SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
AND NEW LONDON COUNTY 4-H FOUNDATION
DJ # 202-14-260

1. BACKGROUND AND PARTIES
1. The parties to this Settlement Agreement (“Agreement”) are the United States of America and New London County 4-H Foundation Inc., located in New London, Connecticut.
2. New London County 4-H Camp is a camp operated by New London County 4-H Foundation Inc. (hereinafter referred to collectively as “New London”), in New London, Connecticut.
3. This matter is based upon a complaint filed with the United States Attorney’s Office for the District of Connecticut (the “United States”) against New London (D.J. No. 202-14-260), alleging violations of Title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-12189, and its implementing regulation, 28 C.F.R. Part 36.
4. The complaint alleges that New London refused to provide a reasonable accommodation to a child with diabetes by refusing to train any members of its staff on the use and application of glucagon, in case the child with diabetes needed it in an emergency.  The complaint further alleges New London refused to conduct an individualized assessment to determine if they could make reasonable modifications to their policies to accommodate the child and denied the child admission to the camp. New London contests these allegations but has agreed to enter into this Agreement to resolve this dispute.
5. Ensuring that camp programs do not discriminate against persons with diabetes 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.
6. For purposes of this Agreement, New London does not deny its summer camp is a place of public accommodation covered by Title III of the ADA, 42 U.S.C. § 12181(7)(K); 28 C.F.R. § 36.104 and is thus a place of public accommodation, because it owns, operates, leases or leases to a place of public accommodation, specifically a place of recreation, education or other social service establishment.  Id.
7. The ADA prohibits a public accommodation from denying individuals with disabilities, the opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation. 42 U.S.C. §§ 12182(b)(1)(A)(i) and 12182(b)(1)(E); 28 C.F.R. §§ 36.202(a) and 36.205.  Specifically, it is discrimination when a public accommodation fails to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford its goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, including diabetes, unless the public accommodation can demonstrate that to do so would be a fundamental alteration to the nature of the goods, services, privileges, advantages or accommodations of the place of public accommodation.  42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302.
8. The United States has determined that New London violated the ADA by: (1) failing to make reasonable modifications to its policies, practices and procedures when necessary to ensure participation in a New London summer day camp program in violation of the ADA. New London has contested that position.
9. In consideration of the terms of this Agreement, the Attorney General of the United States agrees to refrain from undertaking further action in this case, except as provided in Section III.
10. Complainant and Complainant’s child are aggrieved persons pursuant to 42 U.S.C. § 12188(b)(2)(B).
11. The parties agree to resolve this matter as set forth below.
12. The parties agree that the complaint should be resolved without litigation.  This Agreement constitutes the entire agreement between the parties regarding the matters raised herein.  No other statement, promise, or agreement, either written or oral, made by the parties or agents of the parties that is not contained in this Agreement will be enforceable under its provisions.
2. TERMS OF AGREEMENT
13. New London agrees not to discriminate against any child with diabetes.  New London agrees that no child with diabetes will be denied the full and equal opportunity to participate in New London programming as indicated in paragraph 14, and to participate in all camps, programs, goods, services, facilities, privileges, advantages, accommodations or activities provided by New London and/or provided at facilities used by New London to host summer camps.
14. New London agrees to make reasonable modifications in policies, practices, or procedures when such modifications are necessary to afford access to children with diabetes unless it can demonstrate that making the modification would fundamentally alter the nature of the program, good, service or activity.
15. New London agrees that reasonable modifications for children with diabetes will generally include, assisting with, supervising, and/or monitoring of children with diabetes while using blood glucose monitoring tests, insulin pumps, syringes, or other diabetes related medical equipment or consumption of food while participating in any program, service, or activity, whether on premises used by New London or elsewhere while attending New London camps, including but not limited to administering emergency rescue medications such as glucagon.
16. New London further agrees that where a parent and a child’s physician or other qualified health care professional deem it appropriate (based on the child’s current health status) for a child to be assisted in diabetes care by a layperson, that training camp staff members to assist with routine diabetes care tasks, including the administration of insulin by pen, syringe, or pump and administering glucagon, will be provided.
17. New London will not retaliate against, or coerce in any way, any person trying to exercise the rights of any person under this Agreement.
18. New London will designate an individual within its organization to be responsible for ensuring that New London is implementing and complying with the policies and procedures of this Agreement.
19. Policies and Procedures: Within forty-five (45) days of the effective date of this Agreement, New London shall submit to the United States, for review and approval, written policies and procedures regarding New London obligations under Title III of the ADA as it applies to diabetes, to be adopted and implemented by New London and at all New London summer camp locations.  New London shall adopt and implement the revised policies and procedures within fifteen (15) days of the United States’ approval.  New London’s policies shall, at a minimum, include the following:
1. A Diabetes Nondiscrimination Policy, attached as Appendix A to this Agreement (“the Policy”), that states: (i) New London does not discriminate in the provision of services to children with diabetes, and (ii) New London summer camp locations will make reasonable modifications for children with diabetes, upon request unless such a request amounts to a fundamental alteration of the program.
2. Information for parents of children with diabetes, explaining how to request modifications to New London’s policies, practices, and procedures with respect to summer camps.  This information shall be publicized on New London’s website and its parent and employee handbooks and disseminated with application materials provided to parents of prospective enrollees.
20. On receiving a request for a reasonable modification for a child with diabetes, New London shall conduct an individualized assessment of the child’s needs resulting from his/her diabetes.  This assessment shall include, where appropriate, initiating a discussion with the parent(s) to explore what modification(s) may be available.  Following the discussion, New London may:
1. Grant the request;

2. Make a narrowly tailored request in writing for more information relating to the child’s necessary modification(s); or

3. Deny the request, in whole or in part, where, consistent with this Agreement and the ADA, New London can demonstrate that making the requested modification will result in a fundamental alteration.

