SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
AND VALLEY HOPE ASSOCIATION
UNDER THE AMERICANS WITH DISABILITIES ACT

BACKGROUND

1. The parties to this Settlement Agreement are the United States of America and Valley Hope Association ("Valley Hope").
2. This matter is based upon a complaint filed with the United States Department of Justice, in which a Complainant alleged that Valley Hope discriminated against him on the basis of his disability in violation of title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12181-12189. Specifically, the Complainant alleges that Valley Hope refused to allow him to room with a roommate without revealing his HIV status or work in the kitchen because he has HIV.
3. The parties have reached an agreement that it is in the parties' best interests, and the United States believes that it is in the public interest, to resolve this dispute. The parties have therefore voluntarily entered into this Agreement, agreeing as follows:

TITLE III COVERAGE AND DETERMINATIONS

4. The Attorney General is responsible for administering and enforcing title III of the ADA, 42 U.S.C. §§ 12181-12189, and the relevant regulation implementing title III, 28 C.F.R. Part 36.
5. The Complainant, an individual with HIV, has a physical impairment that substantially limits one or more major life activities, including the functions of the immune system, which is a major bodily function. Accordingly, he has a disability within the meaning of 42 U.S.C. § 12102 and 28 C.F.R. § 36.104.
6. Valley Hope is a Kansas non-profit corporation with its principal place of business located at 103 S Wabash Ave., Norton, Kansas 67654. Valley Hope owns and operates sixteen addiction treatment centers in seven states across the Midwest.
7. Among its sixteen locations, Valley Hope has a short-stay (generally less than 30 days) residential addiction treatment facility located at 1816 N 2nd St., Atchison, KS 66002, known as Valley Hope Atchison ("Atchison").
8. Valley Hope owns, leases (or leases to), or operates places of public accommodation within the meaning of 42 U.S.C. § 12182(a); is a private entity within the meaning of 42 U.S.C. § 12181(6); and is a place of public accommodation within the meaning of 42 U.S.C. § 12181(7), because it affects commerce and operates a facility that provides rooms for sleeping stays that primarily are short-term in nature and is considered a service establishment, because it offers addiction treatment services to the public.. See also 28 C.F.R. § 36.104.
9. Under title III of the ADA, no person who owns, leases (or leases to), or operates a place of public accommodation may discriminate against an individual on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a).
10. Ensuring that facilities and service establishments do not discriminate on the basis of disability is an issue of general public importance. The United States is authorized 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 to bring a civil action in federal court in any case that raises issues of general public importance. 42 U.S.C. §§ 12188(b), 12212; 28 C.F.R. §§ 36.502, 503, 506.
11. As a result of its investigation, the United States has determined:
    1. From December 24, 2016, to January 10, 2017, the Complainant stayed at Atchison to receive treatment services offered by Valley Hope.
    2. As part of the intake process at Atchison, individuals are asked about their HIV status or if they would like to be tested.
    3. Complainant self-identified as having HIV.
    4. During a typical stay at Atchison, an individual would have a roommate, but Complainant was told that because he has HIV he had to either room by himself or reveal his status to a potential roommate. Complainant would have preferred to have a roommate, but he opted to room alone.
    5. Valley Hope's employees confirmed that Valley Hope's practice or policy is that individuals with HIV are required to have a separate room unless the individual is willing to reveal his or her status to the potential roommate.
    6. During a typical stay at Atchison, an individual would have the option to engage in work activity around the facility including helping in the kitchen, but when Complainant offered to wash dishes after lunch, he was informed in front of other patients that he could not work in the kitchen because he has HIV.
    7. Valley Hope's employees confirmed that the practice or policy is to exclude individuals with HIV from working in the kitchen and that Complainant was excluded pursuant to this policy or practice.
    8. Because of the practice or policies related to individuals with HIV, Complainant wanted to and did leave Atchison prior to completion of the program, and he made arrangements for future treatment through an outpatient service in Texas, including outpatient visits to Valley Hope in Grapevine, Texas.
12. The United States has determined that Valley Hope discriminated against the Complainant by denying him the opportunity to equally participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of Valley Hope on the basis of HIV, in violation of 42 U.S.C. § 12182 and 28 C.F.R. § 36.201.
13. The Complainant is an aggrieved person pursuant to 42 U.S.C. § 12188(b)(2)(B).

