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BY ELENA CHOPYAK

In print | November 29, 2007

An out-of-court settlement between the college and the Justice Department comes after an evaluation of the college found that some facilities and amenities do not meet the Americans with Disabilities Act accessibility criteria.

Swarthmore College is one of three higher education institutions to have been audited by the Department of Justice after an evaluation of the college’s accordance with the ADA.

From a random survey of the college beginning in April 2006, the Department of Justice determined that some doorknobs, restrooms, signs and walkways, among other campus facilities, do not comply with the ADA’s requirements.

The University of Chicago and Colorado College were the other two colleges randomly selected for evaluation by the Department of Justice.

Additionally, Duke University and the University of Michigan were among the first schools to be audited for non-compliance with ADA standards. In 1991, the ADA created a set of standards for building requirements and support services, codified in civil rights law, to guarantee equal access for persons with disabilities.

Associate Vice President of Facilities and Services Stu Hain stated that after 1992 every new construction or renovation on college property was designed to comply with ADA requirements. Some of buildings that were renovated during this time include Kolhberg, Trotter and North Campus pathways.

The construction of LPAC, however, was completed in 1991, and is one of the buildings whose structural features do not meet the ADA standards.

Hain also cited Worth and Wharton dorms as examples of college buildings which are clearly not in compliance.

Last week, the college signed a settlement statement, in which “there is no civil penalty clause at all,” Hain said.

According to a press release issued by the Department of Justice, the settlement states that the college “has agreed to prepare a plan to make alterations to its facilities within six years and relocate services and programs to accessible facilities with prior notice.”

Although the college will not face a monetary penalty, the Department of Justice has asked the college to survey existing facilities, evaluate the college’s adherence to ADA requirements and develop a plan to be executed over the next six years.

“We’ve spent money every year to mitigate the issues … We have two million dollars of work planned for this summer,” Hain said. The Department of Justice, however, does not provide funding for implementing structural improvements.

Hain also said that the college will be removing barriers and problematic features from the older buildings. Between now and October 2008, the college will be evaluating the campus and making some changes.

According to Hain, the toilets in the Lang Performing Arts Center will be more accessible, as will the path to Bond Hall.

Three percent of dorm toilets must be accessible to people with disabilities, and currently Alice Paul and David Kemp Hall are the only two dorms that nearly meet these requirements.

In addition to changing structural features, the college will be ensuring the presence of appropriate assisted listening devices, signs and directions for navigating the college’s Web site.

Former LPAC managing director Susan Smythe is responsible for managing the execution of the changes and ensuring the fulfillment of the settlement agreement. According to Smythe, the college has hired an outside consultant to conduct the evaluation and solution-finding processes. “I think it’s important to note that Swarthmore does not have a pattern of not wanting to comply with ADA. We’ve been quite proactive prior to involvement with the [Department of Justice] in trying to make a campus of largely older buildings and a lot of landscape more compliant,” Smythe said in an e-mail, regarding the college’s handling of the settlement with the Justice Department.

“In trying to follow the settlement agreement, one thing that will be important is trying to follow the restraints of the DOJ and ADA without losing site of the mission of Swarthmore College, and what we are trying to achieve educationally. I think it will take a lot of creative thought to carry out the assigned scope in the time allotted and in a way that’s sensitive to the needs of the college as a whole,” Smythe said.

The Department of Justice’s press release contained a statement from Acting Assistant Attorney General for the Civil Rights Division Rena J. Comisac, praising the college’s efforts.

“We are pleased that Swarthmore is taking steps to make its facilities and programs more accessible to persons with disabilities and commend Swarthmore for its spirit of cooperation in working with the Department,” Comisac said.

The settlement is not at all punitive, and is “a friendly negotiation between the college and the Department of Justice,” Hain said. “I believe this will make [the college] a better place.”

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