SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND MOTORCYCLE MECHANICS INSTITUTE, INC. TO RESOLVE COMPLAINT NO. XXX This matter was initiated on November 17, 1992 by a complaint filed by Brent Reed with the Department of Justice against Clinton Harley Corporation dba Clinton Technical Institute, Motorcycle Mechanics Institute Division (MMI). Reed's complaint alleged that MMI had discriminated against him on the basis of his disability (a vision impairment) when it requested additional information prior to admitting him into its training program. The Department of Justice investigated the complaint pursuant to its authority to enforce title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.  12181-89, and the title III regulation , 28 C.F.R. pt. 36. The parties have agreed to resolve this matter according to the terms set forth below without the need for formal findings or resort to litigation. The parties to this agreement are MMI and the United States. The parties stipulate as follows: A. The entire facility located at 2844 West Deer Valley Road, Phoenix, Arizona, is leased by the Clinton Harley Corporation dba Clinton Technical Institute, Motorcycle Mechanics Institute Division (MMI). B. MMI operates a place of education and is a public accommodation as defined in section 301(7)(J) of the ADA and  36.104 of the ADA title III regulation. 42 U.S.C.  12181, 28 C.F.R.  36.104. C. Brent Reed is blind and is an individual with a disability, as defined by  3(2) of the Act and  36.104 of the ADA title III regulation. 42 U.S.C.  12102, 28 C.F.R.  36.104. D. Reed's complaint alleged that in the winter of 1992, MMI initially accepted him into its training program, but thereafter withdrew the acceptance upon learning of the extent of his visual disability. MMI then imposed eligibility criteria upon Mr. Reed that it did not impose upon applicants who were not disabled, namely: 1. requiring Reed to submit a letter from a motorcycle dealer stating that he was considered employable; 2. requiring Reed to submit a letter from a qualified physician stating that Reed could successfully complete the course work safely and effectively; and 3. requiring Reed to submit a statement of his goals and an explanation of how the training could benefit him. E. MMI denies that it has violated the ADA. MMI maintains that it is committed to full compliance with the ADA, and to demonstrate that commitment, has agreed to the steps set forth in this agreement. F. In consideration for MMI's agreement to undertake the steps outlined below, the United States agrees to close its investigation of this matter and forego formal enforcement action. G. Within 30 days of the effective date of this agreement MMI shall take the following actions: 1. MMI shall pay to Mr. Reed the sum of $16,000. Payment shall be made in the form of a check drawn payable to Brent Reed and mailed to him by first-class certified mail. 2. MMI shall appoint an employee to have overall responsibility for implementing and monitoring MMI's compliance with the ADA. 3. MMI shall ensure that its standards, policies, and procedures for recruiting, evaluating and accepting applicants for the MMI training program do not discriminate against any person because of his or her disability. Specifically, a. MMI shall not make any additional or different inquiries or require any additional or different documentation or certification in connection with applications from persons with disabilities, unless MMI believes, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, that such student or applicant may pose a direct threat to the health or safety of others or the safe operation of the program. As used herein, the term direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids and services. The determination that a person poses a direct threat to the health or safety of others must be based on, and any inquiries shall be limited to ascertaining, actual risk. The determination may not be based on generalizations or stereotypes about the effects of a particular disability; it must be based on an individual assessment. b. If an applicant or a student with a disability requests auxiliary aids or services for communication or - 2 - a reasonable modification in policies or procedures, MMI may inquire into the nature of the individual's disability and needs in order to respond appropriately to such requests. All such requests shall be handled by the employee designated above to have overall responsibility for ensuring MMI's compliance with the ADA. 4. All persons who inquire about MMI's policies and standards with respect to applicants or students with disabilities shall be advised that MMI does not discriminate on the basis of disability. Further inquiries may be referred to the employee designated above who has overall responsibility for ensuring MMI's compliance with the ADA. 5. MMI shall disseminate to all employees and instructors a copy of Attachment A to this Agreement which incorporates policies and procedures of nondiscrimination as set forth above. Any employee or instructor who violates this policy of nondiscrimination shall be subject to immediate disciplinary action. H. Within 60 days of the effective date of this agreement, MMI shall submit a report to the United States certifying that it has taken the steps required above to comply with the agreement. The report shall describe in detail the actions taken and shall include the dates of each action and the name and position of individuals responsible for carrying out each action. I. The Department of Justice may review compliance with this agreement at any time. If at any time within five years from the date hereof the Department of Justice finds