Higher Ed Accessibility Lawsuits, Complaints, and Settlements

Higher educational institutions face liability for inaccessible web content and technologies.

Atlantic Cape Community College (ACCC)

Atlantic Cape Community College Consent Decree (PDF)
National Federation of the Blind and Two Blind Students Resolve Complaint Against Atlantic Cape Community College - National Federation of the Blind (via the Internet Archive Wayback Machine)
ACCC Press Release (PDF) - Dan Goldstein and Trevor Coe (via the Internet Archive Wayback Machine)
Blind Students' Lawsuit Leads to Big Changes at N.J. County College - Kelly Heyboer

Arizona State University

Arizona State Settlement Agreement - A.D.A.
Advocates for the Blind Sue Arizona State U. Over Kindle Use - Marc Beja
Colleges Lock Out Blind Students Online - Marc Parry
Lawsuit Over Kindle Navigation by Visually Impaired Settled - Jacqui Cheng

BarBri

BarBri Complaint (PDF)
Blind Students Sue BarBri, Demand Equal Access to Bar Prep Services - Washington Lawyers' Committee (via the Internet Archive Wayback Machine)
Blind Law Students File Suit Against Dallas Bar Exam Prep Company - Natalie Posgate

California Community Colleges State Audit

California Community Colleges State Audit (PDF)

Capella University/WebCT (La Marca v. Capella University)

Capella U. Settles Lawsuit Against Former Student - Brock Read
Lawsuit Charges Online University Does Not Accommodate Learning-Disabled Students - Dan Carnevale
Web CT Criticisms - Wikipedia

Case Western Reserve University

Complaint Filed Against Case Western Reserve University - Reading Rights (via the Internet Archive Wayback Machine)
Case Western Reserve University Letter of Resolution - U.S. Department of Justice Civil Rights Division
"Dear Colleague" Letter - Departments of Justice and Education (applies to all of the Kindle cases)

Colgate University

Colgate University Class Action Claims Website Not Accessible To Blind, Visually Impaired - Abraham Jewett

Duke

Complaint and Jury Trial Demand Against Duke University (PDF) - Mary Fernandez and the National Federation of the Blind.
National Federation of the Blind Sues Duke University - National Federation of the Blind.

Finlandia University

Letter of Disposition to Rev. Dr. Philip Johnson President Finlandia University (PDF) - Office for Civil Rights
Resolution Agreement Finlandia University (PDF) - Office for Civil Rights

Florida State University

$150,000 Settlement Reached in Blind Florida State Students’ E-Learning Suit - Marc Parry
Blind Florida State U. Students Sue Over E-Learning Systems - Jie Jenny Zou
Blind Students Sue Florida State University over Inaccessible Math Courses - Steve Noble (via the Internet Archive Wayback Machine)
Florida State University Resolves Litigation with Students - National Federation of the Blind (via the Internet Archive Wayback Machine)
Justice Department Reaches Settlement with Florida State University - Department of Justice
Settlement Agreement Between The United States Of America And Florida State University Dj No. 205-17-13 - ADA

Fordham University

Fordham University Named in Class Action Lawsuit by Blind Individuals, Alleging Fordham.edu Website is Inaccessible - Steven E. Helland

George Washington University

GW Meets Department Of Education's Standards For Website Accessibility - Michelle Vassilev

