Youngstown State University

Resolution Agreement

OCR Compliance Review #15-13-6002

In order to resolve Case Number 15-13-6002, Youngstown State University (the University) 

assures the U.S. Department of Education, Office for Civil Rights (OCR), that it will take the 

actions detailed below pursuant to the requirements of Section 504 of the Rehabilitation Act of 

1973 (Section 504), 29 U.S.C. § 794, and its implementing regulation at 34 C.F.R. Part 104, and 

Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C. § 12131 et seq., and 

its implementing regulation at 28 C.F.R. Part 35.

A. Section 504/Title II Coordinator(s) and Notice of Nondiscrimination

By January 15, 2015, the University will adopt and publish a notice of nondiscrimination, 

consistent with the requirements of the regulations implementing Section 504, at 34 C.F.R. § 

104.8, and Title II, at 28 C.F.R. § 35.106, which will notify students, applicants, employees, 

and other relevant persons that it does not discriminate on the basis of disability in admission 

or access to, or treatment or employment in, its programs or activities. The notice will 

include the name and/or position/title, office address, telephone number, and electronic mail 

(email) address of the person designated to ensure the University’s compliance with Section 

504 and Title II. The notice will also state that the University does not discriminate on the 

basis of disability. The notice will be included in any recruitment materials or other 

publications containing general information that the University publishes and makes 

available to students, employees, applicants or others in written form or through the 

University’s website. In addition, the notice will be in a readily available position(s) on the 

University’s website, and accessible to those with impaired vision.

The University may comply with this action item by using the language set out in OCR's 

August 2010 publication, "Notice of Nondiscrimination." See

http://www2.ed.gov/about/offices/list/ocr/docs/nondisc.html.

The notice may be combined with other required notices concerning non-discrimination 

based on sex, race, national origin, color, and age as described in that publication.

REPORTING REQUIREMENTS:

 By November 30, 2014, the University will submit to OCR for review and approval a 

draft notice of nondiscrimination consistent with Action Item A above. OCR will 

respond within 15 calendar days.

 By January 15, 2015, the University will publish the notice within the “footer” of the 

University web pages and on the web page of the Office of Human Resources, the Office 

of Admissions, the Center for Student Progress/Disability Services, the Office of Equal 

Opportunity and Policy Compliance, and the Office of Student Life. The notice will be 

included in the next regularly scheduled reprinting of published materials from these 

offices/units.in any recruitment materials or other publications containing general 
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information that the University publishes and makes available to students, employees, 

applicants or others in written form or through the University’s website. Until the next 

date of regularly scheduled reprinting of published materials, inserts may be used to 

provide the required notice. In such a case, the University will also initially notify 

students, employees, and other relevant persons of the notice of nondiscrimination 

through other effective means, which might include mail, email, or other a similar form 

of notice. The University will submit documentation verifying publication and the initial 

notification (if applicable). 

B. Website Accessibility

Definition of “Accessible”: “Accessible” means a person with a disability is afforded the 

opportunity to acquire the same information, engage in the same interactions, and enjoy the 

same services as a person without a disability in an equally effective and equally integrated 

manner, with substantially equivalent ease of use. A person with a disability must be able to 

obtain the information as fully, equally, and independently as a person without a disability. 

Although this might not result in identical ease of use compared to that of persons without 

disabilities, it still must ensure equal opportunity to the educational benefits and 

opportunities afforded by the technology and equal treatment in the use of such technology. 

1. By February 15, 2015, the University will draft and submit to OCR for review and 

approval a policy to ensure information provided through the University’s website(s), 

online learning (or “e-learning”) environment, and course management systems (e.g. 

Blackboard) (collectively, “electronic and information technologies” or “EIT”) are 

accessible to students, prospective students, employees, guests, and visitors with 

disabilities, particularly those with visual, hearing, or manual impairments or who 

otherwise require the use of assistive technology to access information provided through 

its EIT (EIT Accessibility Policy). The EIT Accessibility Policy will, at minimum, 

accomplish the following:

a. identify and adopt the specific technical standard(s) the University will use to 

determine whether the EIT are accessible (e.g., Section 508 of the Rehabilitation 

Act (Section 508), 29 U.S.C. § 794d, W3C’s Web Content Accessibility 

Guidelines (WCAG), or other standard or combination of standards that will 

render EIT accessible);1

b. designate at least one individual (EIT Accessibility Coordinator) and provide that 

individual with sufficient resources and authority to coordinate and implement the 

EIT Accessibility Policy, the implementation and remediation plan described 

below, and all other commitments relating to accessibility within this Agreement; 

and

 

1

This Agreement does not imply that conformity with Section 508, WCAG, and/or other electronic and information 

technology standard is either required or sufficient to comply with the requirements of either Section 504 or Title II. 

