SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
and
NEACA, LLC,
doing business as THE NATURAL EPICUREAN ACADEMY OF CULINARY ARTS
UNDER THE AMERICANS WITH DISABILITIES ACT
(United States Department of Justice DJ # 202-76-191)

Background

1. The parties to this Settlement Agreement are the United States of America and NEACA, LLC, doing business as the Natural Epicurean Academy of Culinary Arts (referred to in this Settlement Agreement as “the Academy”). 
2. This matter is based on a complaint received by the United States Department of Justice alleging that the Academy discriminated against complainant, a prospective student, on the basis of disability in violation of Title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181-89. The complainant, who is deaf, alleges that the Academy refused to admit her to its Professional Chef Training Program based on her disability and failed to provide her with a sign language interpreter or any other auxiliary aid or service necessary for effective communication during her visit to the Academy.
3. The United States and the Academy agree that it is in the parties’ best interests, and the United States Department of Justice finds that it is in the public interest, to resolve this complaint on mutually agreeable terms without litigation or further investigation and have therefore agreed to the terms of this Settlement Agreement.

Definitions

4. The term “auxiliary aids and services” includes qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing. 28 C.F.R. § 36.303(b)(1).
5. The term “companion” includes all persons described in 28 C.F.R. § 36.303(c)(1)(i).
6. The term “document” includes any written matter, whether or not in electronic form.
7. The term “effective date” means the date of the last signature below.
8. The term “prospective student” means any individual who applies to any educational program offered by the Academy or contacts the Academy in person, by telephone, or by electronic communication regarding an educational program offered by the Academy for the purpose of enrolling in such program.
9. The term “qualified interpreter” means an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators. 28 C.F.R. § 36.104.
10. The term “situational assessment” means any discussion or evaluation of a student or prospective student’s needs for auxiliary aids and services in the context of any educational program offered by the Academy.
11. The term “student” means any individual participating in an educational program offered by the Academy.

Investigations & Findings

12. The United States Department of Justice, of which the Civil Rights Division and the United States Attorney’s Office for the Western District of Texas are components, is responsible for enforcing Title III of the ADA, 42 U.S.C. §§ 12181-89, and its implementing regulations, 28 C.F.R. part 36.
13. The complainant is an individual with a disability within the meaning of the ADA. 42 U.S.C. § 12102; 28 C.F.R. § 36.104. In particular, the complainant is deaf.
14. The Academy operates a Professional Chef Training Program from its facility at 1700 South Lamar Boulevard, Austin, Texas. The Academy is a place of public accommodation covered by Title III of the ADA. 42 U.S.C. § 12181(7)(J). Accordingly, the Academy is obligated to comply with the requirements of Title III of the ADA.
15. Under Title III of the ADA, no person who owns or operates a place of public accommodation may discriminate against an individual on the basis of disability in the full and equal enjoyment of goods, services, privileges, advantages, or accommodations, and must provide appropriate auxiliary aids and services when necessary to ensure effective communication unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense. To the extent the provision of a particular auxiliary aid or service by a public accommodation would result in a fundamental alteration or an undue burden, the public accommodation shall provide an alternative auxiliary aid or service, if one exists, that would not result in an alteration or such burden but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the goods, services, facilities, privileges, advantages, or accommodations offered by the public accommodation. 42 U.S.C. §§ 12182(a), 12182(b)(1)(A)(ii), 12182(b)(2)(A)(iii); 28 C.F.R. §§ 36.201(a), 36.202, 36.303.
16. The Attorney General shall investigate alleged violations of Title III of the ADA and may commence a civil action if there is reasonable cause to believe that any person or group of persons has been discriminated against in violation of Title III of the ADA and such discrimination raises an issue of general public importance. 42 U.S.C. § 12188(b)(1)(B). Ensuring that vocational training programs like that operated by the Academy do not discriminate on the basis of disability is an issue of general public importance.
17. The Department of Justice has investigated the matters alleged by the complainant and determined the following:
    1. The complainant applied to the Academy’s Professional Chef Training Program. However, after the complainant informed the Academy that she is deaf and that she expected to need a sign language interpreter, the Academy denied her admission.
    2. The complainant sought reconsideration of the Academy’s denial of her application. While reconsidering complainant’s application, the Academy required the complainant to visit from out-of-state. When the complainant visited the Academy, the Academy refused to provide a qualified sign-language interpreter. As a result, the complainant had to make arrangements for an interpreter herself.
    3. The Academy did not respond adequately to offers to conduct a situational assessment and to discuss auxiliary aids that would ensure effective communication with the complainant.
    4. As a result of the Academy’s conduct, the complainant has suffered damages compensable under the ADA.
18. As a result of its investigation, the Department of Justice has determined that the Academy has discriminated against the complainant in violation of Title III of the ADA.
19. This Settlement Agreement is neither an admission of liability by the Academy nor a concession by the United States that its claims and findings are not well-founded. By entering into this Agreement, the Academy denies the allegations in paragraph 17(a)-(d), that it has violated Title III of the ADA, and that the complainant has suffered any compensable damages.

