Settlement Agreement Between The United States Of America And Dr. Delmar Gheen Under The Americans With Disabilities Act In Department

BACKGROUND

1. This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. ｧｧ 12181-12189, with the United States Department of Justice (Department) against the office of Dr. Delmar Gheen. The complaint alleged that Dr. Gheen and his office staff failed to provide a sign language interpreter for a patient who is deaf.
2. Dr. Gheen formerly operated a professional office of a health care provider in Canton, Ohio. It is a public accommodation covered by title III of the ADA. 42 U.S.C. ｧ 12181(7)(f).
3. Dr. Gheen retired from the private practice of medicine effective August 31, 2000.
4. The Department of Justice is authorized to investigate complaints under title III of the ADA and to bring suit in particular cases. 42 U.S.C. ｧ 12188(b)(1)(B).
5. The parties have agreed to resolve this matter as set forth below, without adjudication of any factual and legal allegations, which remain disputed, without any admission or liability or wrong-doing.

AGREEMENT

6. Within 90 days of the effective date of this Agreement, Dr. Gheen directly, or through his attorney, will compensate the complainant in this matter in the amount of $1,500.00 by certified check, sent by certified mail, to the address provided by the Department, which shall furnish it on or before the effective date. Payment will be made in three installments of $500.00 each. The first $500.00 payment will be made no later than 30 days of the effective date of this Agreement; the second no later than 60 days, and the third and final payment no later than 90 days of the effective date of this Agreement . Dr. Gheen, directly or though his attorney, will also send a copy of the checks and transmittal letters to the Department at the address below.
7. In the event that Dr. Gheen were to resume the private practice of medicine, he agrees to provide appropriate auxiliary aids and services, including qualified sign language interpreters, upon reasonable notice and when necessary to ensure effective communication with deaf and hard of hearing individuals. Should he resume the private practice of medicine, Dr. Gheen will provide appropriate auxiliary aids or services at his own expense, unless to do so would constitute a fundamental alteration of his services or result in an undue financial or administrative burden.
8. In the event that Dr. Gheen were to resume the private practice of medicine, he will develop a written policy and set of procedures implementing ｶ7 within 30 days of the resumption of his private practice. The document will be integrated into any existing written policies and procedures and copies will be distributed to all staff and provided to members of the public upon request. A copy of the policy and procedures will be submitted to the Department of Justice within 40 days of his resumption of private practice.
9. In the event that Dr. Gheen were to resume the private practice of medicine he will prominently post the attached "Notice" at all reception desks within ten days of resumption. Copies of the Notice will also be made available to any individual upon request.
10. In the event that Dr. Gheen were to resume the private practice of medicine he will secure for himself and his staff a training session concerning the requirements of the Americans with Disabilities Act and their obligations to ensure that communications with individuals with disabilities are as effective as communications with others.
11. In consideration of the promises made in ｶｶ 6 through 10, the Department agrees to close the investigation of complaint DJ# 202-57-57 and to refrain from bringing a civil action against Dr. Gheen.

ENFORCEMENT

12. The Department of Justice may review compliance with this Agreement at any time. If the Department determines that this Agreement or any of its material requirements has been violated, it may institute a civil action in federal district court to enforce this Agreement or the requirements of title III, following written notice to Dr. Gheen of the possible violation and a period of 10 days in which Dr. Gheen has the opportunity to cure the alleged violation.
13. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

IMPLEMENTATION

14. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person upon request.
15. The effective date of this Agreement is the date of the last signature below.
16. 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, will be enforceable.
17. This Agreement is limited to the facts set forth above and does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect Dr. Gheen's continuing responsibility to comply with all applicable aspects of title III of the ADA.
18. The person signing this document for Dr. Gheen represents that he is authorized to bind the office of Dr. Gheen to this Agreement.
19. This Agreement will remain in effect for one year from its effective date or until Dr. Gheen provides documentation in writing to the Department that the promises made in ｶ 6 have been implemented and that the promises in ｶｶ 7 through 10 have been implemented in the event Dr. Gheen were to resume the private practice of medicine.

FOR THE UNITED STATES:

BILL LANN LEE
Assistant Attorney General
Civil Rights Division

By: _______________________________      Date___________
      JOHN L. WODATCH, CHIEF
      Allison Nichol, Deputy Chief
      Susan B. Reilly, Supervisory Attorney
      Thomas Esbrook, Investigator
      Disability Rights Section
      U.S. Department of Justice
      P.O. Box 66738
      Washington, D.C. 20035
      (202) 307-0633

FOR DR. DELMAR GHEEN:

By: _______________________________      Date___________
      DELMAR GHEEN, M.D.
      Versailles, Missouri

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