Harvard

Harvard University Class Action Claims Website Inaccessible to Visually Impaired, Blind - Jessy Edwards
Harvard Consent Decree (PDF) - Katherine A. Robertson, U.S. Magistrate Judge
National Association of the Deaf Announces Landmark Settlement With Harvard To Improve Online Accessibility - National Association of the Deaf
National Association of the Deaf Announces Landmark Settlement with Harvard to Improve Online Accessibility - Amy F. Robertson
Settlement Reached In Deaf Group's Website Accessibility Suit Against Harvard (Subscription Required) - Lexis Legal News- Mealey's.
Complaint Against Harvard (PDF) (via the Internet Archive Wayback Machine)
- Report and Recommendation Denying MIT’s Motion to Dismiss/Stay (PDF)
Deaf Advocates Sue Harvard, MIT For Better Webcast Captions - Kurt Orzeck
Harvard & MIT Sued Over Lack of Captions - Tim Lohman
- Harvard and MIT Face Lawsuit for Lack of Online Captioning - Dian Schaffhauser
Harvard and M.I.T. Are Sued Over Failing to Caption Online Courses - Tamar Lewin
Harvard Changes Its Caption System to Settle Deaf Association's Suit - IBL News
Harvard Ramping Up Captioning Efforts with NAD Settlement - Dian Schaffhauser
Harvard to Caption Online Video Content Following Lawsuit Settlement - Lucy Liu
Harvard Web Captioning Settlement (via the Internet Archive Wayback Machine)
Harvard University, The Latest Higher Education Institution To Be Mandated To Provide Video Closed Captioning - Sarah Kim
Memorandum And Order Regarding Defendants' Motion For Judgment on the Pleadings (PDF), March 28, 2019
NAD Lawsuit Against Harvard and MIT Moves Forward, Obligation to Ensure Equal Treatment Applies in Emerging Technologies - Jean Peterson
NAD Sues Harvard and MIT for Discrimination in Public Online Content - National Association of the Deaf (via the Internet Archive Wayback Machine)
Overview of NAD v. Harvard and NAD v. MIT Lawsuits - Jaclyn Leduc
Settlement Reached in Suit Over Video Captioning at Harvard University - Collin Binkley
Statement of Interest of the United States of America (PDF) - Department of Justice
United States Reaches Settlement with Provider of Massive Open Online Courses to Make its Content Accessible to the Disabled - Department of Justice
- edX to Improve Access to MOOCs for People With Disabilities (CHE) - Casey Fabris (via the Internet Archive Wayback Machine)
- EdX Settles Inaccessible Online Courses Case - Tim Lohman (via the Internet Archive Wayback Machine)
- edX Settlement Agreement (PDF)

Law School Admissions Council (LSAC)

Law School Admission Council Settlement Agreement
Blind Students Sue Over Online Law School Applications - Adrian Roselli
Blind Students Sue Law Schools Over Online Applications - Sophia Li
LSAC Agrees To Pay Over $9 Million To Settle Lawsuit Over Testing Accommodations And Commits To Substantial Injunctive Relief - Seyfarth Shaw
LSAC Inaccessible Web Lawsuit - Cynthia Waddell

Los Angeles Community College District (LCCD)

National Federation of the Blind and Two Blind Students File Suit Against Los Angeles Community College District - The National Federation of the Blind (via the Internet Archive Wayback Machine)
- Findings of Fact and Conclusions of Law (via .leagle.com) - United States District Court, C.D. California
- Findings of Fact and Conclusions of Law (via .docketbird.com) - United States District Court, C.D. California
- Federal Court Rules in Favor of Blind Students - National Federation of the Blind (via the Internet Archive Wayback Machine)
- Permanent Induction and Final Judgement (untagged PDF)
Roy Payan, Portia Mason, the National Federation of The Blind, Inc., and the National Federation of The Blind Of California, Inc., Plaintiffs, versus Los Angeles Community College District, Defendant - United States District Court, C.D. California
OSD Student Leverages ADA Lawsuit Win To Demand Change - Joshua Letona

Louisiana Tech University

Justice Department Settles with Louisiana Tech University Over Inaccessible Course Materials - Department of Justice
Louisiana Tech U. Settles With U.S. Over Claims That It Violated Disabilities Act - Nick DeSantis
Louisiana Tech University Concerning Inaccessible Course Materials - Ahead.org (via the Internet Archive Wayback Machine)
Settlement Agreement Between The United States Of America, Louisiana Tech University, And The Board Of Supervisors For The University Of Louisiana System Under The Americans With Disabilities Act DJ #204-33-116 - ADA

Massachusetts Institute of Technology (MIT)

