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 Millikin University. The complainant alleged that Millikin 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 certain buildings on its campus accessible to persons with disabilities.

2. The complaint referenced in ¶ 1 above was investigated by the United States Departments of Justice (DJ# 202-24-10); the United States Department of Education (#05-00-2015); and the United States Department of Housing and Urban Development (HUD Case #05-98-1364-8). This Agreement resolves all of these investigations as they relate to matters concerning title III the ADA. 1

3. The parties to this Agreement are the United States of America, acting through the Department of Justice (DOJ), and Millikin University. The parties agree that this Agreement is not an admission of violation and should not be construed as an admission by Millikin University of any violation.

4. In order to avoid the burdens and expenses of further investigation and possible litigation, the parties hereby agree as follows:

Jurisdiction

5. The ADA authorizes the DOJ to investigate alleged violations of title III, 42 U.S.C. § 12188(b)(1), and to commence a civil action 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(b). In consideration of the terms of this Agreement as set forth herein, the DOJ agrees to refrain from undertaking further investigation of this matter or from filing civil suit in this matter against Millikin University.

6. Millikin University, located in Decatur, Illinois, 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).

7. The subject of this Settlement Agreement is:

a. Millikin 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;

b. Millikin 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;

c. Millikin 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

d. Millikin 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.

e. Millikin University’s obligation under 42 U.S.C. § 12183 to ensure that all new construction is readily accessible to and usable by persons with disabilities.

Remedial Action

8. In order to meet its obligations as set out in ¶ 7 above, Millikin University 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 Millikin University campus unless other facilities are specifically listed. The term "public use area" refers to any location on Millikin University campus or within any facility located on Millikin University campus open to the public, students, and/or faculty.

9. Within 2 years of the effective date of this Agreement, Millikin University will
accomplish the following:

a. In all facilities, there shall be a sufficient amount of maneuvering space such that all doors along accessible routes are usable for persons who use wheelchairs. Standards 4.13.6. Millikin will make changes to the following facilities in order to meet the requirements of this paragraph:

Shilling Hall, Career Center, Interview Room
Walker Hall, Unisex Toilet Room, First Level

b. In all facilities, all doors in public use areas will require no more than 5 lbf to open. Standards 4.13.11 Millikin will make changes to the following facilities in order to meet the requirements of this paragraph:

Richard Treat University Center, Men’s and Women’s Toilet Rooms, Upper Level and Lower Levels
Staley Library, Men’s and Women’s Toilet Rooms, First and Lower Level
Staley Library, Computer Graphics Lab Vestibule, Lower Level
Shilling Hall, Student Lounge, First Level
Mueller Hall, Men’s and Women’s Toilet Room, First Level
Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower Level
New Halls and Weck Hall, Entrance
New Halls and Weck Hall, Public Toilet Room
New Halls and Weck Hall, Laundry Room

c. Standard 4.13.9 requires that doors in public use areas shall be equipped with hardware that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Millikin will make changes to the following facilities in order to make certain doors compliant with Standard 4.13.9:

Richard Treat University Center, Men’s and Women’s Toilet Rooms, Lower Level
Staley Library, Music Room, First Level
Staley Library, Men’s and Women’s Toilet Rooms, First and Lower Level
Gorin Hall, Men’s Toilet Room, First Level
New Halls and Weck Hall, Exterior Doors
New Halls and Weck Hall, First Floor Public Use Toilet Rooms
New Halls and Weck Hall, First Floor Lounge
New Halls and Weck Hall, First Floor Laundry Room
New Halls and Weck Hall, First Floor Dormitory Rooms, door and closet door

d. Standards 4.30.4, 4.30.5, 4.30.6 require that signage with Braille and raised letters and/or numbers be provided on the latch side of doors to dormitory rooms, doors to dormitory lounges, and doors to dormitory laundry rooms. Millikin will make changes to the following facilities in order to make certain doors compliant with Standards 4.30.4, 4.30.5, 4.30.6:

New Halls and Weck Hall, First Floor Public Use Toilet Rooms
New Halls and Weck Hall, First Floor Dormitory Rooms
New Halls and Weck Hall, First Floor Lounge
New Halls and Weck Hall, First Floor Laundry Room

e. In any facility where seating areas, booths, tables, or picnic areas are provided, at least one such seating area, booth, table, or picnic area shall be accessible to persons who use wheelchairs. Standards 4.3, 4.32. Millikin will make changes to the following facilities 2 in order to meet the requirements of this paragraph:

Richard Treat University Center, Lounge, Lower Level, Booths
Walker Hall, Picnic Area, Exterior

f. In all parking facilities, the access aisle for the designated van accessible parking space shall be of sufficient width. Standards 4.1.2(5)(b). Millikin will make changes to the following facility in order to meet the requirements of this paragraph:

New Hall 2 and Weck Hall, Parking

g. In all parking facilities, the designated van accessible parking space and access aisle shall be level in all directions. Standards 4.6.3. Millikin will make changes to the following facility in order to meet the requirements of this paragraph:

New Hall 2 and Weck Hall, Parking

h. In all facilities where public men’s and/or women’s toilet rooms are provided, signage with Braille and raised letters will be provided on the latch side of the door to the toilet room. Standards 4.30.4, 4.30.5, 4.30.6. Millikin will make changes to the following facilities in order to meet the requirements of this paragraph:

Richard Treat University Center, Men’s and Women’s Toilet Rooms, Upper and Lower Levels
Staley Library, Men’s and Women’s Toilet Rooms, First and Lower Level
Gorin Hall, Men’s Toilet Room, First Level
Shilling Hall, Men’s and Women’s Toilet Rooms, First Level
Pilling Chapel, Men’s and Women’s Toilet Rooms, Lower Level
Mueller Hall, Men’s and Women’s Toilet Rooms, First Level
Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower Level
Walker Hall, Unisex Toilet Room, First Level
Blackburn Hall, Language Lab Toilet Room, First Level
New Halls and Weck Hall, Public Toilet Room
Oakland Hall, Common Grounds Coffee Shop, Men’s and Women’s Toilet Rooms

i. In all facilities where public men’s and/or women’s toilet rooms are provided, at least one lavatory faucet in each toilet room shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. Standards 4.19.5. Millikin will make changes to the following facilities in order to meet the requirements of this paragraph:

Richard Treat University Center, Men’s and Women’s Toilet Rooms, Upper Level and Lower Levels
Staley Library, Men’s and Women’s Toilet Rooms, First and Lower Level
Kirkland Fine Arts Center, Men’s and Women’s Toilet Room, First Level
Mueller Hall, Men’s and Women’s Toilet Room, First Level
Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower Level
Walker Hall, Unisex Toilet Room, First Level
Blackburn Hall, Language Lab Toilet Room, First Level

j. In all facilities where public men’s and/or women’s toilet rooms are provided, at least one sink shall be provided in which the lavatory hot water and drain pipes are insulated. Standards 4.19.4. Millikin will make changes to the following facilities in order to meet the requirements of this paragraph:

Richard Treat University Center, Men’s and Women’s Toilet Rooms, Upper Level and Lower Levels
Staley Library, Men’s and Women’s Toilet Rooms, First and Lower Level
Perkinson Music Center, Men’s and Women’s Toilet Rooms, Lower, First, and Second Levels
Shilling Hall, Men’s and Women’s Toilet Rooms, First Level
Kirkland Fine Arts Center, Men’s and Women’s Toilet Rooms, First Level
Mueller Hall, Men’s and Women’s Toilet Room, First Level
Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower Level
Walker Hall, Unisex Toilet Room, First Level
Blackburn Hall, Language Lab Toilet Room, First Level
Oakland Hall, Common Grounds Coffee Shop, Men’s and Women’s Toilet Rooms
Oakland Hall, Dormitory, the ADA-designated Men’s and Women’s Toilet Rooms

k. In all facilities where public men’s and/or women’s toilet rooms are provided, a paper towel dispenser shall be accessible for persons who use wheelchairs. Standards 4.1.3(13), 4.27.3. Millikin will make changes to the following facilities in order to meet the requirements of this paragraph:

Perkinson Music Center, Men’s and Women’s Toilet Rooms, Lower, First, and Second Levels
Kirkland Fine Arts Center, Men’s and Women’s Toilet Room, First Level
Mueller Hall, Men’s and Women’s Toilet Room, First Level
Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower Level
Walker Hall, Unisex Toilet Room, First Level
Blackburn Hall, Language Lab Toilet Room, First Level
New Halls and Weck Hall, Public Toilet Room

l. In all facilities where public men’s and/or women’s toilet rooms are provided, in those stalls requiring a rear toilet grab bar, the bar shall be directly behind the toilet and shall be of sufficient length consistent with Standard 4.17.6. Millikin will make changes to the following facility in order to meet the requirements of this paragraph:

Shilling Hall, Men’s and Women’s Toilet Room, First Level

m. In all facilities where public men’s and/or women’s toilet rooms are provided, and there is no separate toilet stall within the toilet room, grab bars must be provided near the toilet consistent with Standard 4.16.4. Millikin will make changes to the following facility in order to meet the requirements of this paragraph:

Walker Hall, Unisex Toilet Room, First Level

n. In all facilities where a mirror is provided in a public men’s and/or women’s toilet or locker rooms, there shall be a lowered mirror consistent with Standard 4.19.6. Millikin will make changes to the following facilities in order to meet the requirements of this paragraph:

Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower Level
Walker Hall, Unisex Toilet Room, First Level

o. In all facilities where a wall-mounted hair dryer is provided in a public men’s and/or women’s toilet or locker rooms, at least one hair dryer shall be provided at an accessible location for persons who use wheelchairs. Standards 4.27.3. Millikin will make changes to the following facility in order to meet the requirements of this paragraph:

Griswold Physical Education Center, Women’s Locker Rooms - Lower Level

p. Where drinking fountains are provided, at least one drinking fountain will be made wheelchair accessible. 3 Standard 4.15. Millikin will make changes to the following facilities in order to meet the requirements of this paragraph

Richard Treat University Center, Upper Level, Lower Level, Dining Hall
Staley Library, All Levels
Shilling Hall, All Levels
Kirkland Fine Arts Center, First Level
New Halls and Weck Hall, Lounge

q. Where drinking fountains are provided, there shall be at least one drinking fountain at a standard height that is accessible for individuals who have difficulty bending or stooping. 4 Standards 4.1.3(10)(a). Millikin will make changes to the following facilities in order to meet the requirements of this paragraph:

Kirkland Fine Arts Center, First Level
Pilling Chapel, Lower Level
Oakland Hall, Dormitory, All Levels

r. In all facilities where coat hooks are provided, at least one hook shall be at an accessible height for persons who use wheelchairs. Standard 4.25.3. Millikin will make changes to the following facilities in order to meet the requirements of this paragraph:

Richard Treat University Center, Dining Hall
Perkinson Music Center, Men’s and Women’s Toilet Rooms, Lower, First, and Second Levels
Pilling Chapel, Lower Level

s. In any facility where a computer for checking email is available to students and/or faculty, a computer for checking email will be provided at an accessible height for persons who use a wheelchair. Millikin will make changes to the following facilities in order to meet the requirements of this paragraph:

Stalely Library, Circulation Area, First Level
New Halls and Weck Hall, Living Area

t. In any facility where dining services are provided and where a tray rack or conveyor is designated for placing dirty dishes, there shall be a tray rack or conveyor of appropriate height and location such that persons who use wheelchairs can deposit dirty dishes. Standards 5.5. Millikin will make changes to the following facility in order to meet the requirements of this paragraph:

Richard Treat University Center, Dining Hall, Upper Level 5

10. Within three (3) years of the effective date of this Agreement, Millikin University will accomplish the following:

a. In all lecture halls or classrooms with fixed tiered seating, sufficient clear floor space on an accessible route shall be provided to accommodate a wheelchair seating area. Standards 4.3, 4.32. Millikin will make changes to the following facility in order to meet the requirements of this paragraph:

Shilling Hall, Classroom 317, Third Level
Shilling Hall, Classroom 322 and 327, Third Level

b. An accessible route shall be provided from the outside of all facilities to the entrance of all facilities. Standards 4.3. If a curb ramp is used to provide access to an entrance to a facility, such ramp shall be stable, firm, and slip resistant, have a landing at the top and a slope of no more than 1:12. Standards 4.3, 4.5, 4.7, 4.8. The door thresholds of exterior doors of accessible entrances to all facilities shall be flat and have a change in level no greater than one-half (_) inch. Standards 4.3.8, 4.13.8. Millikin will make changes to the following areas in order to meet the requirements of this paragraph:

Mueller Hall, Main Entrance 6
Richard Treat University Center, Exterior Entrance at Lower Level 7
Griswold Physical Education Center, First Level Entrance, Gymnasium
Corner House, Entrance 8
New Halls and Weck Hall, Entrance, Interior Vestibule Door

c. In all facilities, all doors in public use areas and along accessible routes shall have a clear opening width of at least 32 inches. Standard 4.13.5. Millikin will make changes to the following facilities in order to meet the requirements of this paragraph:

Shilling Hall, Career Center, Interview Room 9
Walker Hall, Unisex Toilet Room, Vestibule Door, First Level 10
Blackburn Hall, Language Lab Toilet Room, Vestibule Door, First Level 11

d. In all outdoor accessible routes on campus where brick pavers meet a concrete walkway, there shall be no change in level greater than 1/2 inch. Standards 4.3.8, 4.5.2. Millikin will make changes to the following area in order to meet the requirements of this paragraph:

Richard Treat University Center, Exterior Entrance at Lower Level 12

e. In all facilities where public men’s and/or women’s toilet rooms are provided, at least one 60 inch wide accessible toilet stall shall be provided. Standard 4.17. Millikin will make changes to the following facilities in order to meet the requirements of this paragraph:

Richard Treat University Center, Men’s and Women’s Toilet Rooms, Upper Level and Lower Levels 13
Staley Library, Men’s and Women’s Toilet Rooms, First and Lower Level
Gorin Hall, Men’s Toilet Room, First Level
Kirkland Fine Arts Center, Men’s and Women’s Toilet Room, First Level
Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower Level
Blackburn Hall, Language Lab Toilet Room, First Level

f. In all facilities where public men’s toilet rooms are provided, there shall be at least one urinal with a lowered rim consistent with Standard 4.18.2. Millikin will make changes to the following facilities in order to meet the requirements of this paragraph:

Richard Treat University Center, Men’s Toilet Rooms Upper Level and Lower Levels
Kirkland Fine Arts Center, Men’s Toilet Room, First Level
Mueller Hall, Men’s Toilet Room, First Level 14
Griswold Physical Education Center, Men’s Locker Rooms, Lower Level

g. In all facilities where public men’s toilet rooms are provided, the clear floor space in front of urinals shall be at least 48 inches deep. Standards 4.18.3. Millikin will make changes to the following facility in order to meet the requirements of this paragraph:

Gorin Hall, Men’s Toilet Room, First Level

h. In all facilities where public men’s and/or women’s toilet rooms are provided, there shall be sufficient knee space and clear floor space underneath the lavatory. Standards 4.19.2. Millikin will make changes to the following facility in order to meet the requirements of this paragraph:

Gorin Hall, Men’s Toilet Room, First Level

i. In all facilities where public men’s and/or women’s showers are provided, there shall be at least one accessible transfer or roll-in shower. 15 Standards 4.21. Millikin will make changes to the following facility in order to meet the requirements of this paragraph:

Griswold Physical Education Center, Men’s and Women’s Locker Rooms, Lower Level

j. In all facilities where public telephones are provided, there shall be a lowered telephone in a location accessible for persons who use wheelchairs. Standards 4.31. Millikin will make changes to the following facilities in order to meet the requirements of this paragraph:

Kirkland Fine Arts Center, First Level, Lobby Area
Griswold Physical Education Center, First Level

k. In all facilities containing a coat check area, access to the coat check area shall be provided along an accessible route. Standards 4.3. Millikin will make changes to the following facility in order to meet the requirements of this paragraph:

Kirkland Fine Arts Center, Coat Check Area, First Level 16

11. The Richard Treat University Center. Millikin University will make the following changes to the Richard Treat University Center:

a. As part of the renovations planned for the Richard Treat University Center, and within 5 years from the effective date of this Agreement, Millikin shall:

(i) Install an elevator so that persons using a wheelchair can access each level of the building, including all public use areas such as dining rooms, lounges, and meeting rooms, without the use of a platform lift and without going outside or otherwise leaving the building.

