IT Accessibility Risk Statements and Evidence by Topic
The purpose of this page is to help identify accessibility risks to consider in risk management process. It provides Electronic and Information Technology (EIT) accessibility risk statements and evidence by topic. An EDUCAUSE version provides a numbered list version.
Resources
Risk Statement: Failure to allocate sufficient resources and authority to coordinate and implement the Electronic and Information Technology (EIT) Accessibility Policy.
Risk Source, Documentation, or Proof:
- University of Cincinnati Resolution Agreement (PDF)
- Youngstown State University Resolution Agreement (PDF)
Risk Statement: Failure to assign a person or entity to coordinate institution-wide accessibility.
Risk Source, Documentation, or Proof:
- University of Cincinnati Resolution Agreement (PDF)
- Youngstown State University Resolution Agreement (PDF)
- University of Phoenix Settlement Agreement (PDF)
- Chandler Unified School District Resolution Agreement (PDF)
- Eduprize Charter School Resolution Agreement (PDF)
- Higley Unified School District Resolution Agreement (PDF)
- Cedar Rapids, Iowa Settlement Agreement
- Chaves County, New Mexico Settlement Agreement
- Champaign County, Illinois Settlement Agreement
- DeKalb, Illinois, Settlement Agreement
- Fallon, Nevada Settlement Agreement
- Isle of Palms, South Carolina Settlement Agreement
- Lumpkin County, Georgia Settlement Agreement
- Madison County, New York Settlement Agreement
- Merced County, California Settlement Agreement
- Nueces County, Texas Settlement Agreement
- Orange County Clerk of Courts Agreement
- Pennington County, South Dakota Settlement Agreement
- Parowan, Utah Settlement Agreement
- Robeson County, North Carolina Settlement Agreement
- Ruidoso, New Mexico Settlement Agreement
- Vero Beach, Florida Settlement Agreement
- Yakima County, Washington Settlement Agreement
Content
Risk Statement: Failure to provide accessible Websites.
Note: A series of lawsuits has made it evident that accessibility of Websites under Title III of the Americans with Disabilities Act (ADA) includes access for people with disabilities. Litigation, and threatened litigation, surrounding the issue is on the rise, exposing institutions to a potential claim that they are failing to comply with anti-discrimination laws. The argument, in a nutshell, is that institutions are violating Title III of the ADA prohibition on discrimination on the basis of disability because their site or app lacks certain functionalities (such as including a text equivalent for every non-text element on a website and ensuring that all functions can be accomplished by using a keyboard instead of a mouse) that would make them accessible to people with disabilities.
Risk Source, Documentation, or Proof:
- Atlantic Cape Community College Consent Decree (PDF)
- Penn State Settlement
- University of Montana Settlement (PDF)
- Louisiana Tech Agreement
- University of Cincinnati Resolution Agreement (PDF)
- Youngstown State University Resolution Agreement (PDF)
- Florida State University Settlement (PDF)
- South Carolina Technical College System Resolution Agreement (PDF)
- University of Phoenix Settlement Agreement (PDF)
- California Community Colleges State Audit Report
- Complaint Against Miami University (PDF)
- Motion to Intervene: Miami University (PDF)
- McNeese State University Settlement Agreement
- Mesa Community College and Maricopa Community Lawsuit (PDF)
- Law School Admission Council Settlement Agreement
- National Museum of Crime and Punishment Settlement Agreement (PDF)
- EDX Settlement Agreement
- Newseum
- Hilton
- Target Settlement Agreement (PDF)
- Peapod Settlement Agreement
- H&R Block Consent Decree
- Complaint against GSA's SAM.gov
- Olympic Games Lawsuit
- Charles Schwab Agreement
- Amazon Agreement
- Ramada.com and Priceline.com: New York State Attorney General Settlements
- American Cancer Society Agreement
- Disney Lawsuit
- Department of Transportation Nondiscrimination on the Basis of Disability Regulation (Web Sites)
- Bank of America Agreement
- Safeway Web Accessibility Settlement Agreement
- Major League Baseball Settlement Agreement (First Addendum)
- Rite Aid Web Accessibility Agreement
- Accessible Credit Reports Agreement
- Virtual Community School of Ohio Resolution Agreement (DOC)
- South Carolina Charter School District Resolution Agreement (DOC)
- Champaign County, Illinois Settlement Agreement
- Cedar Rapids, Iowa Settlement Agreement
- Chaves County, New Mexico Settlement Agreement
- DeKalb, Illinois, Settlement Agreement
