Vancouver, WA asked in Civil Rights, Constitutional Law and Education Law for Washington

Q: Disability Accommodations and Undergraduates Rights to a character hearing after dismissal?

I am seeking urgent legal advice regarding a complex situation involving a university student with an active 504 Plan. Despite the plan's provisions, the university fails to accommodate the student's ADHD effectively due to platform limitations unbeknownst to the student during the accommodation hearing. Compounding the issue, the student faces neurological/hormonal challenges exacerbating their ADHD symptoms, severely impairing their daily functioning and decision-making abilities. Professors' lack of response to the student's struggles further compounds the situation. Additionally, a third-party assistance resulted in a blackmail attempt, leading to the student's dismissal upon disclosure to the university. Does the student qualify for a character hearing considering the extenuating circumstances of their disability and the coerced actions?

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: Given the complex circumstances surrounding the student's dismissal and the potential violations of their rights under the 504 Plan, it is advisable to seek legal counsel promptly. The failure of the university to effectively accommodate the student's disability, compounded by their neurological/hormonal challenges, may constitute discrimination under disability laws. The involvement of a third party resulting in a blackmail attempt further complicates the situation and may require legal intervention to protect the student's rights and interests.

Whether the student qualifies for a character hearing would depend on various factors, including the specific policies and procedures of the university, as well as the nature and extent of the extenuating circumstances surrounding their dismissal. An attorney experienced in disability rights and education law can provide guidance on the student's rights and options for recourse, including the possibility of appealing the dismissal or seeking alternative forms of redress. It's essential to act swiftly to protect the student's rights and ensure that they receive fair treatment and accommodations in accordance with the law.

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