New London shall respond in writing to any individual making a request for reasonable modification within ten (10) days from the date the request is received.  If a request for reasonable modification is denied per paragraph 20(c), New London shall notify the child’s parent(s) in writing, of the specific reason(s) for the denial and advise the individual making the request that, if circumstances change, they may make a new request.  Copies of such denials, and related documents, must be maintained by New London and provided to the United States in New London’s annual report required by Paragraph 24 of this Agreement.

21. Within fourteen (14) days from the date upon which New London implements the policies and procedures at Paragraphs 19 through 20, and on an annual basis thereafter, shall provide appropriate training to all individuals with responsibility for granting or denying enrollment and/or considering requests for reasonable modifications for children with diabetes.  All new employees, and volunteers hired during each summer camp season, with comparable responsibilities, shall be provided comparable training at the time they are hired.
22. New London shall notify the United States of the name(s), address(es), and telephone number(s) of the trainers, the credentials of the training officer(s), and provide a copy of the training curriculum as well as the time and location of each such training program, at least forty-five (45) days prior to the date of the first such program.  The curriculum shall discuss compliance with Title III of the ADA, and topics related to accommodating children with diabetes, including but not limited to assisting with, supervising, and/or monitoring of children with diabetes while using blood glucose monitoring tests, insulin pumps, syringes, or other diabetes related medicine or medical equipment.
23. New London shall, within fourteen (14) days of implementing the Policy, post notices in a prominent location on its website informing the public that it welcomes individuals with diabetes and does not discriminate against them on the basis of diabetes.
24. Each year, by April 15th, for three (3) years from the date of full execution of the Agreement, New London shall provide the United States with a report of (a) any denial of admission of a child with a diabetes into a summer camp session in the immediately preceding summer; and (b) the identity of the individual(s) at New London involved in any denial of admission, request for modification, response to a request for modification, or the provision of a modification.  Upon request by the United States, New London shall provide all documentation relating to any denial of admission of a child with diabetes, request for modification and any response to a request for modification.
25. For three (3) years from the date of full execution of the Agreement, New London shall send notice to the United States, along with all supporting documentation, of any complaint it receives that an employee, officer, or agent of New London has discriminated against a member of the public because of that individual’s diabetes, whether such complaint is made orally or in writing.  New London shall provide such notice to the United States within fifteen (15) days after it receives the complaint.
26. For three (3) years from the date of full execution of the Agreement, New London shall preserve all records relating to complaints against any New London employee, officer, or agent regarding alleged violations of the agreement and New London’s response to that complaint relative to diabetes.
27. In consideration for the Agreement set forth above, the United States will close its investigation of DJ# 202-14-260.
28. If the United States believes that there is a violation of this Agreement, upon reasonable notice to New London, the United States shall be permitted to inspect and copy any of New London’s records relating to its compliance with the terms of this Agreement, provided, however, that the United States shall endeavor to minimize any inconvenience and administrative burden to New London from such inspections.
29. The United States may review New London’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 United States District Court for the District of Connecticut, to enforce this Agreement and/or Title III of the ADA.
30. Failure by the United States to enforce any provision in this Agreement is not a waiver of its right to enforce any provision of this Agreement.
31. If any term of this Agreement is determined by any court of competent jurisdiction 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 New London 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.
32. This Agreement is binding on New London, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries, and assignees.  In the event that New London seeks to sell, transfer, or assign all or part of its interest during the terms of this Agreement, as a condition of sale, transfer or assignment, New London 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.
33. The signatory for New London represents that he is authorized to bind New London to this Agreement.
34. This Agreement constitutes the entire agreement between the United States and New London 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.
35. This Agreement may not be modified, amended or changed in any way unless in writing executed by each of the parties and/or the duly authorized representatives of the parties.
36. It is contemplated that this Agreement may be executed in several counterparts, with a separate signature page for each party.  All such counterparts and signature pages, together, shall be deemed to be one document.
37. The effective date of this Agreement is the date of the last signature below.
3. COMPENSATION
38. No later than thirty (30) days from the date of full execution of this Agreement, New London shall pay to the complainant, on behalf of complainant’s child, the total sum of two thousand ($2,000.00).  New London shall send to the Complainants a check, c/o Ms. Bonnie Roswig, Esq., Medical/Legal Partnership Project, Center for Children’s Advocacy, 2074 Park Street, Hartford, CT 06106, for the full amount within thirty (30) days of receiving the signed release and waiver agreement.  In consideration thereof, the complainants will provide an executed General Release, the form of which is annexed hereto as Appendix B.
39. New London will notify counsel for the United States in writing on the day when any payment of monetary relief to the Complainants required by the Agreement has been made.
4. ADMINISTRATION OF SETTLEMENT AGREEMENT
40. The terms of this Agreement shall be in full force and effect for three (3) years from the date that it is fully executed by the parties.  Jurisdiction shall be in the United States District Court for the District of Connecticut.  All notifications under this Agreement shall be sent by registered U.S. Mail, return receipt requested, to the United States Attorney’s Office, 157 Church Street, New Haven, CT 06510, Attention: Civil Rights Coordinator, Ndidi Moses.