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Dwayne B.
Dwayne B., Attorney
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Experience:  Began practicing law in 1992
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I am 19, a senior in high school, and I have social anxiety

Customer Question

I am 19, a senior in high school, and I have social anxiety disorder, PTSD, and depression. The school is clear on that. But during the entire basketball season, the coach never let me run through even one play in any practice, ever. Not even one play. I was the only senior who was subjected to this, and it was devastating.

Last year, I was at a different high school. They didn't assess me for an IEP or 504 plan despite the advocacy of my mom, doctor and psychiatrist. My mom just kept being told. "He's fine, he's fine." The school forced me into an English class based on the themes of human cruelty and suffering. I couldn't read the novels, I got really depressed. My mom notified the school, as did my doctors, that I couldn't stay in that English class. I hadn't been able to get out of bed for a while. The school flunked me instead, said I was fine going to that class. My English teacher even told the class one day that there was "no such thing as 'depression, that we just needed new hobbies.

That year the basketball coach called me gay, and a fag, etc.,and wound up not letting me on the team because I didn't "fit in with the other guys." Also, the team had told me that I had to be part of a disgusting hazing sexual ritual. My mom and I went together to report this to the superintendent. He did nothing.

I had problems the year before that, at yet another school. I was bullied, beaten, threatened with rape and murder if I showed up for basketball tryouts. I was denied a basketball tryout, in the end. So I haven't gotten to play basketball, the one thing that gives me any sort of peace, and high school is over. I deserved the same opportunities that everyone else got.

I'd like to file charges, it was disability discrimination, and I can't ever get the time in high school back.
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.

Good Morning. I am truly sorry to hear that you have had such problems. The Neanderthal coach and English teacher should have been fired. You cannot "bring charges", because that connotes a criminal proceeding. You may or may not have a right to bring a civil suit against the school and the school board for monetary compensation. This is a guide to student rights under CA law: https://www.aclunc.org/issues/lgbt/lgbtq_student_rights/ also see: http://www.splcenter.org/what-we-do/lgbt-rights/students-know-your-rights which mostly deal with Federal law.

You should contact the LGBTQ organization closest to you for assistance. They will often be able to refer to attorneys who handle cases like yours. I wish you the best. and remember: There is life after High School, and it often gets much better.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Customer: replied 1 year ago.

I'm not gay, I have disabilities.

Expert:  Irwin Law replied 1 year ago.
Okay thanks for the update. It's no sin NOT to be gay.:-) I'm not either, but know many who are. The LGBT organizations probably have a lot of information to help people who, like you are not gay, but are still subjected to the same shabby treatment. I hope you will continue with your education and if so, you should be aware of what rights you have with regard to educational institutions. This appears to be a fairly comprehensive discussion: http://www.washington.edu/doit/Brochures/Academics/psych.html Most laws dealing with persons with disability do not provide the basis for damage suits - only remedial action. Usually, properly prescribed medication is more likely to solve medical problems than litigation, especially where the other party is a public institution that has soverign immunity (from suit). People do not appreciate the amount of stress and anxiety that is involved in a lawsuit. I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
Customer: replied 1 year ago.


Wow, you are suggesting that medicine is the answer to my disability discrimination?


 


I have some protections under the law, and I want to know who I can raise hell with OTHER than OCR.

Expert:  Irwin Law replied 1 year ago.
I simply meant that Anxiety and Depression are disorders that can be treated with medication. I am not an ADA specialist, so I will opt out and open the question to others who might be more able to answer your question. Please do not reply to this posting because that sends the question back to me.
Expert:  Dwayne B. replied 1 year ago.
I see the other expert opted out. I'd be glad to try and assist. However, I'm not sure what you are looking for. Can you tell me what you want to achieve so I can examine the proper road to get there? Please be as specific as possible. Knowing "who I can raise hell with" isn't really a legal question and, in addition, is too general to answer.
Customer: replied 1 year ago.

I was discriminated against because I have a disability. High school basketball is over for me, and I missed the opportunity to play. My mom provided everyone with the most reasonable easy accommodations, and they were ignored. I'm supposed to get equal rights.


1. Is there a government office that I can report these disability discriminations to, other than Department of Ed's OCR?


2. Is there a government office that I can report this to in the Department of Justice?


3. Is there a way to make information about all/any of this public? Everyone on the basketball team knows I never got to run even one play, but people in the community think this guy is a saint.


4. The school isn't going to do anything because he is such a winning coach.


5. Is there a way to complain, or file a lawsuit, against CIF for keeping me ineligible?


What do I want to achieve? To some people I might seem a little awkward. Sometimes I freeze and can't say anything. I have a lot of fear. I was bullied for years. I've switched schools 3 times.


Could you tell me? What forms of justice are open to me? A lawsuit, what kind? Complaints to government agencies? Who? It is against the law to discriminate against someone with disabilities, but there aren't police to call for it, are there.

Expert:  Dwayne B. replied 1 year ago.
1) You could report it to the Department of Justice. There is some general info on that at http://www.ada.gov/enforce.htm

2) The info for reporting it is at http://www.ada.gov/enforce.htm#anchor218282 including the forms you use

3) Just through the media. You can try contacting your local newspaper and television stations. There is no government office that will help you with that, of course. You can also hire your own publicist to help.

4) No question here

5) Yes, you could file a civil rights lawsuit. That is an extremely specialized are and you would need to hire a lawyer that does a lot of work in that area. You can look for one at www.lawyers.com.

Your last paragraph is basically a repeat of the questions covered above.

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up.

However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.
Expert:  Dwayne B. replied 1 year ago.
Did you have any additional questions?

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