INDIVIDUAL RELIEF. CLASS ACTION AND JURY TRIAL WAIVER TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND PEOPLEMEDIA EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND PEOPLEMEDIA EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST PEOPLEMEDIA. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND PEOPLEMEDIA AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
INDIVIDUAL RELIEF. 15. Complainant may submit an application to renew her nursing license by mail to: Attn: Xxxxxx Xxxxxxx, Nursing Board Director, Indiana Professional Licensing Agency, 000 Xxxxxxxxxx Xxxxxx, X000, Xxxxxxxxxxxx XX, 00000. The Indiana Professional Licensing Agency will renew Complainant’s license within five days of receipt, and it will be considered active on suspension, pursuant to the order from the Indiana State Board of Nursing, dated September 8, 2014. Once Complainant’s license is active on suspension, she may contact ISNAP to set up an intake evaluation. The phone number is 000.000.0000 Ext. 1 or 844.687.7399 Ext. 1.
16. After an intake evaluation, the Nursing Board, through its contracted vendor, shall take all steps necessary to implement a Recovery Monitoring Agreement with Complainant pursuant to the requirements of the ADA and the policies, practices, and procedures established under Paragraph 12. If Complainant is denied enrollment, the Nursing Board will notify the United States within seven days and will provide the United States with the reason(s) for the denial.
17. Within 21 days of the Effective Date of this Agreement, the Nursing Board will offer Complainant a total monetary award of $70,000 as compensatory damages, subject to the Complainant’s execution of a release of claims form. Along with the offer, the Nursing Board will send Complainant the signed Agreement, and the Notice of Letter and Release of Claims attached as Exhibits 1 and 2. The Nursing Board will send the United States copies of the Notice Letter and the Release of Claims form when they are sent to Complainant.
18. Within 21 days after receiving Complainant’s signed Release of Claims form, the Nursing Board shall send a check in the amount of $70,000 to Complainant. The Nursing Board shall provide written notification to counsel for the United States, including a copy of the check, within seven days of completing the actions described in this paragraph.
INDIVIDUAL RELIEF. Within 45 days after the Effective Date, the County shall make a payment of $4,000 to each of the following Claimants: Xxxxxxx Xxxxx, Xxxxxx Xxxxxx, and Xxx Xxxxxxx.
INDIVIDUAL RELIEF. XXX (Student 1). By October 1, 2018, the District will invite, in writing, the Complainant to meet with at least one administrator and one counselor XXXX to discuss: (a) Student 1’s experiences during the 2016-2017 school year (SY); and (b) appropriate steps to redress sex-based hostile experiences, if any, that Student 1 experienced during the 2016-2017 SY. By way of example only, possible appropriate steps may include such things as: making a District-employed counselor available to meet with Student 1; District employees conducting mediations or restorative sessions with Student 1 and any perpetrators of sex-based harassment; academic tutoring for 3 The training materials may need to be differentiated by grade level. Student 1, if, for example, his academic performance suffered as a result of any sex-based harassment; revising attendance records, if Student 1 had any harassment-related absences; revising discipline records, if, for example, Student 1 was disciplined for self- defense; and establishing a safe space and designated person who Student 1 can go to if any harassment occurs in the future, to the extent such action has not already been taken.4 If the Complainant accepts the invitation, the District will convene a meeting. The District will ensure that detailed notes reflecting the discussion are taken at the meeting and that the outcome(s) of the meeting (i.e., what steps, if any, will be taken for Student 1, and a plan for taking the steps, if any) are reduced to writing and shared with the Complainant within four school days of the meeting.5 Complainant’s response, if any. If a meeting is held, the District will submit to OCR, within 15 calendar days of the meeting: (a) a copy of notes from the meeting; (b) a copy of the written notice to the Complainant of the outcome(s) of the meeting; and (c) a plan for the implementation of appropriate steps, if any, to redress any sex-based hostile environment that Student 1 may have experienced during the 2016-2017 SY. If the plan provides for an alternative timeline, the District will, by February 20, 2019, notify OCR of the date it anticipates fully implementing the plan. Then, within five school days of fully implementing the plan created pursuant to Term 6, the District will provide to OCR documentation demonstrating that implementation is complete.6
INDIVIDUAL RELIEF. Within 30 days of signing this agreement, the District will take prompt and appropriate responsive action to end the hostile environment created by of harassment of Student A, prevent its recurrence, and, where appropriate, take steps to remedy the effects on Student A of the hostile environment, including but not limited to reviewing Student A's educational performance during the 2015-16 and 2016-2017 school years to determine whether Student A’s grades were adversely affected as a result of the hostile environment and will adjust her grades and transcript accordingly; will provide the parent with a written offer to provide Student A compensatory education, counseling, academic, tutoring, counseling and/or psychological support, as deemed necessary by the District and the complainant; and, and if the offer is accepted, will provide all needed services as appropriate by August 1, 2017 unless the timeframe is extended by mutual agreement between the District and the parent.
