Washington State Human Rights Commission

The following documents relate to a recent Office for Civil Rights (OCR) case concerning the obligations of Highline Community College (Washington State) to provide word-for-word real time captioning as requested by a hearing impaired student.

Office for Civil Rights Reference No. 10052007: Highline Community College

Dr. Priscilla J. Bell
President
Highline Community College
2400 South 240th Street
Des Moines, Washington 98198

The Office for Civil Rights (OCR) has completed its investigation of this complaint against Highline Community College. The complaint alleged that the college discriminated against a student on the basis of her disability - a hearing impairment - by failing to provide her with auxiliary aids to ensure that the communication of classroom information was as effective for her as for other students.

OCR conducted this investigation under the authority of section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act of 1990. Section 504 prohibits discrimination on the basis of disability in programs and activities receiving financial assistance from the U.S. Department of Education (Department). Title II prohibits discrimination on the basis of disability by public entities. The college is a recipient of federal funding from the Department for purposes of Section 504 and is a public entity for purposes of Title II. The Title II provisions are interpreted in a manner consistent with those of Section 504.

In reaching our decision, we considered information and testimony provided by the student, college faculty and staff, and other students. Based on our investigation, we have determined that the findings support a conclusion that the college did not fully comply with Section 504 and Title II with respect to the issue investigated. The college has agreed to take the actions set forth in the enclosed settlement agreement to fully resolve the compliance concerns that OCR identified. Upon implementation of the agreement, the college will be deemed to be in compliance with the provisions of Section 504 and Title II with respect to the issue investigated in this complaint.

The student has a disability, a hearing impairment. She was enrolled in the college’s paralegal program beginning in the summer of 2004. Prior to the fall quarter of 2004, the student requested word-for-word real-time captioning for her fall quarter classes and she provided the college with medical information that supported her request. The college provided her with a different type of service, an in-class transcription service, based on a meaning for meaning system. After approximately 5 weeks of classes, the student notified the college that she did not believe that the transcription service that was being provided to her was adequate and that the transcription providers were leaving out important information. The student reiterated her request for a word-for-word real-time captioning so that she could follow the lecture and class discussion.

During its investigation, OCR reviewed several examples of the written product that was given to the student (and displayed during the class) using the meaning for meaning transcription service. OCR then compared the transcript with audiotapes, obtained from another student, of lectures for the classes in which the student was enrolled. We determined that the written transcripts did not afford the student with communication that was as effective as the communication afforded to other students. The written transcripts did not include important legal terminology that was discussed in class, examples used by the instructor to illustrate legal concepts that were discussed, and questions and answers that would have assisted the student in understanding the relatively complex legal concepts that were the subject of her paralegal classes. Also, the investigation did not establish that the service selected by the college was as effective as that requested by the student.

The standards under Title II, at 28 CFR 35.160, require that a public entity “shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others” and that a public entity “shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity.”

The standards under Section 504, at 34 CFR 104.44(d), are similar and require the college to ensure that no student with a disability is denied the benefits of or excluded from participation in the college's education program because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills. That section also provides that auxiliary aids may include interpreters or other effective methods of making orally delivered materials available to students with hearing disabilities.

In determining whether the college complied with the requirements of Title II and Section 504 with regard to the issue investigated, OCR considered the extent of the student’s disability and the nature and complexity of the courses in which the student was enrolled. The evidence established that the student has a profound hearing loss and that she provided medical information to the college indicating that she would be best served by the provision of real-time, word for word captioning. We also determined that the courses in which the student was enrolled involved moderately complex content with emphasis on information received through lecture, classroom question and answer, and small group discussions and that the provision of accurate, concurrent, and relatively complete transcription services would be an important auxiliary aid for the student in her paralegal courses.

From our review of the transcripts provided to the student by the meaning for meaning transcription service, we determined that the service provided to the student contained many instances of missing or inaccurately interpreted information. We also identified many instances where information was summarized to the point that it did not accurately reflect, in “real time,” what was occurring in the lecture or classroom at the time the information was transcribed.

