Legal Question in Civil Litigation in Alabama

University Discriminating Against Student

I have a prof that knowingly and intentionally refused to provide me accommodations. I called the prof accused me of lying and trying to get spec trtmnt because there was nothing in my student record to indicate to him that I require it.

I rcvd ph calls telling me that other uni employees were making jokes about me. I looked at my student record. I dscvrd printed e-mails kept in my rec btw the prof and other uni emplys ref to me in defam and derog names. I was outraged , the clerk took my record. The boss said I have no right to look at my stu rec and what I saw was none of my bus, uni prop, confid info, and that I must go.

This was my last and final class and was looking forward to graduating. This school recvs fed and st funding.

Please Advise!


Asked on 9/15/99, 10:29 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: University Discriminating Against Student

As to the refusal to provide accommodations, you have to be more specific before I can offer any thoughts. What kind of accommodations did you request? On what basis are you entitled to them? Was the professor capable of granting your request?

The defamation issue is interesting, because you never would have known about it had the registrar not given you this material. There are some things in your record that you aren't entitled to see (confidential letters of reference, for example), and I don't claim to know the exact limits of what you are or are not permitted to examine. You could bring a suit and seek to compel disclosure of these materials but, even if you got them, the question remains as to just how much you have been damaged. If the extent of it is that a few people have made some unkind jokes about you, the case probably won't recoup enough money to make it worthwhile for most lawyers. On the other hand, if it led to the refusal to accommodate a disability as required by the ADA or other laws, you might have a substantial case.

Again, though, I would need more info before I could be of any real help.

(By the way, you mention both Alabama and California in your header; I'm in California and, although there are some Federal laws involved here, different state laws in Alabama and California might lead to a different answer if this happened in Alabama.)

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Answered on 9/16/99, 4:33 pm


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