ACTIONS TO BE TAKEN BY VALLEY HOPE ASSOCIATION

14. Valley Hope residential treatment facilities will not discriminate against any individual on the basis of disability, including HIV or AIDS, in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations offered at any of its current or future locations, in violation of title III of the ADA, 42 U.S.C. § 12182, and its implementing regulation, 28 C.F.R. Part 36.
15. For the duration of this agreement and within 21 days of receipt of any written or oral complaint made to Valley Hope alleging discrimination based on HIV or AIDS, Valley Hope shall send written notification to counsel for the United States with a copy of any such written complaint (or, if an oral complaint was made, a description of the oral complaint) and a complete copy of Valley Hope's response.
16. Within 30 days of the effective date of this Agreement, Valley Hope will submit a draft non-discrimination policy to the United States for its review and approval. The non-discrimination policy will state that Valley Hope does not discriminate in the provision of services to persons with disabilities, including persons who have HIV or AIDS. The non-discrimination policy will also direct those with questions, concerns, or complaints about how to make contact with Valley Hope regarding those issues. Within 21 days of approval by the United States, Valley Hope will adopt and implement the non-discrimination policy, and Valley Hope will maintain and enforce the non-discrimination policy for the duration of this Agreement. Valley Hope will conspicuously post the non-discrimination policy in the reception area of each current and future residential or outpatient facilities in which Valley Hope has a controlling interest, and as a link on the company's main webpage or "homepage," currently located at http://www.valleyhope.org, as well as on the homepage of any current or future Valley Hope website, for the duration of this Agreement.
17. After Valley Hope receives written approval by counsel for the United States under paragraph 19 of this Agreement, it will within 120 days of receiving that approval, and in 2018 and 2019, as well, provide training on title III of the ADA to all Valley Hope employees and contractors who are involved with admissions or counseling, including training about HIV/AIDS and discrimination in general. Valley Hope is required to provide the training required by this Agreement only to such contractors who on the effective date of this Agreement are under a contract by which Valley Hope may require compliance with this training obligation.
18. In addition, Valley Hope will ensure that all new employees and contractors who are involved with admissions or counseling receive the training referenced in paragraph 17 as a component of new employee training and orientation through the duration of this Agreement. Valley Hope shall provide the training to such new employees and contractors within 45 days of their start date.
19. All training manuals or written or electronic materials dealing with Valley Hope's policies and practices used in the trainings required in paragraphs 17 and 18 or created or substantively revised after the effective date of this Agreement shall be consistent with the provisions of this Agreement, and approved in advance by counsel for the United States.
20. Valley Hope shall create and maintain a log that documents the name of each individual who participates in the trainings required in paragraphs 17 and 18, his or her title, and the date he or she participated in the training(s). This log may be kept in electronic format. Copies of such log shall be provided to the United States within 21 days of any written request for it.
21. Within 30 days of the effective date of this Agreement Valley Hope will pay $20,000.00 to the Complainant to compensate him for the alleged harm he has endured (including, but not limited to, emotional distress, pain, and suffering). Valley Hope shall provide written notification to counsel for the United States, including a copy of the check, when it has completed the actions described in this paragraph.
22. Within 30 days of the effective date of this Agreement, Valley Hope will pay a civil penalty in the amount of $5,000.00 as authorized by 42 U.S.C. § 12188(b)(2)(C) and 28 C.F.R. § 36.504(a)(3), as amended, in order to vindicate the public interest.
23. Valley Hope will notify the United States in writing when it has completed the actions described in paragraphs 16-18. This notification need only be provided when all of Valley Hope's treatment facilities, including all employees, outpatient and residential treatment facilities have completed the action required in the relevant paragraph(s). Notification of Valley Hope's completion of the training described in paragraph 17-18 will be provided to the United States on an annual basis within 60 days of the end of each calendar year covered by this Agreement. If any issues arise that affect the anticipated completion dates set forth in paragraphs 14-22, Valley Hope will immediately notify the United States of the issue(s), and the parties will attempt to resolve those issues in good faith.

OTHER PROVISIONS

24. In consideration for the Agreement set forth above, the United States will close its investigation of DJ # 202-29-62 and will not institute a civil action at this time alleging discrimination based on the findings set forth in paragraph 11. However, the United States may review Valley Hope's compliance with this Agreement or title III of the ADA at any time. If the United States believes that title III of the ADA, this Agreement, or any portion of it has been violated, it may institute a civil action in the appropriate U.S. District Court to enforce this Agreement and/or title III of the ADA.
25. Failure by the United States to enforce any provision of this Agreement is not a waiver of its right to enforce any provision of this Agreement.
26. 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 provision materially alters the rights or obligations of the parties, the United States and Valley Hope 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.
27. This Agreement is binding on Valley Hope, including all principals, agents, executors, administrators, representatives, employees, and beneficiaries. In the event that Valley Hope seeks to sell, transfer, or assign substantially all of its assets or a controlling membership position in Valley Hope during the term of this Agreement, then, as a condition of such sale, transfer, or assignment, Valley Hope will obtain the written agreement of the successor, buyer, transferee, or assignee to all obligations remaining under this Agreement for the remaining term of this Agreement.
28. The signatory for Valley Hope represents that he or she is authorized to bind Valley Hope to this Agreement.
29. This Agreement constitutes the entire agreement between the United States and Valley Hope on the matters raised herein, and no prior or contemporaneous statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written agreement, including any attachments, is enforceable. This Agreement can only be modified by mutual written agreement of the parties.
30. This Agreement does not constitute a finding by the United States that Valley Hope is in full compliance with the ADA. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement, including any other claims for discrimination on the basis of HIV or AIDS. Nothing in this Agreement relieves Valley hope of its obligation to fully comply with the requirements of the ADA.
31. The paragraph headings in this Agreement are for convenience only and will not be deemed to affect in any way the language or meaning of the provisions to which they refer.
32. Valley Hope shall not discriminate or retaliate against any person because of his or her participation in this matter.

EFFECTIVE DATE/TERMINATION DATE

33. The effective date of this Agreement is the date of the last signature below.
34. The duration of this Agreement will be three years from the effective date.