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Re: A petition request.
Posted: February 20 25, 2:31 pm
by Leroy
heyzeus wrote: ↑February 20 25, 1:58 pm
I'll sign, but in addition your friend should absolutely and immediately consult with a disability lawyer, because as described this is a violation of the ADA, and I'm certain there would be a reasonable accommodation the university is obligated to provide.
They have retained one. I don't really understand law, but they have started a process I think. The mother was explaining to me that whatever they have has been moved to federal court. I have no idea what that involves, but it sounds like the wheels are moving.
Re: A petition request.
Posted: February 20 25, 2:47 pm
by heyzeus
Leroy wrote: ↑February 20 25, 2:31 pm
heyzeus wrote: ↑February 20 25, 1:58 pm
I'll sign, but in addition your friend should absolutely and immediately consult with a disability lawyer, because as described this is a violation of the ADA, and I'm certain there would be a reasonable accommodation the university is obligated to provide.
They have retained one. I don't really understand law, but they have started a process I think. The mother was explaining to me that whatever they have has been moved to federal court. I have no idea what that involves, but it sounds like the wheels are moving.
Since the ADA is federal law, a lawsuit under the ADA should be filed in federal court; if they filed it in state court, it can be removed by any party to federal court. I'm far from an ADA lawyer, so there may be a claims process you can go through prior to actually filing a lawsuit.
Be prepared that the university will undoubtedly argue that the student's expulsion is unrelated to her disability. Hopefully she documented along the way the times she requested an accommodation for her condition that was ignored or denied, and can show that the university's proferred reason for expulsion was just a pretext.
Re: A petition request.
Posted: February 20 25, 3:31 pm
by Leroy
I'm pretty sure she can. Her mom went through a long list of things that had happened when she talked to us. Luckily, they have the resources and can fight to a certain extent. I feel bad for people that don't.
Anyway, she'd likely drop everything if they just let her finish school there. Well, maybe. It depends on how upset they are I guess. She only decided a few days ago to go this route, beings that she is so close to done, had done so well, and the 'involuntary expulsion' could make it hard to even transfer to another school.
Re: A petition request.
Posted: February 21 25, 12:57 pm
by mikechamp
I also typed my name.
Re: A petition request.
Posted: February 21 25, 1:15 pm
by G. Keenan
Signed.