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Father Lucey

04012068.RES

11/16/01

Gary S. Walker

Reverend Gregory Lucey, S.F.

President

Spring Hill College

4000 Dauphin Street

Mobile, Alabama 36608

Dear Father Lucey:

Re: Complaint #04-01-2068

This letter is to notify you of the determination of the U.S. Department of Education (Department), Office for Civil Rights (OCR), regarding the resolution of the above-referenced complaint filed against Spring Hill College (College), a private institution. The complainant alleged that the programs and services at the College are not accessible to and usable by students with physical disabilities.

OCR is responsible for enforcing Section 504 of the Rehabilitation Act of 1973 (Section 504), as amended, 29 U.S.C. Section 794, and its implementing regulation, 34 C.F.R. Part 104, which prohibit discrimination on the basis of disability in any program or activity receiving Federal financial assistance. The College receives Federal financial assistance and is, therefore subject to the provisions of Section 504.

In reaching a determination on this complaint, OCR reviewed the records and documents pertinent to the allegations of this complaint. OCR also conducted an on-site inspection of the campus and the following facilities: (1) Administration Building, (2) Quinlan Hall, (3) West Wing of Quinlan (Division of Nursing), (4) Business Office Wing, (5) Campus Center, e.g., bookstore, mailroom, cafeteria, Wellness Center and Office of Student Life, (6) Deignan Hall, (7) Yancy Hall, (8) Moorer Hall, (9) Yenni Hall, (10) Thomas Byrne Library, (11) Recreation Center (12) O’Leary Hall, and (13) Fairway Apartments. These facilities contained the College’s essential programs and activities.

As a result of the investigation, OCR determined that with the exception of the Business Office Wing, the above-referenced facilities were either inaccessible to mobility-impaired persons or contained interior features that preclude access to services.

In order to ensure that persons with disabilities are provided access to the College’s programs and activities, the College has entered into a voluntary resolution agreement (enclosed) with OCR. The agreement addresses the allegations raised by the Complainant over which OCR has jurisdiction. OCR will monitor the implementation of the agreement to ensure that it is fully implemented.

I want to express my appreciation for the courtesy and cooperation that you and your staff extended to the staff of OCR in the resolution of this complaint. If you have questions, please contact Ms. Rosemary Smith, Investigator, (404) 562-6399 or Ms. Arinita Ballard, Team Leader, at (404) 562-6377.

Sincerely,

Gary S. Walker, Director

Atlanta Office, Southern Division

Office for Civil Rights

Enclosure

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Father Lucey

04012068.LLA

11/16/01

Gary S. Walker

RESOLUTION AGREEMENT

SPRING HILL COLLEGE

COMPLAINT #04-01-2068

The Office for Civil Rights (OCR), U.S. Department of Education, conducted an on-site inspection of 13 facilities at Spring Hill College (College) that contain the College’s essential programs and activities. The 13 facilities were inspected pursuant to Section 504 of the Rehabilitation Act of 1973 (Section 504), as amended, 29 U.S.C. Section 794, and its implementing regulation, 34 C.F.R. Part 104. The College has voluntarily agreed to implement the accessibility measures set forth below to ensure accessibility to the programs and activities in all “existing facilities” inspected, and at Fairway Apartments (1996) and the Recreation Center (1997), which are considered “new construction.” Buildings that have undergone major renovation maybe considered “new construction” under the regulations. Implementation of the provisions, unless otherwise designated, will begin when the Agreement is signed and will be fully implemented by the end of 2003. OCR will monitor implementation of the Agreement as described herein.

A. CAMPUS WIDE

PROBLEM / CORRECTIVE ACTION / DUE DATE
PEDESTRIAN WALKWAYS: There is no signage identifying the accessible walkways to accessible buildings on campus. Many sidewalks are cracked or have inappropriate surfaces for mobility-impaired persons. Additionally, many areas of the campus lack curb cuts. / The College is in the process of implementing a campus-wide plan for pedestrian-friendly walkways that are accessible to mobility-impaired persons. The project will include repairing walkways, installing curb cuts and erecting signage identifying accessible walkways in accordance with ADAAG. / By September 30, 2004, the College will provide evidence that the actions have been completed.

