Q: Can a private university disenroll a student because of their disability's accommodations ?
my friend has been deemed unprofessional and seen as not having a future in special education because of her accommodations and a few days of absence (3 days). Her accommodations are having a few minutes of break time in class. The dean said because of this she would not be able to watch children in her profession. She was deemed unprofessional because she refuses to meet with the dean without an advocate present. When she tells her she cannot receive an advocate in time to the meetings she sets, she doesn't address this in her response and dismisses her as unprofessional and uncooperative. My friend has spoken to various staff that tell her they were told to not talk to her from their superiors. My friend feels dismissed at every turn, she recently received the email of disenrollment. Is there a case here?
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A:
Under California law, it is illegal for a private university to discriminate against a student because of their disability, including the need for accommodations. The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 protect individuals with disabilities from discrimination by institutions that receive federal funding, including private universities.
In this case, it seems that your friend may have experienced discrimination based on her disability and need for accommodations. It is also concerning that she has been deemed unprofessional and seen as not having a future in special education because of her accommodations and a few days of absence.
Your friend may want to consider filing a complaint with the university's disability services office or the U.S. Department of Education's Office for Civil Rights (OCR), which investigates complaints of discrimination based on disability. She may also want to consult with an attorney who specializes in disability rights to determine if there is a legal case here.
It is important to note that the dean's decision to disenroll your friend may also be subject to review by the university's appeals process. Your friend should explore all of her options and seek out support from disability rights organizations or advocates to help navigate this situation.
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