THE SCOPE OF THE UNIVERSITY

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THE SCOPE OF THE UNIVERSITYS RESPONSIBILITY TO
ACCOMMODATE DISABLED STUDENTS

• Presented by
• Teri B. Goldman
• Blackwell Sanders Peper Martin, LLP
• St. Louis, Missouri

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DEFINITION OF DISABILITY

• a physical or mental impairment which
  substantially limits one or more major life
  activities.

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• A student by the name of Robert Johnson has been
  admitted to your college or university. Upon
  entry, he informs you that he has been medically
  diagnosed with ADHD and takes Ritalin to control
  the symptoms of the disorder. He graduated from
  high school with a 2.9 GPA. He now seeks
  reasonable accommodations from your institution
  for his disability.

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• What procedures, if any, do you follow to
  determine if he is disabled?

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• How do you determine what reasonable
  accommodations he should receive?

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1999 SUPREME COURT TRILOGY OF CASES
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• Sutton v. United Airlines, Inc., 119 S. Ct. 2139
  (1999)
• Murphy v. United Parcel Service, Inc., 119 S.Ct.
  2133 (1999)
• Albertsons, Inc. v. Kirkingburg, 119 S.Ct. 2169
  (1999)

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• Mitigating measures must be considered in making
  the determination as to whether an individual is
  disabled.

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• Not limited to external mitigating measures.

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• Vision impairment -- Glasses
• Hearing impairment -- Hearing Aide
• High Blood pressure -- Medication
• Diabetes -- Diet
• ADHD - Medication
• Test Anxiety - Adapted Study Regimen

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• Pacella v. Tufts Univ. School of Dental Medicine,
  66 F. Supp. 2d 234 (D. Mass. 1999)

• Alleged discrimination on the basis of a visual
  disability after dismissal for failing to perform
  at acceptable academic level.
• Not disabled because of mitigating measures.

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Disabled v. Otherwise Qualified
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• Otherwise qualified person is one who is able to
  meet all of a programs requirements in spite of
  his handicap.

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• A student with bipolar disorder enrolls in your
  college or university. The disorder generally is
  well controlled with medication and, in her
  medicated state, the student is able to succeed
  academically and otherwise. However, when the
  student ceases medication, she becomes depressed,
  disorganized and very disruptive in her classes
  and her grades drop such that she must be placed
  on academic probation.

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• IS SHE DISABLED?

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• IS SHE OTHERWISE QUALIFIED?

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• WHAT REASONABLE ACCOMMODATIONS
  WOULD/SHOULD/COULD YOUR INSTITUTION PROVIDE?

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• MAY YOU IMPOSE DISCIPLINARY CONSEQUENCES
  PURSUANT TO YOUR INSTITUTIONS INTERNAL RULES,
  INCLUDING REMOVAL FROM THE INSTITUTION?

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• Bercovitch v. Baldwin School, 133 F.3d 141 (1st
  Cir. 1998)

• Student diagnosed with ADHD, ODD, and depression
• Indefinitely suspended by private school for
  behavior that repeatedly violated schools codes
  of discipline and proper behavior.

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• Filed ADA suit alleging disability
  discrimination.
• Concluded that the alterations in the schools
  normal requirements and standards requested by
  plaintiff went beyond reasonable accommodation

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• Student was not otherwise qualified unless,
  with reasonable accommodations, he can meet
  disciplinary requirements.
• A schools code of conduct is an integral aspect
  of the learning environment.

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• Student was not disabled.

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• Ascani v. Hofstra University, No. 987756 (2nd
  Cir. 1999)

• Plaintiff alleged disability discrimination when
  expelled from University.
• Diagnosed with mental illness.
• Threatened professor.
• Held not otherwise qualified and was a direct
  threat to the safety of others.

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PRACTICAL TIPS

• Have written policies and procedures for
  determining disability and reasonable
  accommodations.
• Policies and procedures should be revised to
  include reasoning of 1999 Supreme Court trilogy
  regarding mitigation.
• Have written policies/codes regarding academic
  and behavioral standards.
• Have procedures to determine when a student
  identified as disabled is no longer otherwise
  qualified per the institutions policies and
  codes.