- Fallon, Nevada Settlement Agreement
- Galveston County, Texas Settlement Agreement
- Isle of Palms, South Carolina Settlement Agreement
- Lumpkin County, Georgia Settlement Agreement
- Madison County, New York Settlement Agreement
- Merced County, California Settlement Agreement
- Nueces County, Texas Settlement Agreement
- Orange County Clerk of Courts Agreement
- Parowan, Utah Settlement Agreement
- Pennington County, South Dakota Settlement Agreement
- Robeson County, North Carolina Settlement Agreement
- Ruidoso, New Mexico Settlement Agreement
- Vero Beach, Florida Settlement Agreement
- Yakima County, Washington Settlement Agreement
- Weight Watchers Settlement Agreement
- Scribd Ruling Denying Motion to Dismiss (PDF)
- National Basketball Association Complaint (PDF)
- Ohio Secretary of State Complaint (PDF)
- Reebok Class Action Complaint (PDF)
- Patagonia
- eHarmony Complaint (PDF)
- Beall's Inc - United States Courts Archive
- Citizens Bank of Pennsylvania - United States Courts Archive
- Foot Locker, Inc. - United States Courts Archive
- GNC - United States Courts Archive
- Hobby Lobby Stores - United States Courts Archive
- Mattress Firm - United States Courts Archive
- Pep Boys - United States Courts Archive
- Pollo - United States Courts Archive
- Red Box - United States Courts Archive
- Red Roof Inns Complaint (PDF)
- Toys "R" Us Complaint (PDF)
Risk Statement: Failure to provide native EIT accessibility (e.g., relying on second class EIT alternatives for people with disabilities.)
Risk Source, Documentation, or Proof:
Risk Statement: Failure to provide accurate video captioning.
Risk Source, Documentation, or Proof:
- Complaint Against Harvard (PDF)
- Statement of Interest of the United States of America in the Harvard Case (PDF)
- Complaint Against MIT (PDF)
- Statement of Interest of the United States of America in the MIT Case (PDF)
- University of Maryland Lawsuit expansion to include captioning athletic department website media
- Netflix Consent Decree
- Amazon accused of noncompliance with video captioning rules (PDF)
Risk Statement: Failure to provide audio descriptions.
Risk Source, Documentation, or Proof:
Risk Statement: Failure to provide captioning of announcements and commentary made over public address systems during athletic events.
Risk Source, Documentation, or Proof:
- National Association of the Deaf (NAD) Complaint against the University of Maryland College Park Athletics Programs (via the Internet Archive Wayback Machine)
- Ohio State Lawsuit
- University of Kentucky Complaint (PDF)
- Washington Redskins Lawsuit
Failure to provide accessible instructional materials and library resources in a timely manner.
Risk Source, Documentation, or Proof:
Hardware
Risk Statement: Failure to provide accessible digital signage (e.g., providing information only in a visual, touch screen format for notices such as campus-wide activities, closures, and emergency alerts)
Risk Source, Documentation, or Proof:
Procurement
Risk Statement: Failure to ensure EIT obtained, provided or developed by third parties is accessible.
Risk Source, Documentation, or Proof:
- Louisiana Tech University settlement agreement
- Penn State Settlement
- Complaint Against Miami University (PDF)
- Motion to Intervene: Miami University (PDF)
- DOJ letter to CU-Boulder (Google Apps)
- NFB Lawsuit against Northwestern University (Google Apps)
- NFB Lawsuit against New York University (Google Apps)
- NFB Lawsuit against Oregon School Districts (Google Apps)
- Department of Justice & Department of Education Joint "Dear Colleague" Letter: Electronic Book Readers (PDF)
- Arizona State Lawsuit
- Case Western Reserve University - Reading Rights (via the Internet Archive Wayback Machine)
- Darden School of Business Complaint - Reading Rights (via the Internet Archive Wayback Machine)
- Pace University Complaint - Reading Rights (via the Internet Archive Wayback Machine)
- Princeton University Complaint
- Reed College Complaint - Reading Rights (via the Internet Archive Wayback Machine)
- Capella University Lawsuit
- Mesa Community College and Maricopa Community Lawsuit (PDF)
- EDX Settlement Agreement
- Homeland Security Lawsuit (PDF)
- Charles Schwab Agreement
- Department of Transportation Nondiscrimination on the Basis of Disability Regulation (Kiosks)
- U.S. Department of Justice Joint "Dear Colleague" Letter (Electronic Book Readers)
Risk Statement: Failure to implement a procedure, which ensures procured EIT is accessible, such as including accessibility requirements in RFPs and contractual language.