INDIVIDUAL RELIEF. (1) Within two weeks after this Agreement is signed, the District will convene a multidisciplinary team (MDT), which shall include the parent(s), applicable District staff, and other individuals knowledgeable about the Complainant’s son, to meet at a mutually agreeable date and time. The MDT shall determine if compensatory education or services are appropriate. If compensatory education or services are determined appropriate, the MDT shall determine the number of hours of compensatory education or services (e.g., one-on- one tutoring outside the academic day, summer classes, etc.) necessary to address the alleged denial of a free appropriate public education (FAPE) resulting from the alleged failure to timely evaluate and determine the Complainant’s son’s (Student) eligibility under Section 504 and Title II. The MDT shall develop a process to ensure the compensatory services are provided in a timely manner. The determination of the type of compensatory education or services (compensatory services) will be made considering information starting with the beginning of the spring 2018 semester.
(2) If the MDT determines compensatory services are appropriate, the MDT will discuss and determine the type, frequency, duration, and location of the appropriate compensatory services, and will accommodate the Student’s schedule. Compensatory services will be provided at no cost to the Student, and will not be scheduled during the Student’s school day or other educational and non-academic activities associated with his school. In addition, the provision of any tutoring or educational programs will be provided by qualified individuals or service providers.
(3) If the MDT determines compensatory services are appropriate, the District will provide the Student transportation to and from the location of the compensatory services. If the Complainant chooses to transport her son instead of accepting transportation from the District, the District will reimburse the Complainant for round-trip mileage from her residence or other location to the location of compensatory services for each day of the Student’s compensatory services sessions.
(4) The District will provide to the Complainant, via email, a copy of the District’s notice of procedural safeguards, with OCR copied on the email, prior to the MDT meeting referred to in item 2, above. This will include a written explanation of the Complainant’s right to challenge the team’s determination via a Section 504/Title II impartial h...
INDIVIDUAL RELIEF. 1. By January 15, 2016, pursuant to section III.G.1, the District will provide OCR with a copy of its letter to the complainant, and a description of how and when the letter was provided to her.
2. By September 1, 2016, pursuant to section III.G.2, the District will provide OCR with a copy of its letter to the complainant, and a description of how and when the letter was provided to her.
INDIVIDUAL RELIEF. 1. By January 15, 2016, the District will provide the complainant with a letter which: (1) describes the actions that the District has taken under this agreement through the date of the letter and plans to take under the agreement, and reassures the complainant of its commitment to provide accessible programs, services, and facilities in compliance with Section 504 and Title II; (2) includes a list of upcoming athletic events at the gym facilities and an invitation for the complainant to attend an event of her choice at no cost; and (3) provides her with the name and contact information of the designated employee who will address any future accessibility concerns.
2. By September 1, 2016, the District will provide the complainant with a letter summarizing the actions that the District has completed under the agreement.
INDIVIDUAL RELIEF. 1. The District will provide the parent with a letter stating: (a) its ongoing commitment to provide accessible programs, services, and facilities to parents with disabilities; (b) the actions that the District is taking under the agreement to improve accessibility at the District office, including the location of alternative accessible facilities that the parent may use to meet with District administrators pending completion of any structural changes at the District office; (c) the name and contact information of the District’s designated person, who will be responsible for responding to any accessibility questions and requests from the parent in a timely manner; and
INDIVIDUAL RELIEF. 1. Within thirty (30) days of the effective date of this agreement, provided that Respondents’ counsel has received an IRS Form W-9 for each payee under this Agreement who will receive any payment to be reported on an IRS Form 1099, in exchange for the promises and releases contained in this Agreement, will pay settlement proceeds in the total amount of $70,000.00. Such payment shall be made by check payable to NAME REDACTED and NAME REDACTED and mailed via certified mail or Federal Express to: NAME REDACTED ADDRESS REDACTED West Chester, PA 19382
