Ohio State University , F. No violation was determined because faculty interviewers had a legitimate basis for not accepting her for the program. The Ohio State University , F. The court remanded for further disposition. The court replaced the lower court decision and found that a student whose hands shook too much to draw blood from patients was not perceived to have an impairment limiting a major life activity. The court found that he was still employable for medical technician jobs not requiring phlebotomy. The decision did not reach the issue of whether he was otherwise qualified.
Zimmeck v. Marshall University , F.
Granting summary judgment to the university. Medical student removal from the program was based on lack of professionalism being consistently late and disruptive and failing to sit for a required exam not her depression. The determination of direct threat is to be based on an individualized assessment based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence to ascertain the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices or procedures or the provision of auxiliary aids or services will mitigate the risk.
Title I regulations applicable to employment, however, allow direct threat as a defense when the individual poses a direct threat to the health or safety of the individual or others in the workplace. The statutory language of the ADA does not define direct threat. Chevron U. Echazabal , U. The Title II regulation which is part of the regulations issued in has not been subjected to judicial review. One recent decision provides valuable guidance on dealing with students whose conduct raises issues of direct threat.
In Stebbins v. University of Arkansas , WL W. Schurb v.
It did not violate Section to remove a medical school student who had intentionally tried to harm himself by drinking antifreeze. The student did not provide treating psychiatrist certification that he was not a danger to self or others. A settlement in between the Department of Justice and Quinnipiac University involved a student who was dismissed because of mental health issues ADA a.
Architectural barrier issues do not receive a great deal of judicial attention in higher education cases, but they are nevertheless important. Section , the ADA, and the Fair Housing Act have all treated new construction, existing construction, and renovations and alterations differently.
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This is a balancing of the burdens in varying contexts. The recent cases noted below, however, highlight the importance of remaining vigilant on these issues.
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In particular, the McNeese State decision reminds higher education institutions of the potentially high cost in time, resources, and reputation for failing to ensure access not only for stadiums and housing, but also for restrooms on campus. Issues of parking also arise under these discussions. In addition to architectural barriers, other access issues such as access for communication at sporting events may also fall under this topic of judicial attention.
Policymakers should keep in mind that it is not only students, faculty, and staff who are affected by architectural barriers, but visitors of many types—such as clients and patients in clinics, alumni events, recruiting of new student events.
Those on campus responsible for physical plant issues, should remain current on the evolution of the Universal Design movement, which facilitates access not only to individuals with disabilities, but for many others. Adams v. Montgomery College , WL D. The court allowed a claim by a student regarding inadequate parking accommodations during a period of construction. Cottrell v. Rowan University , F.
Advocates for disability rights did not have a standing in a claim on behalf of an individual with a disability. The court found that the ban from campus was not retaliation, because the ban was based on activity that was hostile, harassing, disruptive, and aggressive. The court reversed some of the attorney fee awards and held that the district court decisions on the amounts was not an abuse of discretion, but it did not overrule any of the substantive issues.
Grutman v. The university contended a continuing violation that should cap damages. Innes v. Ross v. City University of New York , F. The student with cerebral palsy alleged barriers to accessing campus. Standing issues were raised because she was an alum and not a current student which also included whether the close proximity to campus and issue of intent to return gave standing.
Reasonable accommodations fall under two different major categories. These are auxiliary aids and services and modification of policies, practices and procedures. Both issues continue to receive judicial attention. Auxiliary aids and services can include interpreters, provision of materials in alternate formats, and note takers. Recent cases on this issue have addressed a wide range of fact-specific settings and highlight the importance of having a process in place for requesting such accommodations not only for students, faculty, and staff, but also for those attending public events and using services of professional education programs such as health clinics.
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Creighton University , WL D. A medical student with significant hearing loss requested communications access real time transcription, and interpreters as accommodation. The student could not show that certain accommodations would be necessary, although they were helpful. The court gave deference to faculty decisions. The provision of hand-held devices and installation of ribbon boards to caption the announced portion of events did not provide reasonable expectation that the university would not return to prior practices denying services.
Reasonable issues remained regarding reasonable accommodations that should have been provided to a student with dyslexia; student requested reading device for tests; scanning course materials into device and word bank; student sometimes received graded assignments back later than other students. Mapp v. The court found that triable issues existed in a case where a professor made a statement to a student with visual impairment on the second day of class indicating concerns that the student would not be able to complete the class.
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Millay v. Addressing whether the blind commuter student in the culinary arts program should be provided with reimbursement for commuting expenses. The decision was made only on the procedural issue. Saffold v. In Title II and Section claims by a student the court found that there were triable issues.
The court held that direct evidence of discriminatory animus is not required. The student with a visual impairment had been approved for accommodations, including a note taker. The statements by the manager of the students services, that the note takers did not know how to work with visually impaired students, could be sufficient to show failure to accommodate. Sellers v.
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