Risk Source, Documentation, or Proof:
- University of Cincinnati Resolution Agreement (PDF)
- Youngstown State University Resolution Agreement (PDF)
- Penn State Settlement
Awareness and Training
Risk Statement: Failure to provide a top level website dedicated to accessibility, which serves as a central repository and includes, but is not limited to providing accessibility information, news, tools, and best practices.
Risk Source, Documentation, or Proof:
Risk Statement: Failure to make faculty, staff and students aware of institutional resources for accommodation and accessibility.
Risk Source, Documentation, or Proof:
- University of Cincinnati Resolution Agreement (PDF)
- Louisiana Tech University settlement agreement
- University of Phoenix Settlement Agreement (PDF)
Risk Statement: Failure to provide regular ongoing, training, instruction and support at all levels (e.g. administrators, faculty, IT staff, support staff, student employees) regarding the institution's EIT Accessibility Policy and procedures, tools and techniques to ensure the Accessibility policy and procedures are effectively and consistently implemented.
Risk Source, Documentation, or Proof:
- University of Cincinnati Resolution Agreement (PDF)
- Youngstown State University Resolution Agreement (PDF)
- Penn State Settlement
- Louisiana Tech Agreement
- South Carolina Charter School District Resolution Agreement (DOC)
- Argyle Independent School District (PDF)
- Chandler Unified School District Resolution Agreement (PDF)
- Eduprize Charter School Resolution Agreement (PDF)
- Higley Unified School District Resolution Agreement (PDF)
- Target Settlement Agreement (PDF)
Monitoring and Testing
Risk Statement: Failure to systematically and effectively monitor EIT content and services to ensure accessibility.
Risk Source, Documentation, or Proof:
- University of Cincinnati Resolution Agreement (PDF)
- Youngstown State University Resolution Agreement (PDF)
- University of Phoenix Settlement Agreement (PDF)
- Atlantic Cape Community College Consent Decree (PDF)
- California Community Colleges State Audit (PDF)
- South Carolina Charter School District Resolution Agreement (DOC)
- Chandler Unified School District Resolution Agreement (PDF)
- Eduprize Charter School Resolution Agreement (PDF)
- Higley Unified School District Resolution Agreement (PDF)
Risk Statement: Failure to thoroughly test EIT for accessibility (e.g., automated testing alone catches but a small percentage of errors.)
Risk Source, Documentation, or Proof:
Standard and Policy
Risk Statement: Failure to define a technical standard for implementing EIT accessibility (such as WCAG 2 or Section 508).
Risk Source, Documentation, or Proof:
- University of Cincinnati Resolution Agreement (PDF)
- Youngstown State University Resolution Agreement (PDF)
- University of Montana Settlement (PDF)
- Penn State Settlement
- Louisiana Tech University settlement agreement
- Florida State University Settlement Agreement
- Law School Admission Council Settlement Agreement
- Chandler Unified School District Resolution Agreement (PDF)
- Argyle Independent School District (PDF)
- Eduprize Charter School Resolution Agreement (PDF)
- Higley Unified School District Resolution Agreement (PDF)
- Cedar Rapids, Iowa Settlement Agreement
- Chaves County, New Mexico Settlement Agreement
- Champaign County, Illinois Settlement Agreement
- DeKalb, Illinois, Settlement Agreement
- Fallon, Nevada Settlement Agreement
- Isle of Palms, South Carolina Settlement Agreement
- Lumpkin County, Georgia Settlement Agreement
- Madison County, New York Settlement Agreement
- Merced County, California Settlement Agreement
- Nueces County, Texas Settlement Agreement
- Orange County Clerk of Courts Agreement
- Pennington County, South Dakota Settlement Agreement
- Parowan, Utah Settlement Agreement
- Robeson County, North Carolina Settlement Agreement
- Ruidoso, New Mexico Settlement Agreement
- Vero Beach, Florida Settlement Agreement
- Yakima County, Washington Settlement Agreement
- Peapod Settlement Agreement (PDF)
- H&R Block Consent Decree
- Charles Schwab Agreement
- Bank of America Agreement
- Safeway Web Accessibility Settlement Agreement
- Major League Baseball Settlement Agreement (First Addendum)