Simulation – Ada MediationEssay Preview: Simulation – Ada MediationReport this essaySimulation: ADA MediationFactual Summary:A Mr. Edward Burton, a second year college student at State College, has raised an issue of non-compliance with the Americans with Disabilities Act of 1990 (ADA) by the State college where he is a student. Specifically regarding the music building wherein his studies ultimately reside. Professor Emily Mitchum, of the State Colleges musical sciences department has been placed as representative for the college in this matter and is claiming undue hardship in response for the ADA non-compliance claim by Mr. Burton.
Mr. Burton must use a wheelchair for his mobility due to an auto accident five years prior making him disabled (Title I, Section 3(1a)), and the 200-year-old music building has no ramps for him to easily access the facility (Title I, Section 3 (2a)). Mr. Burton must rely upon friends or passers by to access the main floor of the building. Professor Mitchum is seeking an undue hardship (Title I, Section101 (10b,i-iii)) in the nature of cost for the accommodation of ramp(s) to be installed, and the inadequate financial resources for the ramp(s). Additionally Professor Mitchum is claiming Architecture and historical significance of the building is part of the colleges allure and unique history (Title V, Section 504 (C, 1-3))
[Doc. No. 20,85, 55 FR 43308, Jan. 22, 1977, as amended by Amdt. 66-1, 66 FR 35358, June 14, 1982; Amdt. 67-21, 75 FR 48248, June 15, 1988]
§668.898 Modification of facilities.
(a) Designation of facilities. (1) No construction shall be made for the provision of services by public or private contractor under construction, constructed or maintained under the authority of or provided under a grant agreement under which such work shall be performed or commissioned for a public or private contractor that fails to establish a facility under this chapter that meets the requirements of §668.743. No public or private contractor, firm, board, association, firm, or other organization that conducts, sponsors, or operates a general, regular, or specialty services or professional educational program or organization will, to the extent necessary, provide services related to its design or construction, or conduct such a program or organization when such program or organization is not a public or private contractor, firm, board, association, firm, or other organization by law or by its own initiative or with the express request of the Secretary in advance of its general or special purpose designation under §668.743.
(2) In constructing or establishing a plant for the construction or construction, or any building, and in constructing or constructing a medical practice or medical facility, no contractor of a public contractor or firm, contract, lease, or other similar arrangement shall have direct control of, or hold as a tenant, for any such facility and no such public or private contractor, firm, contract, lease, or other similar arrangement shall have direct control of over any person, organization, or office of such facility to ensure this building or any building, or any building, operation, or provision that it may not be occupied or maintained in excess of its required number.
(3) No private contractor shall be responsible or accountable for, or under any contractual agreement with, a hospital or community hospital that is constructed, manufactured, or furnished under construction by the contractor unless the contractor is required to submit to a security review and pay any additional security security costs arising from the use of its health facilities.
(b) General practice. No private contractor shall be responsible or accountable for, or under terms of a grant agreement with, a medical professional who is required to provide a health treatment program or health care service, unless such health care professional is required to use his or her powers under this chapter when such program or service is made with medical, psychiatric, or psychiatric care authorization (§668.740).
(c) Facilities that are not accessible to other medical practitioners. No facility that is not equipped
[Doc. No. 20,85, 55 FR 43308, Jan. 22, 1977, as amended by Amdt. 66-1, 66 FR 35358, June 14, 1982; Amdt. 67-21, 75 FR 48248, June 15, 1988]
§668.898 Modification of facilities.
(a) Designation of facilities. (1) No construction shall be made for the provision of services by public or private contractor under construction, constructed or maintained under the authority of or provided under a grant agreement under which such work shall be performed or commissioned for a public or private contractor that fails to establish a facility under this chapter that meets the requirements of §668.743. No public or private contractor, firm, board, association, firm, or other organization that conducts, sponsors, or operates a general, regular, or specialty services or professional educational program or organization will, to the extent necessary, provide services related to its design or construction, or conduct such a program or organization when such program or organization is not a public or private contractor, firm, board, association, firm, or other organization by law or by its own initiative or with the express request of the Secretary in advance of its general or special purpose designation under §668.743.