We find that the evidence did not reflect that the service selected by the college provided communication to the student that was as effective as the communication provided to other students. We also find that the evidence did not establish that the service was as effective as that requested by the student. We therefore conclude that the college did not adhere to the requirements of Title II and Section 504 with respect to providing the complainant with the auxiliary aids in her paralegal program courses.

This concludes OCR’s investigation of this matter. The findings and conclusions of this letter are limited to the specific facts and circumstances of this case. Pursuant to section 203 of Title II, the complainant may file a private suit irrespective of OCR’s decision in this matter.

As noted above, the college has entered into a settlement agreement that will be monitored by OCR. We appreciate your cooperation in this case and the assistance that we received from college faculty and staff during our investigation and resolution of this matter, in particular the assistance of Ivan Gorne, vice president for student services. If you have any questions, please contact Ms. Jacklyn McCraw, equal opportunity specialist, at (206) 220-7934 or Tim Sell, attorney, at (206) 220-4780.

cc: Ivan Gorne, Vice President for Student Services
Derek L. Edwards, Assistant Attorney General

I. INTRODUCTION
To resolve the compliance concerns identified by the U.S. Department of Education Office for Civil Rights (OCR) following OCR's investigation of a complaint of disability discrimination concerning Highline Community College, OCR case no. 10052007, the parties have agreed as follows:

II. GENERAL PROVISIONS
A. The parties to this Settlement Agreement (agreement) are Highline Community College (college) and OCR.

B. This agreement shall become effective when the authorized representatives for both parties have signed the agreement.

C. This agreement resolves only those compliance concerns identified as part of the investigation of this complaint by OCR, under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act of 1990.

D. The college agrees to fully implement and adhere to the obligations contained in this agreement. In consideration of that agreement, OCR agrees not to initiate enforcement proceedings with respect to the compliance matters identified in the referenced complaint investigation. It is agreed that in the event the college fails to comply with any provision of this agreement, OCR will take appropriate measures to effect compliance with Section 504 and Title II with respect to these matters.

A.        POLICIES AND PROCEDURES

                        By September 30, 2005, the college will review and, as necessary, revise its policies and procedures with regard to the provision of auxiliary aids to students with hearing related disabilities. The college will ensure that its policies and procedures provide the following:

1.         The college will furnish appropriate auxiliary aids and services where necessary to ensure that students with hearing impairments have access to communications that are as effective as communications with others and that afford such students an equal opportunity to participate in and enjoy the benefits of the college's programs and activities.

2. With regard to students with hearing impairments, the college will ensure that its policies and procedures provide that:

a. an individualized determination is made with regard to requests for auxiliary aids and services from such students, appropriate to the nature and extent of the student's disability; and

b. in determining the type of auxiliary aids and services that are necessary for an individual student, the college will give primary consideration to the student's request and will provide the auxiliary aids requested unless the college can provide aids and services that are as effective as the requested aids and services. In making the determination regarding the aids and services to provide the college may request that a student participate in an assessment by a qualified hearing specialist and will consider the assessments and recommendations of such specialist.

B.        NOTICE TO STAFF

1.                  By October 31, 2005, the college will provide notice to staff and administrators who are involved in the process of making decisions regarding the provision of auxiliary aids and services for students with hearing impairments of:

a. any changes made to the college's policies and procedures under section III, A., above;

b. the college's obligation to make individualized determinations regarding requests for auxiliary aids and services from students with hearing impairments and to furnish appropriate auxiliary aids and services where necessary to ensure that students with hearing impairments have access to communications that are as effective as communications with others and that afford such students an equal opportunity to participate in and enjoy the benefits of the college's programs and activities; and

c. the college's overall responsibilities to deaf and hearing-impaired students under Section 504 and Title II.

2. By March 31, 2006, the college will review any college materials and publications that relate to the provision of auxiliary aids to deaf or hearing impaired students and that are provided by the college to students, prospective students and college staff to ensure that these publications include any changes to, or are consistent with, the college's policies and procedures referred to in section III, A., above. By October 31, 2005, the college will makes its best efforts to provide interim notice to students, prospective students and college staff of any changes to its policies and procedures, through changes to the college's website or other similar methods that fall outside of the college's cyclical publication review schedule.