B. ADMINISTRATION BUILDING (Historic)

PARKING: There is no signage identifying parking spaces. / The College will review all parking spaces designated for persons with disabilities to ensure that they are in compliance with ADAAG or other equivalent standard. At a minimum, all parking spaces will be identified by the international symbol of accessibility, state van accessible, if appropriate, and meet measurement specifications as required by ADAAG. / By September 30, 2002, the College will provide evidence that the actions have been completed.
No signage designating the accessible pathway from the parking lot to the accessible entrance, and there were obstructions (vehicles, garbage bags) on the pathway that impeded travel. / Erect a sign designating the accessible route, and ensuring that the pathway to the accessible entrance is free of obstructions in accordance with ADAAG standards. / By September 30, 2002, the College will provide evidence that the actions have been completed.
Elevator is designated for cargo and is in need of repairs. / The College is in the process of installing a passenger elevator in accordance with ADAAG. / By September 30, 2002, the College will provide evidence that the actions have been completed.
No signage designating the accessible routes in building to student support services, e.g., Financial Assistance, Admission, Registrar’s Office, etc. / The College will erect signage designating the accessible routes to student support services. / By September 30, 2002, the College will provide evidence that the actions have been completed.
Several offices, located on the breezeway, have an incline to the entrances of the doors that make them difficult to access when doors were closed because there was no landing. / The College will develop a procedure to ensure that mobility-impaired persons receive such services in the same manner provided to students without disabilities or re-grade the incline without obstructing the route of travel. / By September 30, 2002, the College will provide evidence that the actions have been completed.
Thresholds too high at several offices. / Thresholds shall be no greater than ¾” for exterior doors and ½” for interior doors. / By September 30, 2002, the College will provide evidence that the actions have been completed.
Men’s Bathroom (3rd floor) is inaccessible. / The College is converting a large room on the 2nd floor into an accessible bathroom for men and women in accordance with ADAAG. Additionally, the College will provide directional signage to the accessible bathroom. / By September 30, 2002, the College will provide evidence that the actions have been completed.
There is no accessible water fountain. / The College will install or modify an existing water fountain to make it accessible to persons with disabilities in accordance with ADAAG, preferably outside the accessible bathroom. / By September 30, 2002, the College will provide evidence that the actions have been completed.
Certain services are not readily accessible to mobility-impaired persons, such as the Registrar’s Office, academic advisors, because of equipment failure e.g., chair-lifts or locked doors. / The College will develop a procedure to ensure that mobility-impaired persons receive such services in the same manner provided to provided to persons without disabilities. This may require providing services at accessible locations on campus. / By September 30, 2002, the College will provide evidence that the actions have been completed.

C.  QUINLAN HALL (Historic)

No directional signage identifying the accessible route from the Administration Building to the 2nd floor of Quinlan Hall. / Install signage identifying the accessible route from the Administration Building to Quinlan. / By September 30, 2002, the College will provide evidence that the actions have been completed.
The chairlift to classrooms on the 2nd floor is not efficient. / As of January 2001, mobility-impaired students were re-assigned to Yenni Hall for classes until the chairlift is replaced. / By September 30, 2004, the College will notify OCR if or when it has installed a chairlift.
The interior door pressure is 6 lbs. / Ensure that interior door pressure is 5 lbs. / By September 30, 2002, the College will provide evidence that the actions have been completed.
Women’s Bathroom: No signage. No pipe insulation under sink, soap and paper towel dispensers are inaccessible. / Install the international symbol of accessible on bathroom door. Insulate pipes, install paper towel dispensers to a forward reach limit of no higher than 48 inches from the knob to the floor. Soap dispenser shall be in accordance with ADAAG at Section 4.2.5. / By September 30, 2002, the College will provide evidence that the actions have been completed.
No visual alarm system. / Install a visual alarm system in accordance with ADAAG at Section 4.28. / By September 30, 2002, the College will provide evidence that the actions have been completed.

D.  WEST WING OF QUINLAN HALL – DIVISION OF NURSING (1ST Floor Renovated 1992)

PARKING: There is no signage identifying parking spaces. Parking spaces are located on a slope. / At a minimum, all parking spaces will be identified by the international symbol of accessibility, state van accessible, if appropriate, and, will be located on a level surface as required by ADAAG. / By September 30, 2004, the College will provide evidence that the actions have been completed
LAB: No accessible sink, paper towel dispenser or soap dispenser. / Sinks shall meet the requirements of ADAAG at Section 4.24. Dispensers shall have a forward reach limit of no higher than 48 inches from the knob to the floor. / By September 30, 2002, the College will provide evidence that the actions have been completed.
Men’s and Women’s Bathrooms: Paper towel dispensers are too high. / Adjust the paper towel dispensers to a forward reach limit of no higher than 48” from the knob to the floor in accordance with ADAAG. / By September 30, 2002, the College will provide evidence that the actions have been completed.

