SETTLEMENT AGREEMENT

BETWEEN

THE UNITED STATES OF AMERICA

AND

MILLS COLLEGE

UNDER TITLE III OF THE AMERICANS WITH DISABILITIES ACT, DJ# 202-11-192

A. BACKGROUND

  1. This Agreement (the “Agreement”) is made and entered into by the United States of America (the “United States”) and Mills College (the “College”), an independent undergraduate liberal arts college for women with graduate and professional programs for women and men, and a corporation formed under the laws of the State of California.
  2. This Agreement resolves an investigation and compliance review of physical accessibility for individuals with disabilities at the College under title III of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12181 - 12189 (the “ADA”), and the Department of Justice’s implementing regulation, 28 C.F.R. Part 36, including the ADA 1991 Standards for Accessible Design, 28 C.F.R. Part 36 (2011) at Appendix D (the “1991 Standards”), and the ADA 2010 Standards for Accessible Design, 28 CFR § 36.104 (defining the “2010 Standards” as the requirements set forth in appendices B and D to 36 CFR part 1191 and the requirements contained in subpart D of 28 CFR part 36).
  3. Title III of the ADA requires, among other things, that the College remove barriers to access in existing facilities where it is readily achievable to do so, i.e. “easily accomplishable and able to be carried out without much difficulty or expense” (42 U.S.C. § 12182(b)(2)(A)(iv), 28 C.F.R. § 36.304), and that it construct or alter any buildings or facilities in such a manner that those buildings or facilities meet the requirements of title III of the ADA, including the Standards. 42 U.S.C. § 12183, 28 C.F.R. § 36.401-402. In addition, title III of the ADA requires that the College continues to ensure that no individual with a disability is discriminated against on the basis of a disability in the full and equal enjoyment of the College’s services and facilities. 42 U.S.C. §§ 12182, 28 C.F.R. 36.201.
  4. The United States’ compliance review identified various aspects of the College’s campus that it alleges were not in compliance with the ADA, the regulations promulgated thereunder, and the Standards, including the provisions referenced in paragraphs 2 and 3 above.
  5. The College expressly denies that it has violated the ADA. This Agreement is not an admission of a violation of the ADA, or the regulations promulgated thereunder, or any other law or regulation by the College and shall not be interpreted as such an admission.
  6. The parties to this Settlement Agreement are the United States and Mills College. In order to avoid the burden and expense of further investigation and possible litigation, the parties hereby agree to the terms of this Agreement.

B. JURISDICTION

  1. The College, located in Oakland, California, is a place of education operated by a private entity, and its operations affect commerce. Accordingly, it is a place of public accommodation covered by title III of the ADA. 42 U.S.C. § 12181(7)(J).
  2. This matter was commenced when the Department of Justice (the “Department”) received a complaint filed by a person with a disability alleging a violation of title III of the ADA. The Department investigated the complaint and initiated a compliance review pursuant to the Attorney General’s authority under 42 U.S.C. § 12188(b)(1)(A)(i). The Department reviewed architectural plans and other information provided by the College and conducted multiple site visits of the campus.
  3. The Department of Justice is also authorized to commence a civil action in a United States district court if it 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(b). In consideration of the terms of this Agreement and the College’s promises contained in Section C of this Agreement, the Department of Justice agrees to refrain from undertaking further investigation into, or from filing a civil suit in this matter at this time, except as provided in Section D below.

