- The parties to this Settlement Agreement ("Agreement") are the United States of America (the "United States") and The Grantsmanship Center, Inc. ("TGCI"), with principal offices at 1125 West Sixth Street, Los Angeles, California. The parties have determined that their respective interests can be met by securing compliance with Title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. ï½§ï½§ 12181-12189, by voluntary means and have therefore voluntarily entered into this Agreement.
The parties hereby agree as follows:
- The ADA applies to TGCI because it is a public accommodation within the meaning of 42 U.S.C. ï½§ 12181.
- The subject of this Settlement Agreement is TGCI's provision of auxiliary aids and services necessary to ensure that no individual with a hearing or speech impairment is excluded, denied services, segregated or otherwise treated differently than other individuals in obtaining access to the programs and courses offered by TGCI and to ensure effective communications with individuals with disabilities. 28 C.F.R. ï½§ 36.303.
A. Programs and Courses Offered by TGCI
- TGCI offers to the public three courses in fundraising for not-for-profit and governmental organizations:
- The "Grantsmanship Training Program" is a five-day workshop covering researching for grants, writing grant proposals, and negotiating with funding sources. It involves lectures, practical exercises, small group discussion and individual instruction. TGCI offers approximately 120 five-day Grantsmanship Training Program sessions throughout the United States each year. The basic tuition of the program is $595.
- The "Strategic Fundraising Training" is a five-day workshop in developing strategic fundraising plans. The program combines structured analysis, focused discussions and small group exercises. TGCI offers approximately 25 five-day Strategic Fundraising Training sessions throughout the United States each year. The basic tuition of the program is $595.
- The "Grant Proposal Writing Workshop" is a three-day workshop in program planning and grant proposal writing. It involves lectures, practical exercises, small group discussion and writing, and individual instruction. TGCI offers approximately 25 three-day Grant Proposal Writing Workshops throughout the United States each year. The basic tuition of the program is $425.
B. TGCI's Policy on Providing Sign-Language Interpreter Services
- TGCI has received requests that it provide sign-language interpreter services for persons with hearing or speech impairments seeking to attend its programs. TGCI's policy is to offer the applicant a scholarship of one-half of the tuition if the applicant will provide and pay for his or her own sign-language interpreter services. TGCI permits sign-language interpreters to attend the sessions at no cost.
II. Provision of Sign-Language Interpreter Services at Future Courses and Programs Offered by TGCI
- TGCI shall continue its policy, set forth in paragraph 5 of this agreement.
- In addition, TGCI shall implement a program in which it provides sign-language interpreter services adequate to ensure that persons with hearing and speech impairments are able fully to participate in the programs TGCI offers. Sign-language interpreting will be provided by arrangements that TGCI makes with interpreters or by arrangements with TGCI's local host organizations. No tuition discounts will be offered to persons with hearing and speech impairments to help underwrite the cost of any private arrangements they may make for sign-language interpreter services at these programs.
- TGCI will publicize these workshops as being sign-language interpreted, in an attempt to reach out to the deaf community. TGCI will also request the host organizations of these workshops to publicize the fact that sign-language interpreter services will be provided free of cost.
- Sign-language interpreter services shall be offered at regularly scheduled workshops dispersed throughout the four regions of the United States, as set forth below.
- For purposes of this Agreement, the United States shall be divided into four regions, as follows:
- Region I comprises the states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, New Jersey, Delaware, Maryland, West Virginia, and Virginia; the District of Columbia; the Virgin Islands; and the Commonwealth of Puerto Rico.
- Region II comprises the states of North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Tennessee, Kentucky, Arkansas, Louisiana, Oklahoma and Texas.
- Region III comprises the states of Ohio, Michigan, Indiana, Illinois, Wisconsin, Minnesota, Iowa, Missouri, North Dakota, South Dakota, Nebraska, and Kansas.
- Region IV comprises the states of Montana, Idaho, Wyoming, Utah, Colorado, New Mexico, Arizona, Nevada, California, Oregon, Washington, Hawaii, and Alaska; Guam; American Samoa; the Trust Territory of the Pacific Islands; and the Commonwealth of the Northern Mariana Islands.
- Each calendar year, beginning in 1999, TGCI shall arrange for the provision of sign-language interpreter services at two sessions of the Grantsmanship Training Program in each of the four regions, for a total of eight such sessions.
- Each calendar year, beginning in 1999, TGCI shall arrange for the provision of sign-language interpreter services at a session of the Strategic Fundraising Workshop in two of the four regions. In the following year, a session will be offered in each of the remaining two regions.
- Each calendar year, beginning in 1999, TGCI shall arrange for the provision of sign-language interpreter services at a session of the Grant Proposal Writing Workshop in two of the four regions. In the following year, a session will be offered in each of the remaining two regions.
- In all of its newsletters, advertisements and other promotional materials relating to its programs and courses, TGCI shall notify the public that sign-language interpreter services will be provided free of cost and will set forth at which of the sessions, as set forth in paragraphs 11 through 13, sign-language interpreter services will be provided. In these materials, TGCI will state that, in order to assure their enrollment, deaf or hearing-impaired persons who wish to attend the interpreted programs should register at least two weeks prior to the program date. If no persons requiring interpreter services have registered for the program two weeks prior to the program date, TGCI will cancel the provision of interpreter services. If at least one person requiring interpreter services has registered for training at least two weeks prior to the program date, TGCI will accept registrations from persons with hearing and speech impairments any time prior to the start of training until the program has reached the maximum capacity of 25 participants.
- TGCI's promotional materials shall also state that if a person requiring interpreter services withdraws from a workshop prior to the program date, thereby resulting in the cancellation of interpreter services, the amount of any refund will be reduced by the cost, if any, TGCI actually incurs for such cancellation.
- No person shall be denied access to a program for which TGCI has arranged to provide sign-language interpreter services if application is made to attend this training at least one week prior to the date of the training.
- No person with a hearing or speech impairment, because of a disability, shall be denied admittance to a TGCI
- training program for which TGCI has not arranged to provide sign-language interpreter services under the terms of this Agreement.
III. Progress Report
- Within 120 days of the effective date of this Agreement and every six months thereafter for a period of three years, TGCI will submit a report to the United States detailing the actions it has taken to comply with the preceding provisions.
IV. Implementation and Enforcement of the Settlement Agreement
- Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any provision herein shall not be construed as a waiver of its right to do so with regard to other provisions of this Agreement.
- This Agreement is a public document and constitutes the entire agreement between the parties on the matters raised herein. Copies of this Agreement shall be made available to any person by either party upon request to that party.
- The effective date of this Agreement is the date of the last signature below.
For The Grantsmanship Center:
NORTON J. KIRITZ
The Grantsmanship Center
1125 West Sixth Street
Los Angeles, CA 90017
Tel. No.: (213) 482-9860
For the United States:
MARY JO WHITE
United States Attorney
Southern District of New York
By:________________________________ Date _______
SARA L. SHUDOFSKY
Assistant United States
100 Church Street - 19th Floor
New York, New York 10007
Tel. No.: (212) 637-2693
ZACHARY W. CARTER
United States Attorney
Eastern District of New York
By:______________________________ Date _______>
SANFORD M. COHEN
Chief, Civil Rights Litigation
1 Pierrepont Plaza, 16th Floor
Brooklyn, New York 11201
Tel. No.: (718) 254-6249