(ii) Make necessary changes to public toilet rooms such that there is sufficient maneuvering space perpendicular to the door on the pull side for a side latch approach (Standards 4.13.6); there is a 60 inch diameter turning space located within each toilet room (Standards 4.22.3); there is at least one 60 inch wide accessible toilet stall in each toilet room (Standard 4.17); there is at least one urinal with a lowered rim in each men’s toilet room (Standard 4.18.2).

b. Regardless of the renovations planned for the Richard Treat University Center, Millikin shall make all changes specified in, and in a timeframe consistent with, ¶¶ 9(b), 9(c), 9(e), 9(h), 9(i), 9(j), 9(p), 9(r), 10(t), and 10(f) above.

12. Gorin Hall. Millikin University will make the following changes to Gorin Hall:

a. The Financial Aid Office is currently located on the lower level of the building and there is not an accessible route to the lower level. Within two (2) years, Millikin shall locate a buzzer in an accessible area of the first floor with a conspicuous sign indicating that persons with mobility impairments can ring the buzzer for assistance from the Financial Aid Office. Millikin shall send an employee to an accessible area of the first floor to provide financial aid services to persons with mobility impairments. Millikin shall designate an office or room in an accessible area of the first floor so that persons with mobility impairments can work with employees of the financial aid office in private.

b. The Museum is currently located on the upper level of the building and there is not an accessible route to the upper level. Within two (2) years, Millikin shall develop a computer program that provides persons with mobility impairments a graphic and textual description of those exhibits on display in the Museum. Such a program shall be made available either on diskette or CD Rom, or be accessible via the internet. Millikin will ensure that all publications and/or advertisements referencing the Museum make reference to the computer-based alternative.

c. The women’s toilet room is currently located on the upper level of the building and there is not an accessible route to the upper level. Standards 4.1.3. Within three (3) years, Millikin shall renovate the current first floor men’s toilet room into a toilet room for both men and women that is compliant with all relevant Standards. Standards 4.1.6(3)(e)(i).

13. Griswold Physical Education Center. Millikin University will make the following changes to the Griswold Physical Education Center:

a. Within 1 year, Millikin shall add conspicuous signage near the front level entrance indicating that an accessible pedestrian ramp to the gymnasium entrance is provided on the northeast side of the facility.

b. At the designated-accessible entrance, Millikin shall renovate the current ramp system so that it is compliant with Standards 4.3, 4.5, 4.7, 4.8, 4.13.

c. The pool bleachers have fixed tiered seating, and there is not sufficient clear floor space on an accessible route to accommodate any wheelchair seating areas. Standards 4.3, 4.32. Within 3 years, Millikin shall make any necessary policy and/or structural changes to allow persons who use wheelchairs to view events occurring in the pool area, including, but not limited to, creating a sufficient clear floor space on an accessible route at the pool level area to accommodate wheelchair seating.

14. New Halls and Weck Hall. Immediately upon the effective date of this Agreement, Millikin University shall eliminate the "accessible" designation and provide substitute accessible rooms and bathrooms at Oakland Hall. In addition, in order to provide an accessible route from New Halls and Weck Hall to campus, Millikin shall within three (3) years:

a. provide a curb ramp at the marked crossing in front of New Hall 2 (Standards 4.3, 4.7); and

b. modify the curb ramp in front of New Hall 3 and New Hall 4 such that it is stable, firm, and slip resistant; it has a slope that does not exceed 1:12; and there is no change in level at the top of the curb ramp. (Standards 4.3, 4.5, 4.7)

15. Oakland Hall. Millikin University will make changes to Oakland Hall consistent with the following:

a. In the designated accessible room Millikin shall adjust the door so that it requires no more than 5 lbf to open (Standards 9.2.2(3), 4.13.11).

b. In the designated accessible bathroom Millikin shall within one (1) year of the effective date of this Agreement:

(i) insulate the lavatory hot water and drain pipes (Standards 9.2.2(6)(e), 4.23.6, 4.19.4)

(ii) provide a shower seat (Standards 9.1.2, 9.2.2(6)(e), 4.21, Fig.57);

(iii) provide a rear grab bar in the roll-in shower (Standards 9.1.2, 9.2.2(6)(e), 4.21, Fig.57.)

c. In order to provide an accessible route from Oakland Hall to campus Millikin shall within one (1) year of the effective date of this Agreement:

(i) provide a curb ramp or curb cut at Oakland Avenue (Standards 4.1.2 (2), 4.3, 4.7);

(ii) provide conspicuous signage indicating the location of the accessible route from Oakland Hall to campus.

d. In the dormitory rooms which have not been designated accessible, in order to make the bathrooms within each room more usable for persons who use wheelchairs, Millikin shall, upon request of any student living in, or scheduled to live in, Oakland Hall, promptly enlarge the clear opening width of the doorway. This may be accomplished by the installation of an "offset" or specialized hinge to the bathroom door that widens the clear opening of the doorway. In the event that the specialized hinge is not effective, Millikin shall alter the doorway to comply with standard 9.4.