C. REMEDIAL ACTION

  1. The College agrees to:
    1. Modify policies, practices, and procedures when necessary to afford access to services and facilities to individuals with disabilities, 42 U.S.C. §12182(b)(2)(A)(ii), 28 C.F.R. §36.302;
    2. Remove architectural barriers in existing facilities where such removal is readily achievable, 42 U.S.C. § 12182(b)(2)(A)(iv), 28 C.F.R. §36.304;
    3. As of the effective date of this Agreement, undertake alterations in such a manner that they are readily accessible to and usable by persons with disabilities to the maximum extent feasible, in compliance with the ADA, including the 2010 Standards. 42 U.S.C. § 12183(a), 28 C.F.R. §36.402;
    4. As of the effective date of this Agreement, ensure that it shall design and construct all new facilities so that they are readily accessible to and usable by individuals with disabilities, in compliance with the ADA, including the 2010 Standards. 42 U.S.C. § 12183(a), 28 C.F.R. §36.401; and
    5. Ensure that no individual with a disability is discriminated against on the basis of disability in the full and equal enjoyment of the College’s services and facilities. 42 U.S.C. §§ 12182; 28 C.F.R. §36.201.
  2. On or before December 31, 2014, the College shall: (i) remedy each allegedly non-compliant item as described in Attachment A to this Agreement to meet the requirements of title III of the ADA, including the 2010 Standards.
    1. In Mills Hall, where the non-compliant door width of the office and meeting rooms cannot be architecturally remedied because of historic preservation concerns, the College shall provide an alternative to barrier removal by relocating classes or meetings to accessible rooms if required.
  3. On or before December 31, 2017, the College shall: (i) remedy each allegedly non-compliant item as described in Attachment B to this Agreement to meet the requirements of title III of the ADA, including the 2010 Standards.
  4. On or before December 31, 2023, the College shall: (i) remedy each allegedly non-compliant item as described in Attachment C to this Agreement to meet the requirements of title III of the ADA, including the 2010 Standards.
  5. Compliance Reports. Annually, beginning on December 31, 2014, and continuing through December 31, 2023, the College shall submit to the Department a compliance report that identifies what items have been remedied and the dates they were completed, and provides evidence (i.e. photos and/or plans) that the item has been remedied in compliance with title III of the ADA, including the 2010 Standards.

D. IMPLEMENTATION AND ENFORCEMENT

  1. The Department shall have the right, during the effective period of this Agreement and with reasonable prior notice to the College, to conduct inspections of the College facilities and to request documents and photographs in order to evaluate compliance with this Agreement.
  2. If, based on the reports provided by the College pursuant to this Agreement, or other information, the United States finds that the College has failed to comply with the Agreement, the United States agrees to notify the College in writing of the alleged noncompliance and attempt to seek a resolution of the matter with the College. If the parties are unable to reach a resolution within 30 days of the date of the United States’ written notification, the United States may seek enforcement of the terms of this Agreement, and/or to enforce compliance with the ADA and its implementing regulation, in the United States District Court for the Northern District of California.
  3. The Department’s failure to enforce this entire Agreement or any provision hereof, with regard to any deadline or any other provision contained herein, shall not be construed as a waiver by the Department of any right to do so.
  4. If any term of this Settlement 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 Department and the College 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.
  5. This Agreement shall be binding on the College, its agents, and any successors or assigns. In the event that the College seeks to transfer or assign any facility owned by it as of the date of this Agreement, and the successor or assign intends to continue the same or similar use of the facility, as a condition of sale, the College shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.
  6. All notices, demands, or other communications to be provided pursuant to this Agreement shall be in writing and delivered by fax or overnight delivery to the following persons and addresses (or such other persons and addresses as any party may designate in writing from time to time):

a. For the College:

Renee Jadushlever
Chief of Staff
Vice President for Operations
Mills College
5000 MacArthur Boulevard
Oakland, CA 94613-1301
(510) 430-2033
Fax: (510) 430-2256
reneejad@mills.edu

M.D. Moye, Esq.
Hanson Bridgett, LLP
425 Market Street, 26th Floor
San Francisco, CA 94105
(415) 777-3200
Fax: (415) 541-9366

b. For the Department:

    Steven J. Saltiel
    Assistant United States Attorney
    Northern District of California
    450 Golden Gate Avenue, 9th Floor
    San Francisco, CA 94102
    (415) 436-6996
    Fax: (415) 436-6748

  1. The effective date of this Agreement is the date of the last signature below. The Agreement will remain in effect until December 31, 2024.
  2. The undersigned counsel represent and warrant that they are fully authorized to execute this Agreement on behalf of the persons and entities indicated below.
  3. All parties consent to the United States’ disclosure of this Agreement, and information about this Agreement, to the public.
  4. This Agreement and the attachments hereto constitute 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, shall be enforceable. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or any other federal law.

For Mills College:

/s/ Renee Jadushlever 12/19/12
Renee Jadushlever
Chief of Staff
Vice President for Operations

/s/ M.D. Moye
M. D. Moye, Esq.
Hanson Bridgett, LLP

For the United States:

/s/ Steven Saltiel 1/15/13
Steven J. Saltiel
Assistant United States Attorney

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January 30, 2013