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November 9, 2009, 01:47 PM ET
University Asks Quadriplegic Student to Move Out of Dormitory
A quadriplegic student at Oklahoma's East Central University is being told to move out of his dormitory unless he hires an assistant to stay with him overnight to help with his personal needs, The Oklahoman reports. Joshua Jackson, a 35-year-old student who broke his neck in 1999 and lost the use of his legs, says the $11,000 it would cost to hire an overnight assistant is beyond his means. The university says it's a matter of safety, declaring that if Mr. Jackson needed to leave his dorm in the middle of the night, in an emergency, he might not be able to do so.
Comments
1. crunchycon - November 09, 2009 at 04:17 pm
Illinois has a dorm for students with disabilities...
2. 22213708 - November 09, 2009 at 05:08 pm
Sniff, sniff. I think I smell a successful lawsuit coming
3. cbres - November 09, 2009 at 05:11 pm
A successful suit depends on whether the court finds that the university made a reasonable accommodation or not.
4. icanhazphd - November 09, 2009 at 08:50 pm
When I was an undergrad, living on campus we always had a Resident Assistant, or Dorm Mother or whatever you want to call them. One of their duties was to ensure safe evacuation during an emergency. I don't think they have all those students living in a dorm without some "professional, responsible adult" living on the premises.
5. nbcglx - November 10, 2009 at 09:45 am
During a fire drill or similar event, I can see counting on a RA or similar position to assist those unable to help themselves. However, during an actual emergency when students are inevitably panicing, you cannot assume nor require that the RA or similar position can or will assist the students unable to help themselves escape. Making that a requirement would be a legal nightmare because, among other things, you are making that person legally responsible for another person's life; this is not a task that a RA or similar position assumes.
Also, and I don't know the specifics here, but ECU is a relatively small university and they may not be required to make ADA accommodations to the same standards as larger institutions. Again, that may or may not be true because laws vary widely.
6. motomarcus - November 11, 2009 at 11:08 am
Additionally, the idea that the RA or other staff member is always present during such events as an evacuation is unreasonable. All undergraduate and graduate residential staff are students, thereby enrolled in classes, doing library hours etc. They are simply not available 24/7. Same goes for professional staff: although many reside in the hall/complex they supervise, they are not affixed to that location.
The Chronicle blurb is insuffient to draw any particular conclusions, but certainly the U can't summarily remove this student due to a disability.
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