Michigan university sued over rights of disabled student to live in the dorm

From The Detroit News Nov. 28:

The Michigan Protection and Advocacy Service has filed a lawsuit against Oakland University, alleging the university has failed to follow federal fair housing and disability rights laws when it denied a student's request to live in the dorms.

The suit was filed Tuesday in U.S. District Court on behalf of Micah Fialka-Feldman, a 24-year-old Huntington Woods resident who has a mild cognitive impairment that hinders his ability to read and write. Through a special program called OPTIONS, Fialka-Feldman has been sitting in on courses, volunteering on campus and participating in clubs.

Last year, Fialka-Feldman arranged to live in the dorms on campus. But before move-in day, the university withdrew the housing offer, saying Fialka-Feldman is not eligible to live in the dorms.

The suit alleges that Oakland violated the federal Fair Housing Act and Rehabilitation Act by failing to provide a reasonable accommodation. The service advocates for people with disabilities.

"He should not be denied the opportunity to experience dormitory living simply because of his disability," Elmer L. Cerano, executive director of Protection and Advocacy Service, said in a statement.

Oakland University declined to comment on the suit because it's pending litigation. But in past interviews, Oakland University leaders have said the university welcomes students with disabilities and about 40 degree-seeking students with disabilities currently live in the dorms. However, Fialka-Feldman and the eight other OPTIONS participants aren't eligible because they aren't students formally admitted to the university.

The OPTIONS program was designed for college-age students with cognitive disabilities who couldn't be admitted to Oakland under the regular admissions standards. Fialka-Feldman pays a program fee that's equal to the cost of tuition, but doesn't earn grades in his courses. The goal is for OPTIONS students to hone their intellectual and social skills in order to find a job and live independently after completing the three-year program.

Oakland University maintains the housing rules are clear and have been in place long before Fialka-Feldman. Only students who are formally admitted to the university, taking at least eight credits, and seeking a degree are eligible for dorm living. Fialka-Feldman was denied not because of his disability but because he doesn't meet those standards, Oakland leaders have said.

Nearly 1,500 other students in non-degree programs or continuing education classes would be ineligible for housing as well, university spokesman Ted Montgomery said previously. To get to class each day, Fialka-Feldman boards a SMART bus near his parents' home about 7:30 a.m. to make it in time for his 10:40 a.m. class.

"I want to meet other students in the dorms and have a chance to have the full college experience," Fialka-Feldman said of his quest to live on campus. "I can wake up and go to my class and not take a bus for two hours."

Fialka-Feldman has petitioned Oakland leaders to reverse its decision to deny him on-campus housing. Fialka-Feldman, a public speaker on disability rights, has addressed the university at board meetings; he collected about 1,000 signatures from students during a petition drive and reached out to local media. Oakland's student government and numerous other supporters have joined Fialka-Feldman in petitioning the university to allow OPTIONS students access to the dorms.

When these efforts failed, the lawsuit was the last resort, Fialka-Feldman said. No trial date has been scheduled. He hopes the court will order Oakland to provide him a room on campus by early 2009.