Legal Question in Disability Law in New York

ADHD discrimination from school

A relative of mine was recently dismissed from a private university.

He was accused of cheating by 4 other students on a quiz that happened a year ago. During this quiz, he has

admitted to looking at another student's paper. The questions were located on a projector in front of the class. The tall

student in front of him held his paper up in clear view and became a distraction. On other testing occasions he is given

extra time and a separate testing area. For this particular quiz, he was not accommodated for.

These 4 students all made allegations attacking his character. As I read the investigation findings, a lot of the

allegations are related to symptoms of ADHD. He does not share his disability with anyone other than the school. All 4

students claimed he cheated but all stated to never see him do it

At his hearing, his accusers spoke first. ADHD causes him to have impaired auditory interpretation and he was

unable to provide a strong counter to their allegations. During his hearing he was unable to have someone represent or

help him in his defense. Can he sue the school for disability discrim and the accusers for defamation


Asked on 7/09/09, 2:55 am

3 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Re: ADHD discrimination from school

Contact Edwin Egelsee, Esq. at [email protected] and he may be able to get your student back to school. He specializes in this area of law. He can only help if this matter is based in California.

Read more
Answered on 7/09/09, 3:26 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: ADHD discrimination from school

1. He must consult an attorney in person, its impossible to assess this by email.

2. If the school is aware he has ADHD I can't believe they did not allow him a representative.

3. However, based on your questions, that is his best starting point to vacate the result.

4. You do not provide enough info to answer your other questions.

Read more
Answered on 7/09/09, 9:32 am
Terry A. Nelson Nelson & Lawless

Re: ADHD discrimination from school

If he is actually disabled under the law, and actually demanded 'reasonable' accommodation in the discipline process, and it was refused, then he has a claim he can make for that. If the school 'knew' he was due accommodation in this process, they should have made some arrangement for it themselves. You say they 'knew' of his disability. He would have the burden of showing they knew of THIS need and failed in their obligation.

Since he apparently didn't force the issue at the time of the hearing by refusing to participate without accommodation, he now has the burden of proving the school liable for a failure to accommodate. One remedy he will be seeking is to overturn the hearing. If successful, that does not mean he would automatically be reinstated. He can't ignore the charges against him that were found to be true. He would be requesting a new hearing.

No, he doesn't sue the students for 'defamation' simply for raising the issues.

If this is in SoCal, and if he is serious about pursuing his claim, feel free to contact me.

Read more
Answered on 7/09/09, 2:08 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in New York