E. CAMPUS CENTER (Constructed 1964)

PARKING: There is no accessible parking located near the accessible walkway or entrance. / Parking spaces will be located near accessible walkways and/or building entrances in accordance with ADAAG. / By September 30, 2002, the College will provide evidence that the actions have been completed.
ENTRANCE: An incline at threshold of the Center impedes access of mobility-impaired persons entering the front doors. / The College will grade the incline. / By September 30, 2003, the College will provide evidence that the actions have been completed.
LOBBY: Telephone is too high. / The highest part of the operable part of the phone shall be no higher than 48”. / By September 30, 2002, the College will provide evidence that this action has been completed.
MEN’S BATHROOM (RENOVATED 12/2000): No Signage. Threshold needs work because the door jams and the incline to the threshold should to be extended for smooth transition into the bathroom. / Install the international symbol of accessibility on bathroom door. Repair threshold. / By September 30, 2002, the College will provide evidence that the actions have been completed.
Paper towel dispenser and mirror are too high. / For paper towel dispensers, the forward reach should be no higher than 48” from the knob to the floor. The rim of the mirror should be no higher than 34’ from the floor. / By September 30, 2002, the College will provide evidence that this action has been completed.
WOMEN’S BATHROOM (Renovated 12/00): No Signage. Paper towel dispenser and mirror are too high. / Install the international symbol of accessibility on door. For paper towel dispensers, the forward reach should be no higher than 48” from the knob to the floor. The rim of the mirror should be no higher than 34’ from floor. / By September 30, 2002, the College will provide evidence that this action has been completed.
BOOKSTORE: Interior door pressure is too high. / New interior door will be installed in accordance with ADAAG. / By September 30, 2002, the College will provide evidence that this action has been completed.
Textbooks are located in the basement and are inaccessible to mobility-impaired students. The clerk secures the books for students. However, College stated that Barnes and Noble is scheduled to take over management of bookstore in fall 2001 and has plans for remodeling. The extent of the remodeling is unknown. / The College will notify OCR of whether the remodeling of the bookstore includes moving the textbook books to an accessible location. In the event the remodeling plans do not include moving the textbooks to an accessible location, Barnes and Noble will develop a procedure for securing books, advise staff of the procedure, and post the procedure in a prominent location. New interior door will be installed in accordance with ADAAG. / By September 30, 2002, the College will provide evidence that this action has been completed.
MAILROOM: Entrance is too narrow at 31”. Additionally, after business hours, mobility-impaired students are unable to access the mailbox. / The mailroom will be relocated to Walsh Hall by fall 2001. The space and equipment, e.g., student mailboxes, mail drop-off box, will comply with ADAAG. / By September 30, 2002, the College will provide evidence that this action has been completed.
CAFETERIA: Return tray counter is too high. / The College will lower the counter to 34” or provide a cart to be utilized for tray returns. / By September 30, 2002, the College will provide evidence that this action has been completed.
WELLNESS CENTER: The Center is located on the 2nd floor, and is not accessible. Services can be duplicated at other locations but this information is not published in the Center’s brochure or catalog. / The College is in the process of revising its catalog to notify students that services can be duplicated at other locations upon request. This information should also be included in the brochure. / By September 30, 2002, the College will provide evidence that this action was completed.
OFFICE OF STUDENT LIFE (2nd Floor): The office contains Leadership Training, Multi- cultural & Judicial Affairs, Residence Life/Housing and Student Activities that are not accessible. Students can meet with these individuals at other locations or the student’s RA can arrange an appointment. However, no information is published or posted advising students of this provision. / The College will post notices at the dormitories, Campus Center, and the Administration Building advising students of the procedures for securing services at other locations. The notice will identify the contact person and provide a telephone number. / By September 30, 2002, the College will provide evidence that this action has been completed.
CAMPUS SPONSORED EVENTS: Activities such as club meetings and orientation are held on the 2nd floor, which is inaccessible. / The College will develop a list identifying the accessible facilities on campus, and disseminate the information to all appropriate parties. Additionally, the College will advise all staff that all college-sponsored activities will be held at accessible locations. / By September 30, 2002, the College will provide evidence that the actions have been completed.

F. DEIGNAN HALL – Chemistry (Constructed 1958)