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OCR Case re Brooklyn College
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UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FORCIVIL RIGHTS
<p>
75 PARK PLACE
NEW YORK, NEW YORK 10007
<p>
MAR 29 1996
<p>
Ms. Patricia Bromberger
35 Seacoast Terrace, Apt. 3B
Brooklyn, New York 11235
<p>
Re: Case no. 02-95-2145
<p>
Dear Ms. Bromberger:
<p>
On May 17, 1995, the New York Regional Office for Civil Rights
(OCR) received the above-referenced complaint filed against
Brooklyn College of the City University of New York (the College).
On July 17, 1995, August 22, 1995, and August 25, 1995,
respectively, OCR received additional information from you
concerning your complaint.
<p>
You allege that the College discriminates on the basis of
disability. Specifically, you allege that you were not provided
with academic adjustments and auxiliary aids, and were not provided
access to other services and programs at the College. You also
allege that various components of the College campus and/or
programs are not accessible to students with physical disabilities.
Finally, you allege that, in February 1995, you were terminated
from your position as a College Assistant because you engaged in
protected activity on behalf of students with disabilities. As
stated in OCR's letter to you dated October 3, 1995, your
allegations regarding accessibility are being addressed by OCR as
part of this office's ongoing monitoring of accessibility issues at
the College, under case number 02-90-2075. Because your employment
allegation is being pursued by you through the College's internal
grievance procedures, OCR has not investigated that allegation, and
it is not addressed herein.
<p>
OCR has jurisdiction over complaints alleging discrimination on the
basis of disability that are filed against recipients of Federal
financial assistance from the U.S. Department of Education and
programs or activities that receive or benefit from such
assistance. OCR has jurisdiction over these complaints pursuant to
Section 504 of the Rehabilitation Act of 1973 (Section 504), as
amended, 29 U.S.C. Sec. 794 et seq., and its implementing regulation
at 34 C.F.R. Part 104, which prohibit such discrimination. OCR has
determined that the College receives financial assistance from the
Department and, therefore, is subject to the provisions of Section
504.
<p>
Additionally, OCR has jurisdiction over complaints alleging
discrimination on the basis of disability that are filed against
public elementary and secondary education systems and institutions,
public institutions of higher education and vocational education
(other than schools of medicine, dentistry, nursing, and other
<p>
jurisdiction over these complaints as a designated agency under
Title II of the Americans with Disabilities Act of 1990 (ADA), 42
U.S.C. Sec. 12101 et seq., and its implementing regulation at 28
C.F.R. Part 35, which prohibit such discrimination. Accordingly,
the College is also subject to the provisions of Title II of the
ADA.
<p>
The College has agreed to implement the enclosed resolution
agreement which addresses your remaining allegations.
Implementation of this resolution agreement will be monitored by
this office. Failure to implement the written resolution agreement
will result in OCR's immediate resumption of its complaint
resolution activities.
<p>
This letter is not intended, nor should it be construed, to cover
any issues regarding the Board's compliance with Section 504 or the
ADA that are not discussed herein.
<p>
The College has been advised that a U.S. Department of Education
regulation prohibits the College from harassing or intimidating an
individual who has filed a complaint or participated in actions to
secure protected rights. If this should occur, the individual may
file a separate complaint alleging such harassment or intimidation.
<p>
Under the Freedom of Information Act, 5 U.S.C. 552, it may be
necessary to release this document and related correspondence and
records upon request. In the event that OCR receives such a
request, we will seek to protect, to the extent provided by law,
personal information which, if released, could constitute an
unwarranted invasion of privacy.
<p>
If you have any questions, please contact Jonathan Rosenberg at
(212) 637-6326.
<p>
Ronaldo Alvarado
Compliance Division Director
<p>
Enclosure
As stated
<p>
cc: Alan Fuchsberg, Esq.
The Jacob D. Fuchsberg Law Firm
500 Fifth Avenue
New York, New York 10110-0393
<p>
Resolution Agreement
Case Nos. 02-95-2142, 02-95-2143, 02-95-2144,
02-95-2145, 02-95-2147, 02-96-2014
<p>
In order to resolve the issues pertaining to services for students
with disabilities in the above-referenced cases, Brooklyn College
of the City University of New York (the College) will take the
following actions pursuant to Section 504 of the Rehabilitation Act
of 1973 (Section 504), as amended, 29 U.S.C. 794, and its
implementing regulation at 34 C.F.R. Part 104; and Title II of the
Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et
seq., and its implementing regulation at 28 C.F.R. part 35:
<p>
1. Readers.
<p>
The College will ensure that, upon timely prior request,
readers will be made available on-campus in a timely fashion
to any disabled student who requires reader services. The
College will provide readers, either volunteer or reimbursed,
who are qualified to read in the subject area in which reader
services are required. The College will develop, maintain,
and update a list of available qualified readers. As used in
this paragraph, a "qualified" reader is an individual who can
clearly convey the information in the reading material.
