SETTLEMENT AGREEMENT
UNDERTHE AMERICANS WITH DISABILITIES ACT
BETWEEN
THE UNITED STATES OF AMERICA
AND
SAVE THE BAY
USAO # 2019V00151
DJ # 202-66-51

BACKGROUND

1. The parties to this Settlement Agreement (Agreement) are the United States of America (“United States”) and Save The Bay, located in Rhode Island.
2. This matter is based upon a complaint filed with the United States Attorney for the District of Rhode Island, alleging that Save The Bay discriminated against an individual with a disability in violation of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189. The Complainant alleged that Save The Bay denied her child the opportunity to participate in a summer camp program on the basis of his Type 1 Diabetes. 28 C.F.R. §§ 36.202, 36.302. It was also alleged that Save The Bay 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 programs that were offered to parents of children without disabilities.  28 C.F.R. § 36.205.
3. The United States is authorized to investigate alleged violations of Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181 et seq., 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); 28 C.F.R. §§ 36.502, 503, 506.
4. Save The Bay is a public accommodation because its summer camp is a place of public accommodation and it owns, operates, leases or leases to the summer camp facilities, specifically a place of recreation, education or other social service establishment. 42 U.S.C. §12181(7)(K); 28 C.F.R. § 36.104.
5. Title III of the ADA prohibits a public accommodation from discriminating against any individual with a disability, on the basis of disability, by denying such individual 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; 28 C.F.R. §§ 36.202(a), 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, 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. A public accommodation also may not exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association. 42 U.S.C. § 12182(b)(2)(E); 28 C.F.R. § 36.205.

6. As a result of its investigation, the United States has determined that:
   1. Save the Bay is a non-profit organization that, among other things, operates summer camps at multiple public locations throughout Rhode Island. The camps focus on exploring the environment outside, and the majority of the camps include a component where the camper will travel by boat to remote locations around Narragansett Bay. The camps are not operated out of a central location, and there is no nurse or other trained medical personnel on site.
   2. In January 2018, the Complainant enrolled her then eight-year old son in a weeklong summer day camp program, administered by Save The Bay located at Wilson Park, Wickford, Rhode Island.
   3. In March 2018, the Complainant notified the camp administrator that her son was recently diagnosed with Type 1 Diabetes and attempted to confirm that he would still be able to participate.
   4. The Complainant informed the camp that her son administers his own insulin via a pump, wears a continuous glucose monitor, and asked whether Save The Bay had staff available to help her son administer his insulin injections.
   5. Save The Bay told the Complainant that in order for her son to attend the camp, their insurance required her to provide a doctor’s note, stating that the Complainant’s son could administer his own medication. The Complainant stated that his doctor was not comfortable providing a note.
   6. Without the doctor’s note, the Complainant’s son was not permitted to attend the camp, and thus Complainant requested a refund of the camp fee.
7. The United States has determined that Save The Bay discriminated against the Complainant’s son by denying him, on the basis of disability, the opportunity to participate in or benefit from its goods, services, facilities, privileges, advantages, or accommodations, in violation of 42 U.S.C. § 12182 and 28 C.F.R. § 36.201, and, by association, discriminated against Complainant by denying her equal access to Save The Bay’s summer camp programming that was offered to parents of children without disabilities. 28  C.F.R. § 36.205. Specifically, Save The Bay discriminated against the Complainant and the Complainant’s son by failing to make reasonable modifications in its policies, practices, or procedures for the administration of medications when necessary to afford them an equal opportunity to participate in and benefit from its services, programs and activities. See 42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302.
8. Save The Bay disputes the United States’ determinations and maintains that it did not discriminate against the Complainant or the Complainant’s son on the basis of disability. Nevertheless, to avoid the cost and uncertainty of further proceedings and to ensure full compliance with the ADA, Save The Bay agrees to establish and implement policies and procedures, set forth herein, that are designed to afford individuals with disabilities, including Type 1 Diabetes, an equal opportunity to participate in and benefit from its services.
9. 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 SAVE THE BAY