Landmark Agreements Establish New Model For Online Accessibility in Higher Education And Business - National Association of the Deaf
MIT to Caption Online Videos after Discrimination Lawsuit - Alanna Durkin Richer
Statement of Interest of the United States of America in MIT Case (PDF) - Department of Justice
Complaint Against MIT (PDF) (via the Internet Archive Wayback Machine)
- Report and Recommendation Denying MIT’s Motion to Dismiss/Stay (PDF)
Deaf Advocates Sue Harvard, MIT For Better Webcast Captions - Kurt Orzeck
Harvard & MIT Sued over Lack of Captions - Tim Lohman
Harvard and MIT Face Lawsuit for Lack of Online Captioning - Dian Schaffhauser
Harvard and M.I.T. Are Sued Over Failing to Caption Online Courses - Tamar Lewin
NAD Lawsuit Against Harvard and MIT Moves Forward, Obligation to Ensure Equal Treatment Applies in Emerging Technologies - Jean Peterson
NAD Sues Harvard and MIT for Discrimination in Public Online Content - National Association of the Deaf (via the Internet Archive Wayback Machine)
Overview of NAD v. Harvard and NAD v. MIT Lawsuits - Jaclyn Leduc
United States Reaches Settlement with Provider of Massive Open Online Courses to Make its Content Accessible to the Disabled - Department of Justice
- edX to Improve Access to MOOCs for People With Disabilities (CHE) - Casey Fabris (via the Internet Archive Wayback Machine)
- edX Settlement Agreement (PDF

McNeese State University

McNeese State University Settlement Agreement

Mesa Community College and Maricopa

Mesa Community College and Maricopa Community Lawsuit (PDF)

Miami University (Ohio)

Miami University et al. Consent Decree (PDF) - Department of Justice
Miami University Agrees to Overhaul Critical Technologies to Settle Disability Discrimination Lawsuit - Department of Justice
ADA Lawsuit Settlement Compels Miami University to Make Digital Content Accessible - Emily Griffin
Blind Student Settles Suit Against Miami University - Associated Press
Complaint Against Miami U (PDF) - Department of Justice
Motion to Intervene: Miami U (PDF) - Department of Justice
Blind Student Files Discrimination Suit Against Miami University - National Federation of the Blind (via the Internet Archive Wayback Machine)
Blind Student Sues Miami University over Alleged Discrimination - Maxim Alter (via the Internet Archive Wayback Machine)
Complaint: Aleeha Dudley Plaintiff Miami University, And Dr. David C. Hodge, in his official capacity as President of Miami University, Defendant (PDF) - National Federation of the Blind
Justice Department Moves to Intervene in Disability Discrimination Lawsuit Alleging that Miami University Uses Inaccessible Educational Technologies and Course Materials - Department of Justice
Miami University Reaches Justice Department Consent Decree to Improve Technology Access for Students with Disabilities - Karen Farkas

Mt Hood Community College

Mt. Hood Community College Investigation (PDF) - Office for Civil Rights (OCR)
Mt Hood Community College Settlement Agreement (PDF) - OCR

New York University

Letter of Complaint to New York University (PDF) - National Federation of the Blind (via the Internet Archive Wayback Machine)
Adoption of Google Apps Program Discriminates Against the Blind - National Federation of the Blind of Greater Louisville
As Schools Shift to Google Apps, Blind Students Object - Mark Jaycox
Colleges Discriminate Against the Blind With Google Apps, Advocates Say - Marc Parry
Exclusion of Google Docs Avoids ADA Challenges - Columbia Spectator

North Carolina State University

Northwestern University

Letter of Complaint to Northwestern University (PDF) - National Federation of the Blind (via the Internet Archive Wayback Machine)
Adoption of Google Apps Program Discriminates Against the Blind - National Federation of the Blind of Greater Louisville
As Schools Shift to Google Apps, Blind Students Object - Mark Jaycox
Colleges Discriminate Against the Blind With Google Apps, Advocates Say - Marc Parry
Exclusion of Google Docs Avoids ADA Challenges - Columbia Spectator
Google Apps Inaccessible To Blind Students (via the Internet Archive Wayback Machine)

Ohio State

Ohio State University Consent Decree (PDF) - United States District Court, Southern District of Ohio
Deaf Sports Fan Files Complaint against Ohio State University - National Association of the Deaf (via the Internet Archive Wayback Machine)
Deaf Fan Sues Ohio State University - Lawyers.com (via the Internet Archive Wayback Machine)
Score for Accessibility: OSU to Provide In-Stadium Captions - National Association of the Deaf (via the Internet Archive Wayback Machine)

