SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND THE UNIVERSITY OF RHODE ISLAND
USAO # 2019V00146
DJ # 204-66-68

1. The parties to this Settlement Agreement (Agreement) are the United States of America (United States) and the University of Rhode Island (URI), on behalf of its Alton Jones Summer Camp.
2. The United States is authorized under 28 C.F.R. Part 35, subpart F, to determine URI's compliance with title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131 et seq. and the Department of Justice's title II implementing regulation. The U.S. Attorney's Office has the authority to, where appropriate, attempt informal resolution of any matter, such as through this settlement agreement. See 28 C.F.R. § 35.172(c). If resolution is not achieved, the U.S. Attorney's Office is authorized to take additional steps, including issuing a Letter of Findings, to initiate negotiations to secure voluntary compliance, and to bring a civil action to enforce title II of the ADA. 28 C.F.R. § 35.173.
3. URI is a public entity covered by title II of the ADA. 42 U.S.C. §§ 12131-12132; 28 C.F.R. §§ 35.104, 35.130.
4. This matter is based upon a complaint filed with the United States Department of Justice against URI, alleging that URI discriminated against a qualified individual with a disability in violation of title II of the ADA. The Complainant alleged that URI denied her child the equal opportunity to participate in a summer camp program on the basis of his Type 1 Diabetes. 28 C.F.R. § 35.130(b)(7). It was also alleged that URI subjected the Complainant, who is known to have a relationship or association with a person with a disability, to discrimination by denying Complainant equal access to summer camp programs that were offered to parents of children without disabilities. 28 C.F.R. § 35.130(g).
5. Title II of the ADA prohibits public entities from discriminating against any qualified individual with a disability, on the basis of disability, by excluding such individual from participation in or denying such individual the benefits of the services, programs, or activities of the public entity. 42 U.S.C. § 12132; 28 C.F.R. § 35.130(a). Specifically, Title II requires the following:
   1. Public entities shall make reasonable modifications in policies, practices, and procedures as necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. 42 U.S.C.§ 12132; 28 C.F.R. § 35.130(b)(7).
   2. Public entities may not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program or activity. 28 C.F.R. § 35.130(b)(8). Policies that unnecessarily impose requirements or burdens on individuals with disabilities that are not placed on others are also prohibited. 28 C.F.R. pt. 35, app. B at 673. Legitimate safety requirements necessary for the safe operation of an entity's programs, services, and activities must be based on actual risks, not on mere speculation, stereotypes, or generalizations about individuals with disabilities. 28 C.F.R. § 35.130(h).
   3. Public entities shall not discriminate against an individual because of the known disability of any individual with whom the individual is known to have a relationship or association. 28 C.F.R. § 35.130(g).
6. As a result of its investigation, the United States substantiated the allegations of the complaint, specifically:
   1. The Complainant's ten-year-old son has type 1 diabetes. While he can and does administer his own insulin via a pump and wears a continuous glucose monitor, he has been prescribed glucagon1 injections for use in the rare event that he has severe hypoglycemia and cannot self-administer diabetes treatment.
   2. In 2019, the Complainant enrolled her son in a weeklong Eco-Zone summer day camp program, administered by URI's Environmental Education Center located at the W. Alton Jones campus with a certified nurse on staff. On the first day of camp, URI staff refused to modify its medication administration practices, and required that Complainant's son had a family member present at all times during the summer camp days to administer glucagon in the case of an emergency.
   3. As a result, the Complainant's son could not participate in URI's Alton Jones summer camp program without being accompanied by a family member.
7. The United States has identified issues with URI's noncompliance with the ADA's non• discrimination requirements, relating to its Alton Jones Summer Camp program (the "Summer Camp"), including:
   1. 28 C.F.R. § 35.130(g): denying the Complainant's son the opportunity to independently participate in the Summer Camp, and, by association, denying the Complainant equal access to the Summer Camp that was offered to parents of children without disabilities.
   2. 28 C.F.R. § 35.130(b)(7): failing to make reasonable modifications in its policies, practices, or procedures for the administration of medications when necessary to afford the Complainant and her son an equal opportunity to participate in and benefit from its services, programs and activities.
   3. 28 C.F.R. § 35.130(b)(8): imposing or applying eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying the Summer Camp programs, and unnecessarily imposing requirements or burdens on individuals with disabilities that are not placed on others. See also, 28 C.F.R. pt. 35, app. B at 673:
8. The parties agree that it is in their best interests, and the United States believes that it is in the public interest, to resolve this dispute without engaging in litigation. The parties have therefore voluntarily entered into this Agreement.

ACTIONS TO BE TAKEN BY URI

The parties acknowledge that the URI summer camp programming, including all camps, programs, services, or activities provided by URI as part of the Summer Camp have been closed for the entire 2020 summer season and will not be opened for the foreseeable future. The parties agree that the Actions to be taken by URI set forth in this agreement will be applicable in the event that URI decides to re-open and operate its said summer camp programming including all related camps, programs, services or activities.