16. Scovill Hall. Millikin University will make the following changes to Scovill Hall:

a. No changes will be necessary prior to the scheduled move of the science department from Scovill Hall to the new science building. No changes will be necessary while Scovill Hall remains vacant and prior to planned renovations.

b. As part of the renovations planned for Scovill Hall, Millikin shall ensure that the renovations comply with all relevant Standards, including, but not limited to, the following:

(i) where drinking fountains are provided, at least one drinking fountain will be made wheelchair accessible. Standard 4.15.

(ii) where public men’s and/or women’s toilet rooms are provided, signage with Braille and raised letters will be provided on the latch side of the door to the toilet room (Standards 4.30.4, 4.30.5, 4.30.6); all lavatory hot water and drain pipes shall be insulated (Standards 4.19.4); at least one 60 inch wide accessible toilet stall shall be provided (Standard 4.17); the clear opening width of the vestibule doors is at least 32 inches (Standards 4.13.5); there shall be at least one urinal (in men’s toilet rooms) with a lowered rim consistent with Standard 4.18.2.

(iii) in all lecture halls or classrooms with fixed tiered seating, sufficient clear floor space on an accessible route shall be provided to accommodate a wheelchair seating area. Standards 4.3, 4.32.

(iv) all doors in public use areas and along accessible routes shall have hardware that does not require tight grasping and twisting of the wrist. Standards 4.13.9.

(v) to the extent the elevator requires a key to operate, such key shall be readily available to persons with mobility impairments.

17. In future construction of dormitories, where dormitory rooms contain a bathroom, the clear opening width of all bathroom doors shall be at least 32". Standards 9.4, 4.13.5.

18. Any structural changes undertaken pursuant to this Agreement, including, but not limited to, alterations to facilities listed in ¶¶ 9 - 16 above, will meet the applicable alterations requirements of the Standards.

19. All buildings and facilities constructed or altered by Millikin University after the effective date of this Agreement will comply with applicable laws and the ADA Standards governing accessible design.

20. Assistive listening devices will be made available in assembly areas pursuant to the Standards. Within three (3) years of the effective date of this Agreement, Millikin shall provide eight (8) receivers in Kirkland Fine Arts Center. 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).

21. 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). With respect to the Kirkland Fine Arts Center, within three (3) years of the effective date of this Agreement, Millikin shall retrofit row 27 of the auditorium such that six wheelchair seating areas exist.

22. As public telephones are 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).

23. Millikin will continue to make its map of accessible circulation paths and other accessible features widely available and will reasonably update the map.

Implementation and Enforcement of the Agreement

24. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person. Millikin University shall provide a copy of this Agreement to any person upon reasonable request.

25. Millikin University will provide progress reports to the DOJ within 90 days after each deadline in this Agreement. The reports will describe all modifications completed or begun since the previous deadline.

26. The DOJ may review compliance with this Agreement upon reasonable written notice to Millikin University by sending representatives to inspect any Millikin University facility, either existing or under construction, that is covered by this Agreement. In addition, Millikin University shall provide the Department of Justice with architectural drawings of planned facilities not yet under construction upon request and reasonable notice, at the DOJ’s expense.

27. If the DOJ reasonably believes that this Agreement has been violated, it may institute a civil action in Federal district court seeking enforcement of this Agreement or enforcement of the requirements of the ADA following written notice to Millikin University of the possible violation and a period of ninety (90) days in which Millikin University has the opportunity to cure the alleged violation.

28. Failure by the DOJ 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.

29. The effective date of this Agreement is the date of the last signature below. The duration of this Settlement Agreement will be five (5) years from the effective date.

30. 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.

31. This Agreement resolves the alleged violations of title III of the ADA and the Department of Justice’s implementing regulation, 28 C.F.R. Part 36 for the buildings and structures addressed in this Agreement and does not purport to remedy any other violations of the Americans with Disabilities Act or any other Federal law. This Agreement does not affect Millikin University's continuing responsibility to comply with all aspects of title III of the ADA.

