but not limited to, those in the following areas, will be modified so that continuous handrails are provided along both sides of the ramp (Standards §§ 4.8.5, 4.26).
Weston LaBarre Auditorium
Fuqua School of Business' Geneen Auditorium
Gross Chemical Lab, adjacent to the auditorium
Ramp from Anderson Street entrance to the rose
garden in Sarah Duke Gardens
Corridor of Sociology/Psychology(5) Ramps, including, but not limited to, the ramp into the rear of Old Chemistry, will be modified so that their cross-slope is not more than 1:50 (Standards § 4.8.6).
(6) Ramps will be modified so that they do not hold water after rain (Standards § 4.8.8).
(7) A permanent ramp will be installed at the rear of the Branson Building with a slope of not more than 1:12 (Standards § 4.8.2).
e. Accessible seating locations in the number specified by the Standards2 will be provided in all classrooms, meeting rooms, and other auditoriums and stadiums with a seating capacity of 300 or less, including, but not limited to, those in the Law School. The accessible locations shall be on an accessible route. If fixed seats are provided, a fixed companion seat will be provided next to each accessible seating location (Standards §§ 4.1.3(18), 4.1.3(19), 4.32, 4.33) 3.
Footnotes:
2 In places of assembly with fixed seating, accessible wheelchair locations shall be provided consistent with the following table:
Capacity of Seating in Assembly Area Number of Required Wheelchair Locations 4 to 25 1 26 to 50 2 51 to 300 4 301 to 500 6 Over 500 6 plus 1 for each total seating capacity increase of 100 3 Standards §§ 4.1.3(18) and 4.32 apply where fixed or built-in tables (including, but not limited to, study carrels and student laboratory stations) are provided. Standards §§4.1.3(19) and 4.33 apply otherwise.
f. Controls and operating mechanisms designed for public use and located in accessible rooms or along accessible circulation paths will be moved as needed to meet the requirements of the Standards (Standards §§ 4.1.3(13), 4.2.5, 4.2.6, 4.27).
g. Each floor of each building on which toilet rooms are provided will contain at least one accessible toilet room. If not all toilet rooms are accessible, the accessible rooms will be identified by the International Symbol of Accessibility (Standards §§ 4.1.3(11), 4.22, 4.30 Figure 43(a)). In determining the location of accessible toilet rooms, proximity to and availability of accessible routes to accessible rooms shall be given priority. This paragraph does not apply to the following facilities.
Kilgo Quad
Craven Quad
Crowell Quad
Few Quadh. At least one non-service entrance of each university building or other facility not dedicated exclusively to maintenance or storage will be made accessible (Standards §§ 4.1.3(8), 4.13, 4.14) and any changes necessary to make each building minimally accessible will be made (see paragraph 7). Each building will then be considered minimally accessible and will comply with paragraphs 10(c), 12(e), 12(f), and all subsequently applicable paragraphs. This paragraph applies to, but is not limited to, the following buildings.
Language Building
Old Chemistry
Sociology/Psychology
Social Sciences
Biological Sciences
Physics Building
Engineering
North Building
Latin American Studies
Canadian Studies
University Development
Alumni House
Branson Building
Crowell Building
Law School
This paragraph does not apply to the following facilities:Kilgo Quad
Craven Quad
Crowell Quad
Few Quad
Gilbert-Addoms Dormitory
Wilson House Dormitoryi. Gym locker rooms will be renovated to provide accessible showers (Standards § 4.1.3(11), 4.23). This paragraph applies to, but is not limited to, the East Campus Gym. This paragraph does not apply to the Washington Duke Inn.
16. While Duke contracts with the City of Durham, or any other entity, for the provision of buses, Duke will require by contract that the entity provide accessible buses in a manner that ensures equivalent service to people with disabilities. Until the City of Durham's operation of the bus service is fully phased in, Duke will continue to provide accessible transportation on routes operated by the University. If Duke reacquires the operation of its bus system, Duke will ensure that the buses are operated in a manner that ensures equivalent service to people with disabilities.
17. All buildings made at least minimally accessible after the effective date of this Agreement will contain at least one wheelchair-accessible drinking fountain located on an accessible route. As drinking fountains currently in place are regularly replaced on campus, they will be replaced by accessible drinking
fountains until the scoping provisions of the Standards are met in each facility (Standards §§ 4.1.3(10), 4.15).
18. In buildings made at least minimally accessible after the effective date of this Agreement, at least one of each type of accessible vending machine will be accessible and located on an accessible route. As vending machines currently in place are regularly replaced on campus, they will be replaced by accessible vending machines until the scoping provisions of the Standards are met in each facility (Standards §§ 4.1.3(13), 4.27).
19. Any facility that is not made accessible because it is not used as a place of public accommodation will be brought into compliance with the ADA and with this Agreement if and when it starts being used as a place of public accommodation after the effective date of this Agreement.
20. As public telephones are regularly replaced, they will be replaced by telephones that meet the Standards until the scoping provisions of the Standards are met in each facility (Standards §§ 4.1.3(17), 4.31).
21. Duke will continue to make its map of accessible circulation paths and other accessible features widely available and will continually update the map.
22. Any structural changes undertaken pursuant to this Agreement, including, but not limited to, alterations to facilities listed in paragraph 7, will meet fully the alterations requirements of the Standards.
23. All buildings and facilities constructed or altered by or on behalf of Duke University after the effective date of this Agreement will fully comply with the ADA Standards for Accessible Design.
24. Within thirty days of the effective date of this Agreement, Duke will compensate the complainant in this matter by sending a certified check in the amount of $7,500.00 by certified mail to the address provided by the Department. A copy of the check will also be furnished to the Department.
25. Within thirty days of the effective date of this Agreement, Duke will pay to the United States the sum of $25,000 in civil penalties by certified check payable to the United States Treasury. The check will be sent to the address noted at the end of this Agreement.
Implementation and Enforcement of the Agreement
26. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person. Duke University shall provide a copy of this Agreement to any person on request.
27. Duke University will provide progress reports to the Department of Justice within 30 days after each deadline in this Agreement. The reports will describe all modifications completed or begun since the previous deadline and will include sufficient information for the Department to assess the compliance of each modification with the terms of this Agreement and the requirements of the ADA.
28. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute a civil action in Federal district court seeking specific performance of this Agreement or enforcement of the requirements of the ADA following written notice to Duke University of the possible violation and a period of ten (10) days in which Duke University has the opportunity to cure the alleged violation. The Attorney General is authorized to seek civil penalties and monetary damages pursuant to 42 U.S.C. § 12188(b)(2)(C).
29. 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 its right to enforce other deadlines and provisions of this Agreement.
30. The effective date of this Agreement is the date of the last signature below.
31. 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 under its provisions.
32. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal law. This Agreement does not affect Duke University's continuing responsibility to comply with all aspects of title III of the ADA.
33. The signer of this document for Duke University represents that he or she is authorized to bind Duke University to this Agreement.
For the United States:
Bill Lann Lee
Assistant Attorney General
for Civil Rights
By:______________________________
John L. Wodatch
Allison Nichol
Naomi Milton
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(202) 514-9807
Date_____________________________
For Duke University:
By:__________________________
Tallman Trask, III
Executive Vice-President
Duke University
Date_________________________
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February 6, 2001