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  1. #1

    Default University Would Not Provide ADA Accommodation After Surgery

    My question involves civil rights in the State of: to,
    Had surgery on my arm one semester and the teacher refused to reschedule my test. Turned in my surgery paper work with dates on it, plus they later accomadated my arm surgery which also has dates on it. My last semester I had false allegations brought against me, if I sued them or the teacher could they Ungraduate me?

  2. #2
    Join Date
    Jan 2006
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    35,828

    Default Re: ADA Claim Against My Old University

    What are you considering suing for?

  3. #3
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    Sep 2005
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    Default Re: University Would Not Provide ADA Accommodation After Surgery

    Quote Quoting D-town
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    Had surgery on my arm one semester and the teacher refused to reschedule my test.... they later accomadated my arm surgery
    Okay, so there was an initial denial of accommodation by a teacher, but when you went to administration you were accommodated. It's not clear that having to take your test was unreasonable under the circumstances, affected your grade or, if it did, whether you addressed the issue when you were later accommodated. If you chose not to raise the issue when seeking further accommodation, you should consider it to be a done deal.
    Quote Quoting D-town
    My last semester I had false allegations brought against me
    How is that even slightly related to your surgery or accommodation?
    Quote Quoting D-town
    if I sued them or the teacher could they Ungraduate me?
    If you sued the University for accommodating you after your surgery? They won't revoke your diploma, but obviously you would be wasting your money -- you were accommodated and you have a degree.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: University Would Not Provide ADA Accommodation After Surgery

    And from your description it's not clear at best whether they were legally required to accommodate you in the first place. Generally, short term situations such as recovering from surgery do not qualify under the ADA.

  5. #5
    Join Date
    Oct 2014
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    5,696

    Default Re: University Would Not Provide ADA Accommodation After Surgery

    Quote Quoting cbg
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    And from your description it's not clear at best whether they were legally required to accommodate you in the first place. Generally, short term situations such as recovering from surgery do not qualify under the ADA.
    And as a technical point, this is not an ADA issue at all. A disabled student at a college or university receiving federal funds is protected from discrimination based on his/her disability by the Rehabilitation Act of 1973. This Act provides protection similar to the ADA; indeed the ADA was modeled on the Rehabilitation Act. But they are not exactly the same.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    22,431

    Default Re: University Would Not Provide ADA Accommodation After Surgery

    Good point - despite the fact that I work for a university, since I work with employees instead of students I always forget that.

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