Case: Settlement Agreement Between United States of America and Louisiana Tech University

DJ #204-33-116 | No Court

Filed Date: 2013

Closed Date: 2018

Clearinghouse coding complete

Case Summary

A blind college student at Louisiana Technical University ("Louisiana Tech") filed a complaint with the Civil Rights Division of the U.S. Department of Justice against Louisiana Tech alleging that he was discriminated against based on his disability, in violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132. Specifically, the student alleged that his instructor at Louisiana Tech, a public institution, adopted an inaccessible internet-based application called MyOML…

A blind college student at Louisiana Technical University ("Louisiana Tech") filed a complaint with the Civil Rights Division of the U.S. Department of Justice against Louisiana Tech alleging that he was discriminated against based on his disability, in violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132. Specifically, the student alleged that his instructor at Louisiana Tech, a public institution, adopted an inaccessible internet-based application called MyOMLab for numerous aspects of coursework, thereby discriminating against him by denying him the ability to participate in course in violation of the ADA. The student claimed that as a result of the professor's adoption of MyOMLab and the failure of the professor or the vendor of MyOMLab to provide an accessible version of MyOMLab a month into the semester, he was forced to withdraw from the course. The student further claimed that in another course the same instructor provided inaccessible hard-copy versions of assignments that were not converted to an accessible format until days after the assignments were distributed to the class, denying the student access to course materials equal to his non-disabled classmates in violation of Title II of the ADA.

On July 12, 2013, the U.S. Department of Justice, Louisiana Tech, and the University System of Louisiana entered into a settlement agreement. The agreement provided that, among other things, Louisiana Tech would adopt a policy that would only adopt technology and use web pages and applications that were accessible by the Web Content Accessibility Guidelines 2.0 level AA standards. Louisiana Tech was required to conduct periodic audits to ensure compliance with these standards. Louisiana Tech agreed to pay the complainant $23,543. The agreement was set to remain in effect for five years.

After five years, by July 12, 2018, there were not any further reported issues and this matter now appears closed.

Summary Authors

Brian Kempfer (6/1/2014)

Hope Brinn (11/1/2018)

People


Attorneys(s) for Plaintiff

Bond, Rebecca B. (District of Columbia)

Hill, Eve L. (District of Columbia)

Langford, Anne E. (District of Columbia)

Ruisanchez, Alberto (District of Columbia)

Wolfe, Kathleen P. (District of Columbia)

Attorneys(s) for Defendant

Guice, Leslie K. (Louisiana)

Perez, Thomas E. (District of Columbia)

Attorneys(s) for Plaintiff

Bond, Rebecca B. (District of Columbia)

Hill, Eve L. (District of Columbia)

Langford, Anne E. (District of Columbia)

Ruisanchez, Alberto (District of Columbia)

Wolfe, Kathleen P. (District of Columbia)

Attorneys(s) for Defendant

Guice, Leslie K. (Louisiana)

Perez, Thomas E. (District of Columbia)

Documents in the Clearinghouse

Document

Settlement Agreement

July 23, 2013

July 23, 2013

Settlement Agreement

04-33116

Justice Department Settles with Louisiana Tech University Over Inaccessible Course Materials

July 23, 2013

July 23, 2013

Press Release

Resources

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Louisiana

Case Type(s):

Disability Rights

Key Dates

Filing Date: 2013

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

blind college student

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Louisiana Tech, State

Defendant Type(s):

College/University

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Special Case Type(s):

Out-of-court

Availably Documents:

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 23,543

Order Duration: 2013 - 2018

Content of Injunction:

Develop anti-discrimination policy

Provide antidiscrimination training

Auditing

Implement complaint/dispute resolution process

Discrimination Prohibition

Reporting

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Disparate Impact

Disparate Treatment

Reasonable Modifications

School/University Facilities

School/University policies

Screen readers and similar accessibility devices

Testing

Test or device

Discrimination-area:

Testing

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Visual impairment

Type of Facility:

Government-run