<p>
The College will not require monetary expense by a disabled
student to pay for reader services which are required as an
auxiliary aid or academic adjustment by the student. The
College will explain to all eligible disabled students that
there is no requirement that students first seek other sources
of funding for reader services, such as funding provided by
Vocational and Educational Services for Individuals with
Disabilities (VESID), before obligating the College to provide
such services. However, students who are current VESID
clients may be required to submit forms to VESID seeking
payment or reimbursement to the College for reader services,
provided that this requirement is not unduly burdensome for
individual students. The College will pay for the provision
of reader services to the extent necessary to provide
effective access to disabled students to the College's
programs, services, and activities.
<p>
At the College's request, while operating under the terms of
the foregoing paragraph of this agreement, OCR will inform the
College of the extent to which the obligation to apply to
VESID for eligibility and/or funding may be imposed on
students with disabilities.
<p>
The College will draft a policy on reader services, consistent
with the above. After review of the policy by OCR, the policy
will be distributed to all known disabled students who are
potentially eligible for the receipt of reader services, and
will be fully implemented by the College. The policy will be
incorporated in the Services for Students with Disabilities
Program (SFSWD) Handbook.
<p>
2. Computer Services.
<p>
The College will contact students registered with the Services
for Students with Disabilities Program who are known to have
visual impairments to offer training in the use of the
adaptive computer equipment and programs available in College
computer labs and centers.
<p>
The College will modify with adaptive equipment a sufficient
number of computers designated for student use to provide
comparable access to computers to the College's students with
visual impairments for the same hours and under the same
conditions as such services are provided to non-disabled
students. If a student with a disability requires adaptive
equipment in computers designated for student use in order to
have access to programs and activities, upon timely prior
notice the College will provide such adaptive equipment or
other aids in a timely and effective manner.
<p>
By April 30, 1996, a directive from a senior administrative
officer will notify all College departments as to the policy
regarding accessibility of computer laboratories and centers
(e.g., the library and the Atrium) to students with
disabilities. The policy will ensure that College faculty and
administrative staff are responsive to identified needs for
access to computer laboratories and centers. The College will
identify and assign technical and support staff to implement
the policy.
<p>
By December 15, 1996, the College will develop a multi-year
plan to ensure that each computer laboratory or center
designated for student use provides equivalent access to
students with disabilities. The College will ensure that, by
September 1, 1996, all locations which provide computer-
related services to students have at least one computer
workstation that is accessible to students with mobility
impairments. Where access to computer-related services is
impeded due to structural accessibility concerns,
accessibility will be provided in accordance with the
timeframes in the College's campus-wide accessibility capital
project, undertaken pursuant to the resolution agreement in
case number 02-90-2075.
<p>
If a student with a disability is engaged in a course of study
which will require long-term access to computer services, the
College will provide adaptive equipment or other auxiliary
aids in a manner to ensure such long-term access. The College
will ensure that departmental personnel cooperate with College
computer staff, disabilities services staff, and the student
engaged in the course of study in order to develop a plan that
anticipates the student's needs and provides effective and
timely auxiliary aids.
<p>
3. Services for Students with Disabilities Program.
<p>
The College will ensure that students with disabilities are
provided with equivalent access to all services available to
non-disabled students during the same hours as for non-
disabled students. Because of the critical role of the
Services for Students with Disabilities Program (SFSWD), the
College will keep the SFSWD offices open and staffed with
informed staff during regular College business hours.
<p>
4. Availability of Written Materials in Alternative Formats.
<p>
The College will make available in a reasonable and timely
manner to students with disabilities the printed materials
used in its programs in mediums which effectively allow
students with disabilities equivalent access to the materials.
The College will consider providing printed materials in the
student's preferred medium. Where the preferred medium is not
provided, the College will keep documents detailing the
reasons for the decision and noting the alternative provided
which was equally effective.
<p>
Written materials for the purposes discussed above include
student handbooks, class schedules, and other materials
produced by the College, as well as written materials and
publications from other sources used by the College in its
programs and activities.
