THE SCOPE OF THE UNIVERSITY’S
RESPONSIBILITY TO ACCOMMODATE DISABLED
STUDENTS
Presented by:
Teri B. Goldman
Blackwell Sanders Peper Martin, LLP
St. Louis, Missouri
DEFINITION OF DISABILITY:
“a physical or mental impairment which substantially
limits one or more … major life activities.”
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.”
What procedures, if any, do you follow to determine if
he is disabled?
How do you determine what reasonable
accommodations he should receive?
1999 SUPREME COURT TRILOGY OF CASES
Sutton v. United Airlines, Inc., 119 S. Ct. 2139 (1999)
Murphy v. United Parcel Service, Inc., 119 S.Ct. 2133 (1999)
Albertson’s, Inc. v. Kirkingburg, 119 S.Ct. 2169 (1999)
Mitigating measures must be considered in making the
determination as to whether an individual is disabled.
Not limited to external mitigating measures.
Vision impairment -- Glasses
Hearing impairment -- Hearing Aide
High Blood pressure -- Medication
Diabetes -- Diet
ADHD - Medication
Test Anxiety - Adapted Study Regimen
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.
Disabled v. Otherwise Qualified
Otherwise qualified person is “one who is able to meet all of a
program’s requirements in spite of his handicap.”
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.
IS SHE DISABLED?
IS SHE “OTHERWISE QUALIFIED”?
WHAT REASONABLE ACCOMMODATIONS
WOULD/SHOULD/COULD YOUR INSTITUTION PROVIDE?
MAY YOU IMPOSE DISCIPLINARY CONSEQUENCES
PURSUANT TO YOUR INSTITUTION’S INTERNAL RULES,
INCLUDING REMOVAL FROM THE INSTITUTION?
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.
•
Filed ADA suit alleging disability discrimination.
• Concluded that the alterations in the school’s normal
requirements and standards requested by plaintiff went
beyond reasonable accommodation
• Student was not “otherwise qualified” unless, with
reasonable accommodations, he can meet disciplinary
requirements.
• A school’s code of conduct is an integral aspect of the
learning environment.
• Student was not disabled.
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.
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
institution’s policies and codes.