9. Pursuant to title II of the ADA and its implementing regulation, URI agrees that no qualified individual with a disability, including children with diabetes, will be denied the full and equal opportunity to participate in URI's summer camp programming, and to participate in all camps, programs, services, or activities provided by URI as part of the Summer Camp. URI also agrees not to apply unnecessary application or eligibility criteria that screen out or tend to screen out individuals with disabilities, unless such criteria can be shown to be necessary for the provision of the services, programs and activities being offered. URI agrees to make reasonable modifications in policies, practices, or procedures when such modifications are necessary to afford access to the Program by individuals with disabilities.
10. URI agrees that, with respect to the Summer Camp, it will evaluate, on a base-by-case basis, requests for reasonable modifications for participants with disabilities, and will not deny the admission of a child with a disability into its Summer Camp on the basis of the disability without first making such an evaluation. URI agrees that reasonable modifications for children with diabetes include, but are 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 medical equipment or consumption of food while participating in the Summer Camp.
11. Upon receiving a request for a modification with respect to the Summer Camp, as set out in Paragraph 10 above, URI will conduct an individualized assessment of the child's needs resulting from his/her disability. This assessment will include, where appropriate, initiating a discussion with the parent(s) to explore what modification(s) may be available.
    1. Following the discussion, URI may:
       1. Grant the request;
       2. Make a narrowly tailored request in writing for more information relating to the child's requested modification(s); or
       3. Deny the request, in whole or in part, where, consistent with this Agreement and the ADA, URI can demonstrate that making the requested modification will result in a fundamental alteration to the nature of the Summer Camp.
    2. URI's Summer Camp staff will respond in writing to any individual making a request for a reasonable modification on the basis of disability within seven (7) days from the date the request is received.
    3. If a request for a reasonable modification is denied per Paragraph 1l(a)(iii), URI will 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 URI and provided to the United States in URI's report required by Paragraph 15 of this Agreement.
    4. Within seven (7) business days of a decision to deny admission to a child with a disability (where URI knew the child had a disability) or deny a requested modification of policies, practices, or procedures based on a child's disability, URI will provide to the United States the documents related to the decision, as indicated in Paragraph 11(c); the identities of all individuals who participated in the decision; and all reasons underlying the decision.
12. URI will adopt, maintain, and enforce the attached non-discrimination policy (Exhibit 1). Within thi1iy (30) days of the effective date of this Agreement, URI will (a) post a copy of this policy, printed in at least size 18 font, in a conspicuous area of W. Alton Jones campus where its employees and members of the public can readily read the policy; (b) include on its website a statement of these policy, along with a link to the National Diabetes Education Program's Sample Diabetes Medical Management Plan: https://www.niddk.nih.gov/health-information/communication-programs/ndep/health- professionals/helping-student-diabetes-succeed-guide-school-personnel/tools-for-effective- diabetes-management; and (c) make it available with application materials provided to parents of prospective enrollees.
13. Within sixty (60) days of the effective date of this Agreement, and on subsequent years, prior to the start of summer camp, URI shall provide mandatory training on the ADA; its prohibition on discrimination on the basis of disability for all employees who work with or in the Summer Camp; and any additional training required by the policy attached as Exhibit 1 to this Agreement.
14. In addition to the training required by Paragraph 13 of this Agreement, URI will ensure that, as necessary to individual circumstances, each of its summer camp programs, working with the parent(s), provides Child Specific Training to appropriate employees, including the certified nurse professional, where necessa1y to afford a child with a disability the full and equal enjoyment of the program. In the context of insulin dependent diabetes, this training would typically include, among other things, training on blood sugar testing; administration of insulin through pen, syringe, or pump; administration of the emergency drug glucagon; and a refresher on practicing universal precautions.
15. Twice a year, two weeks before the open date of the Summer Camp and two weeks after the close of the Summer Camp, for the duration of this Agreement, URI shall provide a rep01i to the United States documenting its compliance with the agreement.
16. URI will allow the Complainant's son to attend Summer Camp during the session or sessions of his choosing for all future summers during which he is of eligible age and otherwise meets all generally applicable criteria for participation.

IMPLEMENTATION AND ENFORCEMENT

17. As consideration for the Agreement set forth above, the United States will not institute any civil action under the ADA based on the allegations raised in DJ # 204-66-68 except as provided in Paragraph 18 below.
18. The United States shall have the right to ve1ify 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 URI and the parties will attempt to resolve the concerns in good faith. If the parties are unable to reach a satisfactory resolution of the issue(s) raised within 30 days of the date that the United States provides notice to URI, the United States may institute a civil action in the United States District Court to enforce this Agreement or title II of the ADA against URI.
19. Failure by the United States to enforce any provision of this Agreement shall not be construed as a waiver of its right to do so with regard to any provision of this Agreement.
20. This Agreement memorializes the commitments made by URI to avoid discrimination on the basis of disability its summer camp programming and the terms under which the United States has agreed to conclude this particular investigation of URI without further review or enforcement action. 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, including any other claims for discrimination on the basis of disability. Nothing in this Agreement is intended to change URI's obligation to othe1wise comply with the requirements of the ADA.
21. 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, shall be enforceable. This Agreement is limited to the facts set forth herein and it does not purpose to remedy any other potential violations of the ADA, including violations of the alterations or new construction provisions of the ADA, or any other Federal law. This Agreement does not affect the continuing responsibility of URI to comply with all aspects of the ADA.
22. If any provision 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, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the United States and URI shall engage in good faith negotiations in order to adopt such mutually agreeable amendment to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed-upon relative rights and obligations.
23. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person.
24. The effective date of this Agreement is the date of the last signature below.
25. The te1m of this Agreement will be two years from the effective date.
26. All notifications under this Agreement shall be sent to the United States Attorney's Office, District of Rhode Island, 50 Kennedy Plaza, 8th Floor, Providence, RI 02903, Attn: AUSA Amy Romero, Amy.Romero@usdoj.gov.

AGREED AND CONSENTED TO: