SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
McLEAN HOSPITAL

1. The parties to this Settlement Agreement ("Agreement") are the United States of America and The McLean Hospital Corporation ("McLean"), located in Belmont, Massachusetts.
2. This matter was initiated by Complaint No 2016V00005 filed with the United States Department of Justice (the "United States") against McLean alleging disability discrimination.

I. BACKGROUND

3. The complainant, Ms. O, requires a wheelchair.
4. The Gunderson Residence is a program at McLean ("the Facility") that provides therapeutic services and residence services to women with Borderline Personality Disorder.
5. The Facility is a three-story townhouse. All common spaces – kitchen, bathrooms, and meeting rooms—are located on the first floor. All bedrooms are located on the second and third floors.
6. Ms. O requested admission to the Facility. However, she was immediately denied admission because of her need for wheelchair accessibility.

II. INJUNCTIVE RELIEF

7. The Americans with Disabilities Act (ADA) requires reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities. To comply, the Facility shall, within six (6) months of the effective date of this agreement:
   1. Make any alteration to the Facility's first floor common areas necessary to meet the 2010 ADA Standards for Accessible Design in order to accommodate individuals with a disability, including those who use wheelchairs; and
   2. Provide alternative, off-site accessible housing to patients, otherwise qualified for treatment within the program, whose mobility related disability prevents them from using stairs; and
   3. Provide transportation for patients whose mobility related disability causes them to be housed off-site. These transportation services will include transporting the patient to the Facility each morning and transport them back to their alternative housing each evening after the day's programing at the Facility, and will also include providing transportation for the patient to any off-site location when transportation is also provided to other patients; and
   4. Provide training for all intake staff regarding the Facility's new policies on accommodating patients with mobility related disabilities.

III. ENFORCEMENT AND IMPLEMENTATION

8. The effective date of this Agreement is the date of the latest dated signature below.
9. The duration of this Agreement will be two (2) years from the effective date.
10. This Agreement fully and finally resolves any and all of the allegations by the complainant and the United States in this case. It is not intended to remedy any other potential violations of the ADA by McLean.
11. 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 McLean and the parties will attempt to resolve the concerns in good faith. The United States will give McLean thirty (30) days from the date it notifies McLean of any breach of this Agreement to cure that breach, before instituting any court action. If the parties are unable to reach a satisfactory resolution within that period, the United States may bring a civil action in federal district court to enforce this Agreement or Title III, and may in such action seek any relief available under law.
12. Notices: All notices, reports, or other such documents required by this Agreement shall be sent by e-mail and U.S. priority mail to the following address:

    Greg Dorchak
    Presidential Management Fellow
    Civil Rights Unit
    United States Attorney's Office
    District of Massachusetts
    Moakley Federal Courthouse
    1 Courthouse Way, Suite 9200
    Boston, MA 02210
    Gregory.Dorchak@usdoj.gov

13. During the term of this Agreement, McLean will notify the United States of any written complaint, lawsuit, charge, or grievance alleging discrimination by McLean on the basis of disability. Such notification must be provided in writing within fifteen (15) days of when McLean has received written notice of the allegation and will include, at a minimum, the nature of the allegation, the name of the individual bringing the allegation, and any documentation possessed by McLean relevant to the allegation.
14. In consideration for the terms set forth above, the United States will not institute a civil action alleging violations of the ADA based on Complaint No 2016V00005, except as provided in paragraph 12, above.
15. Failure by the United States to enforce this entire Agreement or any of its provisions shall not be construed as a waiver of its right to enforce other provisions of the Agreement.
16. 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.
17. 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 and does not affect McLean's continuing responsibility to comply with all aspects of the ADA.
18. This Agreement shall be binding on McLean, its agents and employees. In the event McLean seeks to transfer or assign all or part of its interest in any facility covered by this Agreement, and the successor or assign intends on carrying on the same or similar use of the facility, as a condition of sale McLean shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.
19. This Agreement constitutes the entire agreement between the United States and McLean on the matters raised in the Agreement and no other 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 its attachments, shall be enforceable.
20. A signatory to this document in a representative capacity for either party represents that he or she is authorized to bind that party to this Agreement.
21. McLean will not retaliate against, or coerce in any way any person trying to exercise the rights of any person under this Agreement.