The technical standard(s) serve only as guidance with respect to whether the EIT is accessible.
Page - 3 Youngstown State University, #15-13-6002 – Resolution Agreement

c. inform students, prospective students, employees, guests, and visitors that they 

may report violations of the technical standard(s) used by the University, file a 

formal complaint through its Section 504 and Title II grievance procedure, and/or 

contact the EIT Accessibility Coordinator with any accessibility concerns. The 

EIT Accessibility Policy will include the name and/or title, office address and 

telephone number, and email address of the EIT Accessibility Coordinator. 

REPORTING REQUIREMENT: By February 15, 2015, the University will draft and submit 

to OCR for review and approval the EIT Accessibility Policy drafted consistent with Action Item 

B(1) of the Agreement. OCR will respond and approve by March 31, 2015.

 

2. By May 31, 2015, the University will draft and submit to OCR for review and approval 

an implementation and remediation plan (EIT Plan) to ensure adherence with its EIT 

Accessibility Policy. The EIT Plan will, at minimum, provide for:

a. an accessibility audit (EIT Audit) to be completed at regular intervals under the 

direction of the EIT Accessibility Coordinator, during which information 

provided by the University through its electronic and information technologies is 

measured against the technical standard(s) adopted in the EIT Accessibility 

Policy. All problems identified through the EIT Audit will be documented, 

evaluated, and, if necessary, remediated within a reasonable period of time;

b. a procedure to ensure that EIT and information obtained through EIT provided or 

developed by third parties is accessible. This procedure should direct 

administrators and staff to ensure that any University acquisition or use of EIT 

and third-party websites, services, or products will provide equal opportunity to 

the educational benefits and opportunities afforded by the technology and equal 

treatment in the use of such technology; and

c. annual training for any staff (e.g. administrators, faculty, support staff, student 

employees) responsible for creating or distributing information with EIT to 

students, employees, guests, and visitors with disabilities; including, but not 

limited to, training on the EIT Accessibility Policy, the EIT Plan, and their roles 

and responsibilities to ensure that web design, documents, and multimedia content 

are accessible. The training will be facilitated, in whole or in part, by an 

individual with sufficient knowledge, skill, and experience to understand and 

employ the technical standard(s) adopted by the University.

REPORTING REQUIREMENT: By May 31, 2015, the University will provide for OCR 

review and approval the EIT Plan drafted under Action Item B(2) of the Agreement. OCR will 

respond and approve by July 31, 2015. 

3. The University will:

a. post the EIT Accessibility Policy by May 31, 2015 and EIT Plan by September 

30, 2015 in a logical and readily identifiable location on its website and will 
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provide notification of both to students, prospective students, employees, guests, 

and visitors. The notification will occur by written correspondence, e-mail, 

and/or website notification and will further provide information of where the EIT 

Accessibility Policy and EIT Plan are located on the University’s website and, 

alternatively, where individuals may request or obtain a copy of such documents; 

and

b. develop and conduct training on how to ensure accessibility in web design and 

implementation. The training will be provided by qualified personnel to all staff 

involved in web design and implementation, including professors and other 

instructors who develop content for on-line instruction and/or post material on 

course management page(s)/portal(s). The training will include, at a minimum, 

training on the EIT Accessibility Policy, the EIT Plan, and the roles and 

responsibilities of University staff to ensure that web design, documents, course 

content, and multimedia videos or content are accessible.

REPORTING REQUIREMENT: By October 31, 2015, the University will provide 

documentation to OCR verifying its implementation of Action Item B(3) of the Agreement, 

including a copy of the notification(s) and the URL (web address[es]) for the location of its 

EIT Accessibility Policy and EIT Plan; the name(s) and credentials of the individual(s) who 

conducted the training; a list of individuals, by name and title, who attended the training; and 

a copy of any training materials (e.g., pamphlets, presentation materials).