Remedial Actions

20. Policy Revision. Within fifteen days of the effective date of this Settlement Agreement, the Academy shall adopt the policy attached as Exhibit A and post this policy as well as the name, email address, and telephone number of the ADA Coordinator described in paragraph 21 below in a prominent location on the Academy’s website at http://naturalepicurean.com. In accordance with this policy and the governing law, the Academy shall abide by the following:
    1. Nondiscrimination. The Academy shall not discriminate against any individual on the basis of disability in the full and equal enjoyment of its goods, services, facilities, privileges, advantages, or accommodations or otherwise violate any provision of Title III of the ADA, 42 U.S.C. §§ 12181-89, and its implementing regulation, 28 C.F.R. part 36. The Academy shall not impose or apply eligibility criteria that screen out or tend to screen out an individual on the basis of disability from fully and equally enjoying any of its goods, services, facilities, privileges, advantages, or accommodations. 42 U.S.C. § 12182(b)(2)(A)(i); 28 C.F.R. § 36.301(a). The Academy shall furnish appropriate auxiliary aids and services, free of charge, when necessary to ensure effective communication with individuals with disabilities and shall take all reasonable steps that may be necessary to ensure that no individual with a disability is excluded, denied services, or segregated because of the absence of auxiliary aids and services unless the Academy can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations it offers or would result in an undue burden, i.e., significant difficulty or expense. To the extent the provision of a particular auxiliary aid or service by the Academy would result in a fundamental alteration or an undue burden, the Academy shall provide an alternative auxiliary aid or service, if one exists, that would not result in a fundamental alteration or undue burden but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the goods, services, facilities, privileges, advantages, or accommodations offered by the Academy. 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. §§ 36.301(c), 36.303.
    2. Nonretaliation. The Academy shall not engage in retaliation, coercion, interference, intimidation, or any other action prohibited by the ADA. 42 U.S.C. § 12203; 28 C.F.R. § 36.206.
    3. Notice to Staff. Within fifteen days of the effective date of this agreement, or within ten days of hire for any individual hired after the effective date of this agreement, the Academy shall distribute by e-mail or on paper a copy of the policy attached as Exhibit A to each individual who serves as an employee or instructor at the Academy.
21. ADA Coordinator. In conjunction with the adoption of the policy attached as Exhibit A, within ten days of the effective date of this Settlement Agreement, the Academy shall designate (and replace, as necessary to ensure the position is continually filled) an ADA Coordinator with the authority to commit the Academy to complying with the ADA, including but not limited to providing auxiliary aids and services to a student or prospective student. Within thirty days of designation as ADA Coordinator, the ADA Coordinator shall familiarize himself or herself with the requirements of Title III of the ADA and its implementing regulations by, at a minimum, reviewing Title III of the ADA, 42 U.S.C. §§ 12181-89; Title III’s implementing regulations, 28 C.F.R. part 36; and all provisions of the ADA Title III Technical Assistance Manual that address the provision of auxiliary aids and services. Within thirty days of the effective date of this agreement, and annually thereafter, the Academy shall notify all current employees of the name and email address of the ADA Coordinator. In the event a student or prospective student contacts the Academy regarding the availability of an auxiliary aid or service, an ADA Coordinator shall respond personally to that student or prospective student within seven days. The ADA Coordinator shall be available upon request from an employee or instructor at the Academy to provide guidance on communicating with a student or prospective student who requires auxiliary aids and services.
22. Annual Reporting. For the years 2016, 2017, and 2018, the Academy shall provide, no later than 15 days after the last day of that calendar year, an annual written report to the United States Attorney’s Office that documents its compliance with the requirements of this Settlement Agreement for the previous calendar year by disclosing (a) the date and nature of any request to the Academy for auxiliary aids and services by any student or prospective student; (b) for each such request, the name and any known email address or telephone number for the student or prospective student making the request; (c) for each such request, the Academy’s initial response; and (d) for each such request, the result of any negotiations between the prospective student and the Academy. The Academy shall send the report to

Zachary Richter
Assistant United States Attorney
816 Congress Avenue, Suite 1000
Austin, Texas 78701.

