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Find excellent examples of litigation of students with disabilities against universities that violated disability rights or not adequately accommodated said students.
Hello! Thank you for choosing Wonder to find examples of litigation that students with disabilities filed against universities that violated their rights. I found seven examples of litigation that students with disabilities filed against universities. Below you will find a deep dive of my findings.
METHODOLOGY AND FINDINGS
The following examples were chosen from a long list of litigations that have been brought against universities by organizations and individuals. I chose these examples based on the fact that the students themselves filed the suits and not an organization (eg. National Federation of the Blind). I was able to find 7 cases to fit your criteria but you can find over 100 organizational cases here. I used the most recent litigation cases that I could find in regards to the subject. I have provided the cases (where known), the laws allegedly broken and a summary for each case.
Note: Blind students had the most filed lawsuits against their universities, followed by students with emotional disabilities.
*Law: "28 U.S.C. §§ 1331 and 1343 for Plaintiffs’ claims arising under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12131, et seq., and Section 504 of Rehabilitation Act of 1973 (“Section 504”), 29 U.S.C. § 794, and pendent jurisdiction over Plaintiffs’ claim under Florida law."
*The named blind students sued FSU in regards to a math program that was inaccessible for them. "Both the math textbook and the math e-learning system" were inaccessible to students who are blind. They both failed the course and were told that they would have to pay to retake the course. FSU provided a work-study, human reader, but the students claim that the reader had no knowledge of the advanced mathematical course and could not relate the lessons properly. Upon failing the course, the students fell behind on the road to their respective degrees.
*In 2014, a blind student named Esha Mehta filed a complaint with U.S. Department of Justice regarding a lack of available access for disabled people at University of Boulder, CO. Citing the Americans with Disabilities Act, she struggled with not being able to "read the books, see the powers points" and spent numerous hours outside of classes with professors trying to get a grasp on the material. Esha was disappointed that she did not get the grades that she was hoping for, but with the struggles she faced, she was happy that she passed the courses. The litigation was dropped after the DOJ looked into the alleged accusations of CU. The blind student's attorney says that very little has changed on campus and that they are still moving forward even though the DOJ has halted.
*In January 2016, a case has been settled against Miami University where a blind student was not given textbooks in Braille, or text-to-speech material that she could use without assistance. The Americans with Disabilities Act was cited in the claim that equal access had not been given to this student. She said that her hopes of a graduate program had been jeopardized because of her grades and that even doing laundry and ordering meals was a problem because of touch screens. The DOJ was asked to intervene because the University allegedly discriminated based on the ADA.
in 2011, stated in an article by Justice.gov, "fair housing lawsuit was filed against the University of Nebraska at Kearney for discrimination against students with psychological and emotional disabilities". The UNK denied the reasonable accommodation requests by students with psychological or emotional disabilities seeking to live with emotional assistance animals in university housing. "The suit also charges that UNK requires students with psychological disabilities to disclose sensitive medical and other information that is unnecessary to evaluate their accommodation requests." This complaint was filed with HUD by a student enrolled at UNK who wanted to live with an "emotional assistance dog that had been prescribed."
*In 2015, Jennifer Burbella filed a suit against Misericordia University stating that she was discriminated against during a final exam that she could not pass. She allegedly was not able to make contact with her professor the night before her exam to make sure that she would be given a "distraction-free" area to take the exam. She alleges that she has failed the final exam twice due to discrimination of her emotional disability.
In 2012, Holly Gustin, a student with diagnosed ADHD, failed to complete her second year exams. "The lawsuit contends that she failed because instructors and staff 'created a hostile environment,' in which 'her rights and privileges of shared experiences in laboratory settings' were denied." She sued for her right to re-take the tests or be compensated. She alleges that Ferris State used her disability to discriminate against her.
7. In 2006, 12 deaf students filed a suit against USU for failing to "provide adequate sign-language interpreters" and services to help further their education. The students claimed that they were not given proper access to communicate with professors and were even steered away from taking certain classes because the school could not provide accommodations.
IN ADDITION
A final and interesting suit that I think is worth mentioning doesn't involve a student, but a former faculty member at Roanoke College. She allegedly was discriminated against by being discouraged to take a medical leave without pay when her rheumatoid arthritis was deteriorating her health. The condition led to falls because she wasn't able to climb stairs and the elevator was not in proper working order. She was demoted in 2015 after taking a leave of medical absence without being counseled or disciplined. The suit was filed November 21, 2017 in Roanoke federal court.
CONCLUSION
To wrap up, blind students had the most filed lawsuits against their universities, followed by students with emotional disabilities. I have provided seven examples of litigation that students with disabilities filed against universities. I have also included a recent litigation from a faculty member as well.
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