Maurice Daniel v. Brooklyn Law School
AdministrativeLaw SocialSecurity
IS AN ACADEMIC DEAN'S DECISION TO BAR A STUDENT FROM TAKING TWO MAKEUP EXAMS, AND KICK HIM OUT OF SCHOOL BECAUSE OF HER MISTAKEN BELIEF THAT THE STUDENT WAS MENTALLY ILL A VIOLATION OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT, AND IF SO, IS THE VIOLATION A MATTER OF STATEWIDE IMPORTANCE?
IS A DEAN'S DECISION TO RENEGE ON HER AGREEMENT TO ALLOW A STUDENT TO TAKE TWO OF HIS FINAL EXAMS AFTER MISTAKENLY PERCIEVING THE STUDENT AS MENTALLY ILL WHEN HE ARRIVED TO TAKE THOSE EXAMS AT THE AGREED UPON DATE AND TIME AN EXAMPLE OF AN EDUCATIONAL INSTITUTION'S JUDGMENT OF THAT STUDENT'S ACADEMIC PERFORMANCE, OR AN EXAMPLE OF AN OVERLY HARSH AND DISCRIMINATORY PUNISHMENT THAT IS IN VIOLATION OF TITTLE III OF THE AMERICANS WITH DISABILITIES ACT AND ITS SUBSET SECTION 8-107(4)(A) OF THE NEW YORK CITY HUMAN RIGHTS LAW?
WAS RESPONDENTS' DECISION TO BAR A STUDENT FROM TAKING EXAMS AFTER MISTAKENLY PERCIEVING HIM AS MENTALLY ILL A DISCRIMINATORY, ARBITRARY, AND CAPRICIOUS, ABUSE OF AUTHORITY -THAT IS IN VIOLATION OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT AND ITS SUBSET SECTION 8-107(4)(A) OF THE NEW YORK CITY HUMAN RIGHTS LAW?
DID RESPONDENT BROOKLYN LAW SCHOOL PROCEED IN EXCESS OF THEIR DISCRETION BY PERFORMING UNORTHODOXED ACTIONS THAT THE SCHOOL'S HANDBOOK DOES NOT EXPLICITLY ALLOW SUCH AS, BLOCKING A STUDENT'S ACCESS TO THE WEB ADVISOR PROGRAM, AND PLACING A "STUDENT EVALUATION" HOLD ON THE STUDENT'S ACCOUNT AFTER HE INFORMED THEM THAT HE WAS ILL AND REQUESTED A MAKEUP EXAM, AND DO THESE ACTIONS VIOLATE TITLE III OF THE AMERICANS WITH DISABILITIES ACT AND ITS SUBSET SECTION 8-107(4)(A) OF THE NEW YORK CITY HUMAN RIGHTS LAW?
Whether an academic dean's decision to bar a student from taking makeup exams and kick him out of school due to a mistaken belief that the student was mentally ill violates Title II of the Americans with Disabilities Act