SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
TIME TO RISE, INC.
NASHVILLE, TENNESSEE
DJ # 202-71-97

I. BACKGROUND AND PARTIES

1. The parties to this Settlement Agreement (“Agreement”) are the United States of America and Time to Rise, Inc. (“Time to Rise”), located in Nashville, Tennessee.
2. Time to Rise is a Tennessee non-profit corporation formed “for the purpose of operating one or more summer academic and athletic camps for underprivileged children designed to assist them in making a successful academic and personal transition from one grade level to the next.” Time to Rise’s operations offer free summer camps on the campuses of the following private high schools in Nashville: Montgomery Bell Academy, University School of Nashville, Harpeth Hall School, and The Ensworth School.  Following nomination, application, and acceptance, the child may attend the four-week program free of charge, with transportation to and from camp and daily breakfast and lunch provided by Time to Rise.
3. This matter is based upon a complaint filed with the United States Department of Justice (the “United States”) against Time to Rise, D.J. No. 202-71-97, 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. In the complaint, Bryan and Jalani Breawn Lillard (“Complainants”), parents of JD and TD (ages 10 and 8, respectively, at the time of the incident giving rise to this complaint) with Type I juvenile diabetes, alleged that Time to Rise refused in 2015 to allow their children to attend camp because of their disability.  The Lillards finalized the application process for Time to Rise enrollment for their two daughters in early April 2015.  As part of the application process, the Lillards completed the health information portion of the registration form, where they indicated that both of their daughters had Type 1 diabetes.  On May 22, 2015, the Lillards received notification of the girls’ acceptance to the Time to Rise summer camp.  On the morning of June 4, 2015, the first scheduled day of camp, the Lillards received a call from Maurice Hopkins, Senior Staff and Program Director for Time to Rise.  Hopkins told the Lillards to pack lunches for their girls because of their diabetes, but did not otherwise indicate or suggest in any way that the girls would be turned away and not permitted to attend camp  Once they arrived, the Lillards were informed that they needed to talk with Executive Director David Whitfield by phone.  Mr. Whitfield told Mr. Lillard that he and his wife must retrieve their girls from camp because Time to Rise was not equipped to handle children with diabetes.   The Lillards attempted to devise an action plan to minimize the risk of low blood sugar levels occurring while the girls attended camp.  In a letter dated June 4, 2015, Mr. Lillard provided a detailed summary of the action plan to Mr. Whitfield via email.  After several email exchanges with Mr. Whitfield, Time to Rise refused to allow the children to attend summer camp based on Mr. Whitfield’s representations that Time to Rise was not prepared to accept children with diabetes on the basis of initial safety concerns.
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, Time to Rise 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 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, on the basis of those 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, 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, having considered all information gathered in the course of its investigation, has determined that Time to Rise violated the ADA by: (1) failing to make reasonable modifications to its policies, practices and procedures when necessary to ensure participation in a Time to Rise summer day camp program; (2) denying Complainants’ children the opportunity to participate in the Time to Rise summer day camp program; (3) denying Complainants the opportunity to enroll their children in and utilize the summer day camp program; and (4) imposing or applying eligibility criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, in violation of 42 U.S.C. § 12182; 28 C.F.R. §§ 36.202(a), 36.205, 36.301(a) and 36.302.
9. In consideration of the terms of this Agreement, and in particular the provisions in Sections II-III, the Attorney General of the United States agrees to refrain from undertaking further action in this case, including seeking the full statutory penalty of $75,000 per violation, except as provided in Section III.
10. Complainants and Complainants’ children 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 Lillard’s 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.

II. TERMS OF AGREEMENT

13. Time to Rise agrees not to discriminate against any individual on the basis of disability, including children with diabetes. Time to Rise agrees that no individual with a disability, including children with diabetes, will be denied the full and equal opportunity to participate in Time to Rise programming, and to participate in all camps, programs, services, or activities provided by Time to Rise and/or provided at locations donated to Time to Rise to host summer camps.
14. Time to Rise also agrees not to apply unnecessary application or eligibility criteria that screen out or tend to screen out individuals with disabilities. Time to Rise agrees to make reasonable modifications in policies, practices, or procedures when such modifications are necessary to afford access to individuals with disabilities.
15. Time to Rise 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 any program, service, or activity, whether on premises used by Time to Rise or elsewhere while attending Time to Rise camps.
16. Time to Rise 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, is generally a reasonable modification under the ADA unless Time to Rise can demonstrate that the individual circumstances cause a fundamental alteration to its goods, services, facilities, privileges, advantages, or accommodations.  See 42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302.
17. Time to Rise will not retaliate against, or coerce in any way, any person trying to exercise the rights of any person under this Agreement.
18. Time to Rise will designate an individual with Time to Rise to be responsible for ensuring that Time to Rise is implementing and complying with the policies and procedures set forth in Paragraphs 19 through 20 below.
19. Policies and Procedures: Within forty-five (45) days of the effective date of this Agreement, Time to Rise shall submit to the United States, for review and approval, written policies and procedures regarding Time to Rise’s obligations under title III of the ADA, to be adopted and implemented by Time to Rise and at all Time to Rise summer camp locations. Time to Rise shall adopt and implement the revised policies and procedures within fifteen (15) days of the United States’ approval. Time to Rise’s policies shall, at a minimum, include the following:
1. A Disability Nondiscrimination Policy, attached as Appendix A to this Agreement (“the Policy”), that states: (i) Time to Rise does not discriminate in the provision of services to children with disabilities, including children with diabetes, and (ii) Time to Rise summer camp locations will make reasonable modifications for children with disabilities, including, but not limited to children with Type 1 diabetes, upon request from the child’s parent, unless such a request amounts to a fundamental alteration of the program.
2. Information for parents of children with disabilities, explaining how to request modifications to Time to Rise’s policies, practices, and procedures with respect to summer camps. This information shall be publicized on Time to Rise’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 a disability, Time to Rise shall conduct an individualized assessment of the child’s needs resulting from his/her disability. This assessment shall include, where appropriate, initiating a discussion with the parent(s) to explore what modification(s) may be available. Following the discussion, Time to Rise may:
1. Grant the request;
2. Make a narrowly tailored request in writing for more information relating to the child’s necessary modifications(s); or
3. Deny the request, in whole or in part, where, consistent with this Agreement and the ADA, Time to Rise can demonstrate that making the requested modification will result in a fundamental alteration.