Pace University

Pace University Complaint - Reading Rights (via the Internet Archive Wayback Machine)
- Declaration of Christine Grassman (PDF) (via the Internet Archive Wayback Machine)
Pace University Letter of Resolution - U.S. Department of Justice Civil Rights Division
"Dear Colleague" Letter - Departments of Justice and Education (applies to all of the Kindle cases)

Princeton University

Princeton University Letter of Resolution - U.S. Department of Justice, Civil Rights Division
Princeton University Complaint - Reading Rights (via the Internet Archive Wayback Machine)
"Dear Colleague" Letter - Departments of Justice and Education (applies to all of the Kindle cases)

Penn State University

National Federation of the Blind Files Complaint Against Penn State - National Federation of the Blind (via the Internet Archive Wayback Machine)
Compliant Filed Against Penn State Regarding Web Accessibility - Michael Fiend
Penn State Accused of Discriminating Against Blind Students - Marc Parry, The Chronicle of Higher Education
Settlement Between Penn State University and National Federation of the Blind - Pennsylvania State University

Reed College

Reed College Complaint - Reading Rights (via the Internet Archive Wayback Machine)
Reed College Letter of Resolution
"Dear Colleague" Letter - Departments of Justice and Education (applies to all of the Kindle cases)

Syracuse University

Lawsuit Alleges SU's Website Fails to Meet Federal Accessibility Standards - Michael Sessa

Siskiyou Joint Community College District

South Carolina Technical College System

Civil Rights Agreement Reached with South Carolina Technical College System on Accessibility of Websites to People with Disabilities
Dear Colleague Letter - Department of Justice, Office of Civil Rights
Joint "Dear Colleague" Letter: Electronic Book Readers - Department of Justice and U. S. Department of Education
Compliance Review South Carolina Technical College System - U. S. Department of Education
Resolution Agreement South Carolina Technical College System OCR Compliance Review No. 11 - 11 - 6002 (PDF) - U. S. Department of Education

Teachers Test Prep (TTP)

Settlement Agreement Between The United States of America and Teachers Test Prep Under the Americans With Disabilities Act - U. S. Department of Justice
Justice Department Reaches Agreement with Teachers Test Prep to Ensure Equal Access for Individuals with Disabilities (Press Release) - U. S. Department of Justice

University of California Berkeley

Justice Department Secures Agreement with University of California, Berkeley to Make Online Content Accessible to People with Disabilities
- UCB Complaint (PDF)
- UCB Consent Decree (PDF)
University of California at Berkeley Letter of Findings (PDF) - Department of Justice
- A Statement on Online Course Content and Accessibility - Public Affairs, UC Berkeley
- Berkeley Will Delete Online Content - Carl Straumsheim
- Campus announces restriction of public access to educational content - Revati Thatte
- Some Tough Love: Stop the Excuses, Already - Karl Groves
- University May Remove Online Content to Avoid Disability Law - Scott Jaschik
- Faculty Response to DOJ Online Access Response - The Faculty Coalition for Disability Rights at UC Berkeley
- DOJ vs. UC Berkeley: Forcing Online Content to Be Accessible - Tanya Roscorla
- UC Berkeley Decision Results in Universal Inaccessibility - Cyndi Rowland
- UC Berkley To Remove More Than 20,000 Online Videos From Public Access In Response To DOJ Captioning Demand - Minh Vu
Landmark Agreement Big Step Forward for Students with Print Disabilities - Disability Rights Advocates
UC Berkeley Settlement Sets Precedent - Mark Miller

