Can I sue a university for failing ADA accommodations, leading to lost academic time and potential dismissal?

Question

Can I pursue legal action against a public university for failing to coordinate accommodations under ADA/504, which led to 1.5 years of lost academic progress and potential dismissal?

I’m a PhD student with Autism Spectrum Disorder (ASD), registered with the university's Student Accessibility Services (SAS) since 2020. My condition affects executive functioning, communication, and help-seeking. I requested specific accommodations that involved supporting my communication with faculty, structuring advising meetings, and coordinating academics during crises. However, the university only provided generic accommodations, like extra time on tests. From 2023 to 2024, I experienced a crisis involving three hospitalizations and near-daily mental health support where no academic coordination was done. My department was not informed of how my disability affects my academic function, causing my advisor to stop working with me and contributing to a loss of 1.5 years of progress. Written communications document my accommodation requests, with little follow-up from the department, resulting in missed critical deadlines like my dissertation prospectus defense. An internal ADA/504 appeal for time restoration was denied, and contacts with Disability Rights Ohio did not progress my case. I am now facing dismissal despite repeatedly seeking accommodations. What legal action can I take to restore lost time and academic progress?

James L. Arrasmith · Answer

You may have grounds for legal action if the university has failed to provide the necessary accommodations as outlined under the ADA and Section 504 of the Rehabilitation Act. Since you have documented your requests and the lack of appropriate support, it could be argued that the university did not meet its obligations to ensure equal access to your education. It’s important to emphasize that universities are legally required to provide accommodations that directly address the barriers posed by your disability, including academic coordination during times of crisis. 
 
To move forward, you should first review your university’s grievance procedure and consider whether an appeal at the institutional level is still possible. If your internal appeals have been exhausted, you might consider filing a formal complaint with the U.S. Department of Education’s Office for Civil Rights (OCR). The OCR investigates violations of federal disability laws by educational institutions and may open an investigation into your case if they find enough evidence of non-compliance. 
 
In addition to these steps, consulting with a civil rights attorney who has experience with disability law could provide valuable guidance. They can help you explore legal options such as pursuing a lawsuit for damages related to academic progress lost, discrimination, and the failure to accommodate your needs under federal law.

Q: Can I sue a university for failing ADA accommodations, leading to lost academic time and potential dismissal?