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We invite your Title IX investigators and coordinators to join Husch Blackwell's Higher Education team for full-day courses that go beyond the basics to include enhanced learning formats and nuanced information to build depth of understanding.The Advanced Title IX Investigator Workshop digs into the practical skills needed to conduct effective sexual misconduct investigations.Even in many states that do have sex education programs, the education is not necessarily required to be medically accurate, according to the Guttmacher Institute.Despite many advancements in healthcare in the past decade, both gonorrhea and chlamydia rates have seen upward trends since 2009.Because it was constructed in 1971 and had never been significantly renovated, the LHS football facility was considered to be an “existing facility” and the district was obligated only to provide “program access” to wheelchair-bound spectators.The Court of Appeals noted that program access is a separate and distinct concept from facilities access – the program is the core activity being provided in a facility and the program access issue is the question whether the disabled individual is provided with a substantially equivalent opportunity to view that event as compared to other persons in attendance.

Lindsay High School (LHS), located in central California halfway between Bakersfield and Fresno, with an enrollment of approximately 1,000 students and in a town with a population of approximately 13,000, has a football facility typical of those at many small high schools in small communities around the country.The plaintiff who initiated the litigation, Timothy Daubert, uses a wheelchair for mobility and regularly attends LHS football games. District Court for the Eastern District of California, Daubert asserted that the Lindsay School District was in violation of the ADA because the football field bleachers were not wheelchair accessible.His typical choice of location from which to watch the contests was the paved area behind the east end zone, because it is near the facility’s concession stand and it is an area in which other spectators tend to congregate to watch games. He contended that he “could not fully enjoy the games because he had an inferior view of the field and had to deal with either looking through a gate [in the chain link fence] or folks periodically walking in front of him and obscuring his view of play.” He argued that the facility’s designated wheelchair areas were in violation of federal disabilities law because they were not equivalent in quality to the elevated stadium-style seating available in the bleachers and they did not provide a football game social experience equivalent to sitting in the stands alongside the other fans in the crowd present to watch the games. ADA Requirements On September 15, 2010, the United States Department of Justice (DOJ) published revised regulations clarifying the provisions of the ADA applicable to facilities and to events held in those venues, accessibility requirements that are detailed in the DOJ policy guidance titled Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG).The bleachers are not wheelchair accessible; they are accessible only by stairs and there are no clear, flat spaces anywhere on the bleachers where a wheelchair could be positioned.Spectators who use wheelchairs regularly attend LHS football games and the school specifically designates a variety of locations from which persons who use wheelchairs may watch the contests, including accessible areas behind either end zone, accessible spaces at any of the four corners of the field, and accessible areas along the north or south sidelines at approximately either 25-yard line.

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In assembly areas with more than 5,000 seats, 36 wheelchair spaces and companion seats must be provided plus one additional for each 200 seats (or fraction thereof) beyond 5,000.

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