23. Situational Reporting. For the duration of this agreement, in the event that the Academy denies whether in whole or in part a request by any student or prospective student for auxiliary aids and services, the Academy shall report that denial in writing to the United States Attorney’s Office within fourteen days. The report shall include (a) the date and nature of any request to the Academy for auxiliary aids and services by any student or prospective student; (b) for each such request, the name and any known email address or telephone number for the student or prospective student making the request; (c) the basis for the Academy’s denial. The Academy shall send the report to

Zachary Richter
Assistant United States Attorney
816 Congress Avenue, Suite 1000
Austin, Texas 78701.

24. Supporting Documentation. Upon written request by the United States Attorney’s Office following receipt of a situational report described in paragraph 23, the Academy shall, within fourteen days, disclose for review by the United States Attorney’s Office all documents in its possession or control relevant to the denial disclosed by the Academy.
25. Compensatory Relief for Complainant. Within fifteen days after receiving a signed copy of a release agreed to by the United States, the Academy, and the complainant, as well as a completed W-9 form from the complainant, the Academy will send a check in the amount of eight thousand dollars and no cents ($8,000.00) made out to [redacted]. This check is compensation to the complainant for the effects of the alleged discrimination described in paragraphs 2 and 17(a)-(g) above.

    The check will be mailed to

Michael Stein
Stein & Vargas, LLP
1155 F St. NW
Suite 1050
Washington, DC 20004

A copy of the check will be mailed to

Zachary Richter
Assistant United States Attorney
816 Congress Avenue, Suite 1000
Austin, Texas 78701.

26. Civil Penalty. Within ten days of the effective date of this Settlement Agreement, the Academy will pay to the United States of America the sum of one thousand dollars and no cents ($1,000.00) to vindicate the public interest. The check will be mailed to

Financial Litigation Unit
attn: Martha Fowler
United States Attorney’s Office
601 N.W. Loop 410, Suite 600
San Antonio, Texas 78216.

27. In consideration of the terms of this Settlement Agreement, the United States agrees to refrain from further investigation or filing a civil suit under Title III of the ADA related to the allegations in paragraphs 2 and 17(a)-(g), except as provided in paragraphs 22, 23, 24, and 29. Nothing contained in this Settlement Agreement is intended or shall be construed as a waiver by the United States of any right to institute proceedings against the Academy or any other individual or entity for violations of any statutes, regulations, or rules administered by the United States or to prevent or limit the right of the United States to obtain relief under the ADA regarding allegations unrelated to those in contained in paragraphs 2 and 17 (a)-(g) above.

Enforcement

28. This Settlement Agreement will be in effect for three years from the effective date.
29. The United States may review compliance with this Settlement Agreement at any time. If the United States believes that this Settlement Agreement or any portion of it has been violated, it will raise its concerns with the Academy, and the parties will attempt to resolve the concerns in good faith. If the United States is unable to reach a satisfactory resolution of the issue or issues raised within thirty days of the date it provides notice to the Academy, it may institute a civil action in federal district court to enforce the terms of this Settlement Agreement or Title III of the ADA and may, in such action, seek any relief available under law.
30. Failure by the United States to seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not be construed as a waiver to such enforcement with respect to other instances or provisions.

Miscellaneous

31. This Settlement Agreement and its two attachments constitute the entire agreement between the parties on the matters raised in this Settlement Agreement. No other statement, promise, or agreement, written or oral, made by either party or agents of either party, that is not contained in this written agreement, shall be enforceable.
32. This Settlement Agreement is limited to the resolution of the complaint described in paragraph 2 and does not purport to remedy any other complaint or actual or potential violations of the ADA or any other federal law. This Agreement does not affect the continuing responsibility of the Academy to comply with all aspects of the ADA.
33. This Settlement Agreement is final and binding on the parties, including all principals, agents, executors, administrators, representatives, successors in interest, beneficiaries, assigns, heirs and legal representatives thereof. The Academy has a duty to so inform any such successor in interest of this Settlement Agreement.
34. This Settlement Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same Agreement. Electronically transmitted signatures shall constitute acceptable, binding signatures for purposes of this Agreement.
35. The signatory to this Settlement Agreement on behalf of the Academy represents that he or she is authorized to bind the Academy to this Settlement Agreement.