<p>
With respect to course materials, upon timely prior notice to
the College by a disabled student, the College will take the
steps necessary within its control to ensure that applicable
textbooks will be made accessible to the student no later than
the start of the semester. If texts are unavailable to
students and relevant portions are provided to the class, such
material will be provided in an accessible format at the time
the reading assignment is made to the class or, if the
assignment is due more than one month after the date the
semester commences, then at least one month before the due
date of the assignment. Upon timely prior notice, course
handouts will be made available in an accessible format when
distributed to the class. Upon timely prior notice, students
whose disability requires that they be provided with material
on an earlier basis than their classmates will continue to be
provided with material on such an earlier basis as an
auxiliary aid or academic adjustment. Timely prior notice for
the above purposes does not require that notice be given more
than once for each type of course material in a given course.
<p>
The College recognizes that, to be effectively communicated,
some subjects (e.g., calculus, physics, foreign languages)
involve particular difficulties in providing course materials
in an accessible format. With respect to such subjects which
pose particular difficulties in providing course material in
an accessible format, the College will take reasonable steps
necessary to provide course materials and examinations in an
appropriate medium.
<p>
The College will prepare a policy on the provision of written
materials in alternate formats for disabled students who
require such services as auxiliary aids. This policy will,
after review by OCR, be disseminated to all faculty,
administrative staff, and organizations receiving significant
assistance from the College. The College may require that
students undertake non-burdensome personal administrative
tasks, provided that such tasks do not involve any monetary
cost, other than that required of all students, to the
students. For example, the College may require a student to:
call a publisher to obtain a complimentary copy of a textbook;
prepare, with the College's assistance if necessary,
applications to agencies that provide books in an accessible
format, such as books on tape.
<p>
5. Library Services.
<p>
By March 30, 1996, the College will establish a team of
individuals to evaluate accessibility in the library. Special
attention will be taken to assess the appropriateness of
services available to accommodate visually impaired students.
By June 30, 1996, the College will provide OCR with a copy of
the team's accessibility report, and a summary of steps
taken/to be taken to make its library research resources
accessible to individuals with visual impairments.
<p>
6. Provision of Accommodations by Faculty and Instructional
Staff.
<p>
The College will develop for OCR review a policy regarding the
implementation by instructors of auxiliary aids and academic
adjustments. The policy will include the designation of
persons responsible for enforcing the policy. Upon review by
OCR, the policy will be disseminated to all students with
disabilities, instructional staff, and department heads.
During the first week of the Fall semester of 1996, the
College will notify the faculty and administrative staff of
their obligation to implement appropriately documented
requests for auxiliary aids or academic adjustments. The
College will take ongoing steps beginning with the 1996-1997
academic year to reinforce this obligation.
<p>
7. Policy Regarding Moving Classes due to Elevator Breakdowns.
<p>
The College will submit a draft policy to OCR concerning the
moving of classes and other programs due to elevator
breakdowns. The policy will include specific timeframes for
how long an elevator will be out of service before classes
must be moved, alternate means of providing access for
disabled students based on short-term breakdowns, and the
specific responsibilities of College personnel (instructional
staff, department heads, facilities staff, SSDP staff) for
implementation of the policy. Once OCR has reviewed the
policy, the College will disseminate it to all departments,
instructional staff, and disabled students.
<p>
8. Self-Evaluation Plan under the ADA.
<p>
By September 1, 1996, the College will complete a self-
evaluation plan, as required by the Americans with
Disabilities Act, and will submit a copy of the plan to OCR.
<p>
9. The College maintains a TDD telephone number for use by
individuals with hearing impairments. The College will ensure
that personnel responsible for responding to TDD calls are
trained in the use of the TDD apparatus.
<p>
10. The College will ensure that all services provided by the
office of security to students are provided to disabled
students as well, including but not limited to the
transportation of students at night to the College parking
lot.
<p>
11. The College will ensure that parking spaces which are
designated for individuals with disabilities are not used by
other vehicles, and will develop a written policy regarding
enforcement of this requirement. The policy will designate
the individual(s) responsible for enforcement of the
requirement and sanctions for owner or operators of non-
complying vehicles.
<p>
12. The College will revise its policy regarding the provision of
copying services to students with disabilities. The revised
policy will ensure that a case-by-case determination is made
regarding the provision of copying services based on a
student's disability-related needs.
<p>
13. With respect to the complainants in this case, the College
assures OCR that it will:
<p>
a. Offer Julio Perez the opportunity to re-enroll during the
1996 to 1997 academic year at no cost in each of the four
courses from which he withdrew during the Fall 1994
semester, provided that such courses are offered.
<p>
b. Ensure that any grade of "WF" (withdrawal with failure)
received by Julio Perez during the Fall 1994 semester is
changed to a grade of "W" (withdrawal).
<p>
c. Provide the complainants with appropriate forms and
assistance, in order to petition to remove any failed or
other grades or withdrawals received by them from the
Fall 1994 semester through the Fall 1995 semester which
resulted from the unavailability of adaptive equipment or
other auxiliary aids, or from the failure to provide
appropriate academic adjustments and/or auxiliary aids.
<p>
d. Provide the complainants with appropriate forms and
assistance, in order to petition for monetary
reimbursement for expense directly incurred to provide
reader services from the Fall 1994 semester through the
Spring 1996 semester. Upon an adequate showing by a
complainant of specific monetary expense due to the
College's failure to provide/pay for requested and
necessary reader services, the College will ensure that
the complainant is fully reimbursed for an amount not to
exceed five hundred dollars ($500).
<p>
e. Provide Welinel Saintilaire with appropriate forms and
assistance, in order to petition for monetary
reimbursement for expense directly incurred to pay for
courses or materials for Core 3 - Political Science
(taken in Summer 1995), and for Statistics (taken in Fall
1994). Upon an adequate showing by Mr. Saintilaire of
specific monetary expense due to the College's failure to
provide requested and necessary academic adjustments
and/or auxiliary aids, the College will ensure that Mr.
Saintilaire is fully reimbursed for an amount not to
exceed five hundred dollars ($500).
<p>
Monitoring:
<p>
OCR will monitor the College's compliance with the terms of this
resolution agreement. Specifically, the College will provide OCR
with the following items:
<p>
By May 31, 1996, a copy of the draft policy regarding provision of
reader services. After OCR's review of the policy, proof of
dissemination of the policy to all students with disabilities,
instructional staff, and relevant administrative personnel.
<p>
By August 20, 1996, a copy of the directive sent to College
departments regarding accessibility of computer services to
students with disabilities.
<p>
By December 30, 1996, a copy of the multi-year plan to ensure that
each computer laboratory or center designated for student use
contains adequate adaptive hardware and software.
<p>
By April 30, 1996, a copy of an announcement to students with
disabilities regarding the hours of operation and availability of
services at the SFSWD office.
<p>
By September 1, 1996, a copy of the draft policy regarding the
provision of written materials, including course materials, in
alternate formats. After OCR's review of the policy, proof of
dissemination of the policy to all known students with
disabilities, instructional staff, and relevant administrative
personnel.
<p>
By March 30, 1996, the list of individuals appointed to be members
of the "library team."
<p>
By June 30, 1996, a copy of the library team's accessibility
report., with interim steps taken/to be taken to make its research
resources accessible to students with visual impairments.
<p>
By September 20, 1996, a copy of the notice to faculty and
administrative staff regarding the policy for provision by
instructional staff of auxiliary aids and academic adjustments. By
August 20, 1996, proof of dissemination of the policy to all known
students with disabilities.
<p>
By April 15, 1996, a copy of the draft policy regarding elevator
breakdowns. By September 15, 1996, proof of dissemination of the
policy to all known students with disabilities, instructional
staff, and relevant administrative personnel.
<p>
By September 1, 1996, a copy of the College's self-evaluation plan
under the Americans with Disabilities Act.
<p>
By April 30, 1996, information regarding the College's TDD
telephone line, and the titles of those persons trained in its use.
<p>
By April 30, 1996, a draft copy of the revised SFSWD Handbook.
<p>
By September 1, 1996, information regarding steps taken to ensure
that services provided by the department of security are available
to individuals with disabilities.
<p>
By June 15, 1996 and December 15, 1996, information pertaining to
item "13" in the resolution agreement, including but not limited to
documentation of petitions filed by the complainants and decisions
made with regard to those petitions.
<p>
By December 15, 1996, all information regarding instances of
enforcement of the policies regarding elevator breakdowns, parking,
provision of auxiliary aids and academic adjustments by
instructional staff.
<p>
By June 15, 1997, updates on implementation of both the multi-year
plan for provision of computer services and the library plan.
<p>
OCR will request additional information and/or conduct site visits
as necessary to monitor the terms of this agreement.
<p>
___________________ _________________
Robert E. Diaz Date
Attorney for Brooklyn College
and CUNY
General Counsel and Vice Chancellor
for Legal Affairs
The City University of New York
535 East 80th Street
New York, New York 10021
<p>
By: Esdras Tulier
Assistant Counsel
<p>
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