University of Cincinnati

University of Colorado

Digital accessibility initiative update: Department of Justice inquiry closed - University of Colorado
DOJ letter closing its investigation of the University of Colorado at Boulder (PDF) (via the Internet Archive Wayback Machine)
CU-Boulder Student Seeks Accessibility Through Federal Complaint - Sarah Kuta (via the Internet Archive Wayback Machine)
DOJ letter to CU-Boulder - Matt Sebastian
DOJ letter of investigation (PDF) - Ahead (via the Internet Archive Wayback Machine)
Chancellor's Corner: Improving our Digital Technology Accessibility - University of Colorado
Moving Ahead on ADA Technology Issues - University of Colorado
Jones appointed Chief Digital Accessibility Officer - University of Colorado
Timeline - University of Colorado (via the Internet Archive Wayback Machine)

University of Kentucky

University of Kentucky Complaint (PDF) (via the Internet Archive Wayback Machine)
University of Kentucky Settlement (AP Story)
University of KY Settles Suit for Captioning of Football Games - Brett Barrouquere (via the Internet Archive Wayback Machine)

University of Louisville

University of Louisville Being Investigated for Possible Disability Discrimination - Morgan Watkins

University of Maryland

Questionable Captions - Allie Grasgreen
National Association of the Deaf (NAD) Complaint against the University of Maryland College Park Athletics Programs (via the Internet Archive Wayback Machine)
Caption lawsuit expands, plaintiffs file two additional complaints - "Along with failing to provide captioning for announcer’s comments on scoreboards and Jumbotrons, the university lacks captioning on media published on the athletic department’s website" - Annika McGinnis (via the Internet Archive Wayback Machine)
University of Maryland Agrees to Continue Efforts to Improve Experience for Fans Who Are Deaf or Hard of Hearing (PDF) - Brown, Goldstein & Levy (via the Internet Archive Wayback Machine)

University of Montana

Agreement Requires UM to Improve Accessibility - Montana Kaimin
Disabled UM Students File Complaint Over Inaccessible Online Courses - Keula Spaller
University of Montana Reaches Agreement to Develop New Accessible Technology Policies - Global Accessibility News
UM Agreement to Improve Services to Students With Disabilities - University of Montana
UM Reaches Agreement to Develop New Accessibility Policies, Disability Training - The Missoulian
University of Montana Resolution Agreement (PDF) - U.S. Department of Education, Office for Civil Rights (OCR)

University of Oregon

University of Oregon Complaint - Office for Civil Rights (OCR)
U.S. Department of Education Investigating UO for Possible Violations of Disability Discrimination Laws
- Ryan Nguyen

University of Phoenix

West Valley Mission Community College

West Valley College Settlement Agreement (PDF, redacted)
Innovation & Accessibility at West Valley College - TRE Legal Practice

University of Virginia, Darden School of Business

University of Virginia's Darden School of Business Letter of Resolution (PDF) - Office for Civil Rights
Disposition of OCR Complaint No. 11- 09- 2094 (PDF) - Office for Civil Rights
Darden School of Business Complaint - Reading Rights (via the Internet Archive Wayback Machine)
"Dear Colleague" Letter - Departments of Justice and Education (applies to all of the Kindle cases)

Youngstown State University

Youngstown State University Gets Schooled by DOE for Non-Compliant Website - Bureau of Internet Accessibility
Youngstown State University Settles Federal Complaint Over Accessibility of Website for People with Disabilities - U.S. Department of Education
Youngstown State University Resolution Letter (PDF) - U.S. Department of Education
Youngstown State University Resolution Agreement (PDF) - U.S. Department of Education

Related References

IT Accessibility Risk Statements and Evidence (By Topic) - Laura Carlson
IT Accessibility Risk Statements and Evidence (PDF) - EDUCAUSE Publication
Legal Settlement Agreements that Reference WCAG - Laura Carlson
Accessibility, Accreditation and the Evolution of Digital Technologies - Heather Mariger
ADA Compliance Is a 'Major Vulnerability' for Online Programs - Marc Parry
Joint "Dear Colleague" Letter (Electronic Book Readers) - Office of Civil Rights
Legal Cases by Issue - University of Washington
Legal Costs Can be Big to Defend Inaccessible Web Content in Postsecondary Education - Linda Goetze
Legal News - Access Technology Higher Education Network (ATHEN)
Recent Legal Issues in Higher Education and Web Accessibility - Cyndi Rowland
Web Accessibility Law in Higher Education - Jonathan Whiting