Zukle v. Regents of the University of CA

1
Zukle v. Regents of the University of CA

• 166 F.3d 1041 (9th Cir.1999)

2
Facts

• Sherrie Zukle entered UC Davis medical school in
  1991
• During the first two years she experienced
  academic difficulty, and the Student Evaluation
  Committee (SEC) put her on academic probation and
  required her to get tested for a learning
  disability
• It was found that she had a disability related to
  reading comprehension
• In 1994, Zukle failed her US Medical Licensing
  Exam
• The Medical School offered her accommodations for
  her disability, including extra time to prepare
  for exams, an extra year to complete her
  pre-clinical program, and a paid six-week review
  course for the Licensing Exam
• During the clinical phase of the program, she
  failed several of her clerkship courses and asked
  to be allowed to start a new clerkship and finish
  the previous one at a later date

3
Facts

• The Dean denied Zukles request and insisted that
  she finish her first clerkship
• Zukle finished the clerkship but received a
  failing grade while already on academic probation
• The SEC reviewed her case and decided that she
  must retake the failed clerkship and remain on
  academic probation
• Her case was further reviewed by the Promotions
  Board who dismissed her for failure to meet the
  academic standards of the School of Medicine
• Zukle appealed this decision to the Board on
  Student Dismissal they upheld the dismissal
• She filed suit in District Court claiming a
  violation of the ADA and section 504 of the
  Rehabilitation Act
• She claimed that the Medical School had not given
  her reasonable accommodation and that she was
  otherwise qualified

4
Issues

• Does the ADA allow deference towards academic
  institutions when it comes to the question of
  whether an undue burden is imposed on the
  institutions program?
• Is Zukles dismissal justified on the basis of
  professional opinions of the Medical School
  faculty and staff?
• Did the Medical School reasonably accommodate
  Zukles disability?

5
Holding

• Yes, the ADA does allow the courts to defer to
  the professional expertise of publicly funded
  institutions
• Yes, her dismissal is justified because she is
  not otherwise qualified
• Yes, the Medical School offered reasonable
  accommodations as required by the ADA and Section
  504

6
Reasoning

• Zukles request to stop her clerkship and start
  another was deemed by the faculty and validated
  by the courts to be an undue burden on the
  structure of the medical program
• She was reasonably accommodated by being granted
  extra time to prepare for exams, being allowed to
  retake exams and failed classes, being offered a
  paid review session to obtain her medical license
  
• She was not otherwise qualified because the
  unique hands-on experience of the clerkship is
  crucial to preparation for the medical profession
• Therefore, excusing her from her clerkship would
  seriously compromise the quality of her training
  and the legitimacy of the school
• The court recognizes its own limited knowledge of
  the medical profession and defers professional
  decisions to the medical experts

7
Significance

• Academic institutions have more autonomy when
  deciding what qualifications are required of the
  students and what is considered to be an undue
  burden on their programs
• Helps clarify what is and what is not considered
  to be a reasonable accommodation
• Further narrows the scope of the protections
  granted under the ADA and Section 504

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Group 4

• Tierney Edwards
• Ryan Slyter
• Skyler Craig
• Sheena Brown
• Jackie Long