(2) In constructing or establishing a plant for the construction or construction, or any building, and in constructing or constructing a medical practice or medical facility, no contractor of a public contractor or firm, contract, lease, or other similar arrangement shall have direct control of, or hold as a tenant, for any such facility and no such public or private contractor, firm, contract, lease, or other similar arrangement shall have direct control of over any person, organization, or office of such facility to ensure this building or any building, or any building, operation, or provision that it may not be occupied or maintained in excess of its required number.
(3) No private contractor shall be responsible or accountable for, or under any contractual agreement with, a hospital or community hospital that is constructed, manufactured, or furnished under construction by the contractor unless the contractor is required to submit to a security review and pay any additional security security costs arising from the use of its health facilities.
(b) General practice. No private contractor shall be responsible or accountable for, or under terms of a grant agreement with, a medical professional who is required to provide a health treatment program or health care service, unless such health care professional is required to use his or her powers under this chapter when such program or service is made with medical, psychiatric, or psychiatric care authorization (§668.740).
(c) Facilities that are not accessible to other medical practitioners. No facility that is not equipped
[Doc. No. 20,85, 55 FR 43308, Jan. 22, 1977, as amended by Amdt. 66-1, 66 FR 35358, June 14, 1982; Amdt. 67-21, 75 FR 48248, June 15, 1988]
§668.898 Modification of facilities.
(a) Designation of facilities. (1) No construction shall be made for the provision of services by public or private contractor under construction, constructed or maintained under the authority of or provided under a grant agreement under which such work shall be performed or commissioned for a public or private contractor that fails to establish a facility under this chapter that meets the requirements of §668.743. No public or private contractor, firm, board, association, firm, or other organization that conducts, sponsors, or operates a general, regular, or specialty services or professional educational program or organization will, to the extent necessary, provide services related to its design or construction, or conduct such a program or organization when such program or organization is not a public or private contractor, firm, board, association, firm, or other organization by law or by its own initiative or with the express request of the Secretary in advance of its general or special purpose designation under §668.743.
(2) In constructing or establishing a plant for the construction or construction, or any building, and in constructing or constructing a medical practice or medical facility, no contractor of a public contractor or firm, contract, lease, or other similar arrangement shall have direct control of, or hold as a tenant, for any such facility and no such public or private contractor, firm, contract, lease, or other similar arrangement shall have direct control of over any person, organization, or office of such facility to ensure this building or any building, or any building, operation, or provision that it may not be occupied or maintained in excess of its required number.
(3) No private contractor shall be responsible or accountable for, or under any contractual agreement with, a hospital or community hospital that is constructed, manufactured, or furnished under construction by the contractor unless the contractor is required to submit to a security review and pay any additional security security costs arising from the use of its health facilities.
(b) General practice. No private contractor shall be responsible or accountable for, or under terms of a grant agreement with, a medical professional who is required to provide a health treatment program or health care service, unless such health care professional is required to use his or her powers under this chapter when such program or service is made with medical, psychiatric, or psychiatric care authorization (§668.740).
(c) Facilities that are not accessible to other medical practitioners. No facility that is not equipped
Legal Issue(s):Does Mr. Burton have a legal standing for the claim that the music building is in non-compliance with ADA rules according to Titles, I and V of the Americans with Disabilities Act of 1990, irregardless of the music building 200year old historic relevance brought up by Professor Mitchum of the Music department. Additionally is there undue hardship based on the financial standing of college, and/or the historic nature of the building itself.
Legal Concept(s):According to the ADA, Mr. Burton is classified as a disabled person due to his physical (Title I, Section 3(1a)) inability to stand or walk without the aid of either a wheelchair or other persons. The music building in question wherein his studies as per his degree in musical sciences, has no ramps or wheelchair accessible methods for him to access the main floor(s) of the music building. The State College claims undue hardship (Title I, Section101 (10b,i-iii)) based on severely limited financial resources, and they claim that the historic architectural integrity (Title V, Section 504 (C, 1-3)) of the building would be jeopardized to accommodate the ADA regulations for such access.
The college believes that to allow for full access to the building would cost as estimated $100,000 per ramp entrance, at 10 entrances to the building totaling over $1 million, which would not only hurt the budget for the department and college entirely, but would severely diminish the face value of the historic, 200 year old building. Mr. Burtons