4. By November 30, 2015 the University will complete an initial EIT Audit to examine 

whether information provided through EIT is currently accessible, considering any 

compliance concerns identified through the above-referenced review process and its own 

evaluation measured against the technical standard(s) adopted by the EIT Accessibility 

Policy. The EIT Audit will include a directive to University staff to review their assigned 

web courses and course management page(s)/portal(s) (e.g. Blackboard) for accessibility, 

including guidelines for the review, resources available to staff for assistance and 

answers to questions regarding accessibility, a reporting mechanism to identify concerns 

and revisions, and a timeline by which necessary revisions must be completed. The 

University will document the results of the EIT Audit and develop a corrective action 

strategy based on the audit findings that includes relevant timeframes for completion. 

REPORTING REQUIREMENT: By November 30, 2015, the University will provide 

documentation to OCR verifying its implementation of Action Item B(4) of the Agreement, 

including a copy of its EIT Audit report and corrective action strategy.

5. By December 30, 2015, the University will make its EIT accessible to individuals with 

disabilities, particularly students with visual, hearing, or manual impairments or who 

otherwise require the use of assistive technology to access the EIT. Should the 

University choose to provide the information and services in some manner different from 

that used to provide information and services to others, the method chosen must permit 

students with disabilities to receive all the educational benefits provided by the 
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technology in an equally effective and equally integrated manner, with substantially 

equivalent ease of use.

REPORTING REQUIREMENTS:

 By December 30, 2015, the University will provide documentation to OCR verifying 

its implementation of Action Item B(5) of the Agreement, including certification to 

OCR that its EIT meets the technical requirements adopted in the EIT Accessibility 

Policy. The certification may be obtained from a third-party web accessibility 

consultant or an employee of the University with sufficient knowledge, skill, and 

experience to understand and employ the technical standard(s) adopted by the 

University. The University will also provide to OCR the bases for this certification. 

 By the July 30, 2016, and July 30, 2017, the University will provide a report to OCR 

describing its efforts for the 2015-2016 and 2016-2017 academic years, respectively, 

to comply with its EIT Accessibility Policy and EIT Plan, including information 

documenting any compliance issues discovered through the monitoring, audits, or 

complaints and the actions taken to correct those issues. 

C. Computer Lab Access

The University will ensure that persons with disabilities can access University computer labs 

with appropriate assistive technology software at locations comparable to those available to 

persons without disabilities. By December 15, 2014, the University will draft and submit to 

OCR for review and approval a notice to be provided to students, employees, and other 

beneficiaries authorized to utilize University computer labs, that appropriate assistive 

technology software will be available at computer lab locations. This notice will be provided 

through a readily accessible page on the University’s website and through other effective 

means, such as e-mail notification and/or modification of printed policies for disability 

access and computer lab use. Inserts may be used for any printed materials until reprinted. 

REPORTING REQUIREMENTS:

 By December 15, 2014, the University will provide to OCR for review and approval 

the notice required by Action Item C(2) of the Agreement. OCR will respond within 

15 calendar days.

 Within 30 days of OCR’s approval of the notice, the University will provide 

documentation demonstrating that the notice has been distributed consistent with 

Action Item C(2) of the Agreement; including a copy of the notice and the URL (web 

address[es]) for the location of the notice.

GENERAL REQUIREMENTS:

The University understands that OCR will not close the monitoring of this Agreement until OCR 

determines that the University has fulfilled the terms of this Agreement and is in compliance 
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with Section 504 and its implementing regulation at 34 C.F.R. §§ 104.4, 104.8, and 104.43, and

Title II and its implementing regulation at 28 C.F.R. §§ 35.106, 35.130 and 35.160, which were 

at issue in this compliance review. The University understands that by signing this Agreement, it 

agrees to provide data and other information in a timely manner. Further, the University 

understands that during the monitoring of this Agreement, OCR may visit the University, 

interview staff and students, and request such additional reports or data as are necessary for OCR 

to determine whether the University has fulfilled the terms of this Agreement and is in 

compliance with Section 504 and its implementing regulation at 34 C.F.R. §§ 104.4, 104.8, and 

104.43, and Title II and its implementing regulation at 28 C.F.R. §§ 35.106, 35.130 and 35.160, 

which were at issue in this compliance review. The University understands and acknowledges 

that OCR may initiate administrative enforcement or judicial proceedings to enforce the specific 

terms and obligations of this Agreement. Before initiating administrative enforcement (34 

C.F.R. §§ 100.9, 100.10) or judicial proceedings to enforce this Agreement, OCR shall give the 

University written notice of the alleged breach and a minimum of sixty (60) calendar days to 

cure the alleged breach.

____/s/ James P. Tressel______________ _________11/25/14_____________________

President of Youngstown State University Date