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.
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?
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.
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