32. Upon execution of this Agreement and for the duration of this Agreement, provided that all of the obligations are timely met, the United States agrees that the changes to facilities implemented by Millikin University render those facilities sufficiently accessible to persons with disabilities in order to resolve the investigation referenced in ¶ 2 above.

33. The signer of this document for Millikin University represents that he or she is authorized to bind Millikin University to this Agreement.

For the United States:

Ralph F. Boyd, Jr.
Assistant Attorney General
for Civil Rights

By: ______________________________

John L. Wodatch, Chief
L. Irene Bowen, Deputy Chief
Alyse Bass, Trial Attorney
Daniel Werfel, Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(202) 514-5510

Date ____March 14, 2002____________


For Millikin University:


By: _____________________________

Ronald D. Reck
Vice President for Finance and Business Affairs
Millikin University


Date ________March 7, 2002________

___________________________

Footnotes

1. The United States Departments of Justice, Education, and Housing and Urban Development also received complaints under the Fair Housing Act with respect to"The Woods" apartment complex, a privately owned student housing complex located adjacent to Millikin University campus. Nothing in this Agreement should be construed to resolve or terminate any federal investigation of any entity, including Millikin University, with respect to "The Woods." (return)

2. For the purposes of this Agreement, the addition of an accessible table at these locations is sufficient to comply with the requirements of this paragraph. (return)

3. For the purposes of ¶ 9(p), a drinking fountain will be considered accessible if a disposable cup dispenser is provided at an accessible height rendering the drinking fountain usable for persons using a wheelchair. (return)

4. For the purposes of ¶ 9(q), a drinking fountain will be considered accessible if a disposable cup dispenser is provided at an appropriate height rendering the drinking fountain usable for persons who have difficulty bending or stooping. It is Millikin’s intention to comply by providing accessible cup dispensers, rather than reconfiguring the current drinking fountains. (return)

5. It is Millikin’s intention to provide a tray rack, rather than to reconfigure its current conveyor. (return)

6. Because Millikin plans to raze this building within 2 - 4 years of the effective date of this Agreement, changes to Mueller Hall are not required until September 30, 2005 and then only if the building is still in use at that time. (return)

7. This change will not be required provided that: (1) renovations on the Richard Treat University Center have begun within three (3) years of the date of this Agreement; and (2) said renovations will comply with the requirements of ¶ 10 (b) of this Agreement as well all relevant requirements of the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A. (return)

8. No structural changes to the Corner House will be necessary for four years from the effective date of this Agreement. During this time, Millikin will, on request, relocate any scheduled activities or events to an accessible location. After the four years have expired, Millikin University will make any changes required by ¶10(b) only if the facility is a public use area. (return)

9. In complying with this requirement, Millikin University can provide persons with disabilities an alternative room to participate in interviews as long as: (a) Millikin provides notice of the availability of this room; (b) the door to this room is in a public use area along an accessible route and has a clear opening width of at least 32 inches; and (c) the room is otherwise accessible. (return)

10. This change shall be completed within five (5) years of the effective date of this Agreement. (return)

11. This change shall be completed within five (5) years of the effective date of this Agreement. (return)

12. This change will not be required provided that: (1) renovations on the Richard Treat University Center have begun within three (3) years of the date of this Agreement; and (2) said renovations will comply with the requirements of ¶ 10 (d) of this Agreement as well all relevant requirements of the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A. (return)

13. This change will not be required provided that: (1) renovations on the Richard Treat University Center have begun within three (3) years of the date of this Agreement; and (2) said renovations will comply with the requirements of ¶ 10 (e) of this Agreement as well all relevant requirements of the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A. (return)

14. Because Millikin plans to raze this building within 2 - 4 years of the effective date of this Agreement, changes to Mueller Hall are not required until September 30, 2005 and then only if the building is still in use at that time. (return)

15. For the purposes of this Agreement, a shower will be considered accessible if a hand-held shower spray unit with appropriate length hose and an accessible shower seat is provided rendering the shower usable for persons who use wheelchairs. (return)

16. To meet this requirement, it is Millikin’s intent to add a coat check table to the ground level or provide an alternative means for checking coats and provide notice of the availability of this service. (return)

March 14, 2002