10. Pursuant to title III of the ADA and its implementing regulation, Save The Bay shall not discriminate against any individual on the basis of disability, including Type 1 Diabetes, in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations offered at any of its current or future summer camp programs. Save The Bay also agrees to make reasonable modifications in policies, practices, or procedures when such modifications are necessary to afford access to its programs by individuals with disabilities.
11. Save The Bay hereby agrees that it will evaluate, on a case-by-case basis, and make reasonable modifications for children with disabilities, including children with diabetes, who apply to be campers at Save The Bay, and will not deny the admission of a child with a disability into its program on the basis of the disability without first making such an evaluation.
12. Save The Bay agrees that where a parent or guardian and a child’s physician or other qualified health professional deem it appropriate (based on the child’s current health status) for a child to be supervised in diabetes management by a layperson, that working with the parent to educate the child care staff members who are assigned to work with that child to supervise the child while he/she performs their diabetes management tasks that may be performed by a layperson, is generally a reasonable modification under the ADA unless the individual circumstances cause a fundamental alteration to the nature of the program’s services.  See 42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302.
13. When notified by a parent or guardian that a child with a disability registers for camp, Save The Bay will provide the parent with its ADA Policy set forth in Exhibit 1, and/or direct the parent to Save The Bay’s website where the policy is posted. Save The Bay will request a copy of the child’s Health Care Management Plan, or similar document, as set forth in Exhibit 1. Upon receiving the completed Health Care Management Plan, or similar document, signed by the child’s medical professional, Save The Bay will conduct an individualized assessment of the child’s needs as set forth in the ADA Policy in Exhibit 1. 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, Save The Bay may:
1. Grant the requested accommodation(s);
2. Make a narrowly tailored request in writing for more information relating to the child’s necessary modification(s); or
3. Deny the requested accommodations, in whole or in part, where, consistent with this Agreement and the ADA, Save The Bay determines that making the requested modification will result in a fundamental alteration.
2. Save The Bay will respond in writing to any individual making a request for a reasonable modification within ten (10) business days from the date the Health Care Management Plan is received.
3. If a request for a reasonable modification is denied per Paragraph 12(a)(iii), Save The Bay 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 Save The Bay and provided to the United States in Save The Bay’s report required by Paragraph 17 of this Agreement.
14. Save The Bay will adopt, maintain, and enforce the attached non-discrimination ADA policy. (Exhibit A.) Within thirty (30) days of the effective date of this Agreement, Save The Bay will (a) post copies of the policy, printed in at least size 18 font, in a conspicuous area at its Headquarters in Providence and at the Exploration Center in Newport where its employees and members of the public can readily read the policy, (b) include on its website a statement of this policy, and (c) make it available with application materials provided to parents of prospective enrollees.
15. On or before the start of any summer camp program, Save The Bay shall provide all its Full Time Education Staff, including Lead Educators, with a mandatory training program regarding  the  disability  discrimination  provisions  of  the  ADA.  The  training  shall be conducted by a qualified third party, approved in advance by the United States, who has no association with Save The Bay or its owners, board of trustees, employees, agents or counsel. Seasonal Summer Staff will be educated on the disability discrimination provision of the ADA as part of the orientation process.

16. In addition to the training required by Paragraph 15 of this Agreement, Save The Bay will provide full time education staff with the training set forth in Exhibits 1 and 2. Save The Bay will ensure that, as necessary to individual circumstances, each of its summer camp programs, works with the parent(s) or guardians, to understand the specific needs of the child where necessary to afford a child with a disability the full and equal enjoyment of the program. At all camps in which children with insulin-dependent diabetes are enrolled or about to be enrolled, Save The Bay will collaborate with the child’s parent(s) to provide education, assistance and/or guidance to those staff members who will be working with the child about the child’s Health Care Management Plan care plan. Save The Bay shall create and maintain an attendance log that documents the name of each individual who attends the trainings, his or her title, and the date he or she attended the training. Copies of such attendance sheets shall be provided to the United States within ten (10) days of any request for them.
17. Within ninety (90) days of the effective date of this Agreement, Save The Bay shall provide a report to the United States documenting its compliance with the agreement.
18. No later than thirty (30) days from the date of full execution of this Agreement, Save The Bay shall pay to Complainant the sum of $2,500. In consideration thereof, Complainant will provide an executed General Release, attached as Exhibit B.
19. Save The Bay 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, provided he follows the normal and ordinary course of registration and follows the policies and procedures set forth herein and in Exhibit 1.

IMPLEMENTATION AND ENFORCEMENT

20. 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 #202-66-51 except as provided in Paragraph 21 below.
21. The United States shall have the right to verify 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 Save The Bay 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 Save The Bay, the United States may institute a civil action in the United States District Court to enforce this Agreement or title III of the ADA against Save The Bay.

22. 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.
23. This Agreement memorializes the commitments made by Save The Bay to increase accessibility of its summer camp programming and the terms under which the United States has agreed to conclude this particular investigation of Save The Bay 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 Save The Bay’s obligation to otherwise comply with the requirements of the ADA.
24. 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 Save The Bay to comply with all aspects of the ADA.
25. 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 Save The Bay 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.
26. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person.
27. The effective date of this Agreement is the date of the last signature below.
28. The term of this Agreement will be two years from the effective date.
29. 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.