How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37882
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I had a Stroke which left my left side paralyzed. I am taking

Resolved Question:

I had a Stroke which left my left side paralyzed. I am taking classes at a Community College. February, 25, 2013 The English Professor handed the class a blank piece of paper and another paper with directions. I started to fold the bottom of paper 1", then fold 2" with my left hand. I could no longer do the rest as it turned out we were making an airplane. I told Professor that I could not finish as I only have my left hand. She looked at Guy sitting next to me and said "you can help him". He replied "No, I have my own to do". Due to my post traumatic stress disorder, I kept trying. I sat in front of class facing Professor. She just kept watching me try, the PTSD kicked in due to the fact I could not do it. I ended up yelling and crying outside classroom, I kept yelling "I want to die, I do not want to live crippled anymore. I left the classroom. I talked to Disability services. The interim Director told me Professor handled the situation correctly as she accommodated me by telling another student to help me. He is in his early 20's, I am 45. The Professor told Disability interim director that all the students came up to her after class and Stated they were scared. I ended up dropping class, I got a "W". Now it is affecting my Financial aid due to the Student academic performance. I did not finish the attempted units. The College never talked with the Professor, they made me feel as it was my fault.
Was this proper for the College to allow a Professor to treat a student this way? I kept emailing school. After about 6 people unwilling to help me; I cc,d the Superintendent/President of the college. Immediately the next day the Dean of Students contacted me stating she had talked to people and investigated. She wants to meet with me Thursday, May, 9th to discuss her findings and offer options. I want them to take the "W" away and make it as if I dropped the class February, 10 as if I never took the class. I do not feel I was treated fairly as a crippled student. I am scared to talk to Dean as I am afraid she will make it my fault again. I did talk to Dept Education civil rights. I was told to fill out forms. The civil rights attorney said he could not give me any advice on phone, but said he felt I have a case. Do I? and what would you suggest I should do in meeting with Dean? I cannot lose my financial aid. I live on SSDI and am trying to learn a career I can do with left side paralysis.
Please advise.

Thank You-

XXXXX XXXXX
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I am so genuinely sorry to hear that you had t go through that. Frankly I find the school's behavior in this situation most shocking and extremely inappropriate, to a veteran no less. Arguably the professor's behavior is not really a violation since she did provide an option to accommodate, but since you can most directly point to this act as being the cause of this deep affect to you, and their further refusal in accommodating your reasonable requests (I mean the school, not the teacher), it becomes a situation where arguably a claim for discrimination based on disability can be made. Furthermore, if your professor knew that you could not perform the task that she provided, it becomes almost intentionally cruel to do so. That is what I personally find as seriously questionable and also what may be legally actionable as well.

I would suggest that you demand that the school permit you to work one-on-one with a different instructor and remove the W with an actual grade. That is also potentially reasonable as an accommodation. Otherwise consider retaining counsel and pursuing them for this behavior. This is wrong and this therefore is actionable.

Good luck.

Customer: replied 1 year ago.

Thank you!


 


Basically, in this type of situation, the school is held liable for my disability rights. Not the Professor? could this be why when I cc'd the Superintendent/President of the College he got the Dean of Student services involved so quick? This has been going on since end of February. When Superintendent received my email Monday morning, he acted immediately.


 


What should I tell dean when she tells me the school is not at fault?

Expert:  Dimitry K., Esq. replied 1 year ago.

You are most welcome, Robert. Glad to help!

Technically the professor is the agent of the school, so if she makes an error the school is liable. But to me it appears that the real violation took place after the event when they failed to even discuss this situation with you in a serious manner. Your effect to the class may have been unexpected and unforeseen but it was in retrospect understandable, something that the school failed to even acknowledge. That is why I see the school as potentially liable.

The dean is obviously going to defend the school, but ultimately this shouldn't be about fault as that never resolves the issue, it should be finding ways of getting this resolved to the benefit of both. Threats from you should only come if they refuse to take action or responsibility--then contacting the media even would be a wise option to consider. But unless you want a fight, going in to find common ground would be more practical and prudent, something that you can also communicate to the dean.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37882
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 3 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.