that this agreement or any requirement thereof has been violated, or in the event that MMI fails to comply in a timely fashion with any requirement of this agreement, all terms of this agreement shall become enforceable in federal district court and the Attorney General shall be authorized to seek civil penalties, pursuant to 42 U.S.C.  12188(b)(2)(C). Failure by the Department of Justice to enforce this entire agreement with regard to any deadline herein shall not be construed as a waiver of its right to do so with regard to future deadlines and provisions of this agreement. J. This settlement agreement is final and binding on MMI, as well as all principals, agents and successors in interest. K. This agreement and the policies and procedures developed pursuant to this agreement constitute the entire agreement between the parties on the matters raised herein, and no other statement, promise or agreement, either written or oral, made by any of the parties or by agents of the parties, that is not contained in this written agreement or in the policies developed hereto shall be enforceable. This agreement is limited to the facts set forth herein and does not purport to remedy any other potential - 3 - violations of the ADA or any other federal law. This agreement does not affect MMI's continuing responsibility to comply with all requirements of the ADA. L. This is a public agreement and may be made available to any person. M. The effective date of this agreement is the date of the last signature below. For the United States: James P. Turner Acting Assistant Attorney General (Signature) Date: 3-23-94 John L. Wodatch Joan A. Magagna Marc Dubin Attorneys Public Access Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 307-0663 For MMI: (Signature) Date: 2-23-94 John C. White Title: President - 4 - Attachment A MOTORCYCLE MECHANICS INSTITUTE, POLICY OF NONDISCRIMINATION MMI is strongly committed to full compliance with the Americans with Disabilities Act. MMI's standards, policies, and procedures for recruiting, evaluating and accepting applicants for the MMI training program shall not discriminate against any person because of his or her disability. MMI shall not make any additional or different inquiries or require any additional or different documentation or certification in connection with applications from persons with disabilities, unless MMI believes based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence that such student or applicant may pose a direct threat to the health or safety of others or the safe operation of the program. MMI has appointed Pam Eggen to have overall responsibility for implementing and monitoring MMI's compliance with the ADA. All inquiries and problems relating to ADA compliance or the needs and requests of students with disabilities shall be referred to her. All persons who inquire about MMI's policies and standards with respect to applicants or students with disabilities shall be advised that MMI does not discriminate on the basis of disability. Further inquiries may be referred to the employee designated above to have overall responsibility for ensuring MMI's compliance with the ADA. If an applicant or a student with a disability requests auxiliary aids or services for communication or a reasonable modification in policies or procedures, MMI may inquire into the nature of the individual's disability and needs in order to respond appropriately to such requests. All such requests shall be handled by the employee designated above to have overall responsibility for ensuring MMI's compliance with the ADA. Any employee who violates this policy of nondiscrimination shall be subject to immediate disciplinary action. - 5 - DEPARTMENT OF JUSTICE FOR IMMEDIATE RELEASE CR WEDNESDAY, MARCH 23, 1994 (202) 616-2765 PHOENIX TRADE SCHOOL TO PAY DAMAGES FOR ALLEGEDLY VIOLATING THE AMERICANS WITH DISABILITIES ACT WASHINGTON, D.C. -- A Phoenix trade school that refused to admit a man with a visual impairment to its motorcycle mechanics course will pay $16,000 in damages under an agreement reached today with the Justice Department. In the winter of 1992, Brent Reed applied and was accepted to Motorcycle Mechanics Institute (MMI), a division of Clinton Technical Institute. However, according to a complaint filed by Reed with the Justice Department under the Americans with Disabilities Act (ADA), MMI withdrew its acceptance once it learned of the extent of his vision disability. MMI then allegedly asked Reed to provide additional documentation, not required of other applicants, including a letter from a motorcycle dealer indicating that he would be considered employable, a phycian's letter indicating he could safely complete the course, and a personal statement describing his goals and reasons why he thought he would benefit from the course. (MORE) - 2 - Title III of the ADA prohibits public accommodations, including places of education, from having eligibility requirements that discriminate on the basis of disability. "The ADA seeks to ensure that individuals with disabilities have equal access to the training and educational opportunities offered in the community," said Acting Assistant Attorney General James P. Turner. "This agreement highlights our efforts to counter misconceptions about the capabilities of persons with disabilities." Under today's agreement there is no finding that MMI violated the ADA, however, MMI will pay Reed $16,000 and no longer require additional documentation of persons with disabilities, except where specific information is necessary to determine whether a particular individual poses a direct threat to the health or safety of others or the safe operation of the program. # # # 94-154