1.                  By the next quarter that the student enrolls in college classes following the spring quarter of 2005, the college will provide the student with:
a.       real time transcription of class lectures and class discussion and will otherwise ensure that during the class the student has access to all of the class content and discussion; and
b.      written transcripts, based on the real time transcription, within a reasonable time period following the class.
c.      This provision applies to all courses (excluding online courses) in which the student enrolls, including courses that the student elects to repeat under Section III., C., 2, below, unless the student specifically declines the service for a particular class.
2.                  By June 1, 2005, the college will make an offer in writing to the student allowing her to repeat any courses in which she was enrolled during the winter quarter of 2005 and will allow thirty days for the student to accept or reject the offer. If the student accepts the college's offer, the college will carry out the provisions of III.C., at the earliest opportunity consistent with the college's established schedule of course offerings for the classes the student elects to repeat, but not later than the completion of the 2005-2006 academic year or the very next quarter that a course in which the student was enrolled during winter quarter of 2005 is offered, if the course is not offered during the 2005-2006 academic year.
3.                  Upon completion by the student of a course that the student has elected to repeat, the college will amend the student's transcript to reflect the final grade received by the student for that course; the college will also amend the student's transcript to ensure that any grade earned previously is not reflected.
4.                  If the student elects to repeat a course in which she was enrolled during the winter quarter of 2005, the college agrees to waive or otherwise credit tuition and fees for the student for any such course and agrees to compensate the student for reasonable non-tuition expenses incurred by virtue of having to repeat any courses from the winter of 2005. Such expenses include transportation and parking costs, instructional supplies, and any additional textbooks, etc. The college may request that the student provide the college with receipts or other documentation of her additional course- or attendance-related expenses.
5.                  The college also agrees to compensate the student for reasonable non-tuition expenses incurred by having to attend the college for one additional quarter beyond spring quarter of 2006 in order to complete her paralegal program. This provision applies only if the student elects to repeat a course in which she was enrolled in the winter quarter of 2005 and only if such additional attendance is made necessary by the program's established sequence of courses. In no event will the college be responsible for any such expenses exceeding $100.
6.                  By June 1, 2005, the college president will write a letter to the student outlining the college's obligations under the terms of this agreement and emphasizing the college's commitment to fully implement those terms.

IV. REPORTING PROVISIONS
A. By October 15, 2005, the college will notify OCR that the policies and procedures and publications described in section III.A. and B, 1., have been revised consistent with sections III.A. and B.1, of the agreement, and are ready for distribution. The college will provide a copy of the revisions to any policies, procedures and publications to OCR prior to distribution. By the same date the college will provide written information regarding how and to whom the information is to be distributed.

2. written confirmation that the college has implemented the auxiliary aids described in section III, C., 1;

3. written confirmation that the college's offer allowing the student to retake her winter quarter 2005 courses was provided to the student and stating whether the student has accepted the offer, as described in section III, C, 2;

4. if the student has accepted the college's offer, confirmation in writing that it has implemented the provisions above relating to allowing the student to retake her courses, document the auxiliary aids that are to be provided to the student for such courses, and document the college's plan regarding waiver of tuition or other financial arrangements made by the college with regard to tuition and fees.

C. Within 30 days of the student's request, the college will provide a copy of the student's claim(s) for reimbursement and written documentation of the college's payment(s) to the student.

D. By March 31, 2006, the college notify OCR that it has completed its review any college materials and publications referred to in III, B., 2, and will confirm these scheduled publications include any changes to, or are consistent with, the college's policies and procedures referred to in section III, A., above.

E. By July 1, 2006, the college will confirm in writing to OCR that the provisions relating to the student have been completed, or state the reasons why they have not been completed.

_____________________________ __________________
Ivan Gorne Date
Vice President for Student Services
Highline Community College

_____________________________ __________________
Gary D. Jackson Date
Regional Civil Rights Director

This agreement approved as to form (signature waived):
Derek Edwards
Assistant Attorney General

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