Time to Rise 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), Time to Rise 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 Time to Rise and provided to the United States in Time to Rise’s annual report required by Paragraph 24 of this Agreement.

21. Within fourteen (14) days from the date upon which Time to Rise 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 disabilities.  All new employees hired during each summer camp season, with comparable responsibilities, shall be provided comparable training at the time they are hired. 
22. Time to Rise shall notify the United States of the name(s), address(es), and telephone numbers(s) 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.
23. Time to Rise 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 disabilities and does not discriminate against them on the basis of disability. 
24. Each year, by April 15th, for three (3) years from the date of full execution of the Agreement, Time to Rise shall provide the United States with a report of: (a) any denial of admission of a child with a disability into a summer camp session in the immediately preceding summer; and (b) the identity of the individual(s) at Time to Rise involved in any denial of admission, request for modification, response to a request for modification, or the provision of an modification.  Upon request by the United States, Time to Rise shall provide all documentation relating to any denial of admission of a child with a disability, 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, Time to Rise shall send notice to the United States, along all supporting documentation, of any complaint it receives that an employee, officer, or agent of Time to Rise has discriminated against a member of the public because of that individual’s disability, whether such complaint is made orally or in writing.  Time to Rise 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, Time to Rise shall preserve all records relating to complaints against any Time to Rise employee, officer, or agent regarding alleged violations of the ADA and Time to Rise’s response to that complaint.
27. In consideration for the Agreement set forth above, the United States will close its investigation of DJ# 202-71-97.
28. If the United States believes that there is a violation of this Agreement, upon reasonable notice to Time to Rise, the United States shall be permitted to inspect and copy any of Time to Rise’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 Time to Rise from such inspections.
29. The United States may review Time to Rise’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 Middle District of Tennessee, Nashville Division, 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 Time to Rise 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 Time to Rise, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries, and assignees.  In the event that Time to Rise seeks to sell, transfer, or assign all or part of its interest during the term of this Agreement, as a condition of sale, transfer or assignment, Time to Rise 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 Time to Rise represents that he is authorized to bind Time to Rise to this Agreement.
34. This Agreement constitutes the entire agreement between the United States and Time to Rise 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.

III. COMPENSATION

38. No later than thirty (30) days from the date of full execution of this Agreement, Time to Rise shall pay to Bryan and Jalani Breawn Lillard, on behalf of JD and TD, minors, the total sum of five thousand five hundred dollars ($5,500.00).  Time to Rise shall send to the Complainants a check payable to Jalani Breawn Lillard, as parent and guardian of the children, for the full amount within thirty (30) days of receiving the signed release and waiver agreement. In consideration thereof, the Lillards will provide an executed General Release, the form of which is annexed hereto as Appendix B.
39. Time to Rise 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.

IV. 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 Middle District of Tennessee, Nashville Division.
41. All notifications under this Agreement shall be sent by registered U.S. Mail, return receipt requested, to the United States Attorney’s Office, Middle District of Tennessee, 110 9th Avenue South, Suite A-961, Nashville, Tennessee 37203, Attn: AUSA Sarah K. Bogni.

THE UNITED STATES OF AMERICA

APPENDIX A

NONDISCRIMINATION POLICY UNDER THE
AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of Title III of the Americans with Disabilities Act of 1990, as amended, Time to Rise will not discriminate against any individual on the basis of disability, including but not limited to in its application process and admissions decisions. Time to Rise will not impose or apply eligibility criteria that screen out or tend to screen out individuals with disabilities from fully and equally enjoying any of its goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered. Time to Rise will make reasonable modifications to its 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 modifications would constitute a fundamental alteration.