Sunday, November 30, 2008

Lawsuit for Dorm Rights in Michigan

MICHIGAN, The Detroit News—

The Michigan Protection and Advocacy Service is suing Oakland University on behalf of Micah Fialka-Feldman, a 24 year old with mild cognitive impairment. Fialka-Feldman attends courses and participates in campus life through the special program, but is not a student officially admitted to the University. The Michigan Protection and Advocacy Service says Oakland University should permit him to reside in the dorms as a reasonable accommodation, and is in violation of the federal Fair Housing Act and Rehabilitation Act by not doing so.

According to the Detroit News, the program Fialka-Feldman attends “… was designed for college-age students with cognitive disabilities who couldn't be admitted to Oakland under the regular admissions standards”. Through the three-year program, participating individual develop social, vocational and independent living skills.

SOURCES:

Disability Advocacy Group Sues Oakland University Over Student Dorm Issue

http://www.detnews.com/apps/pbcs.dll/article?AID=/20081128/METRO02/811280401

Oakland U Sued in Dorm Case

http://www.detnews.com/apps/pbcs.dll/article?AID=/20081129/SCHOOLS/811290380

RELATED:

The documentary and website, “Through the Same Door” chronicles Fialka-Feldman’s search for inclusive housing.

http://www.throughthesamedoor.com/

Disability Nation’s article, “Battle for Inclusion” includes an interview with Fialka-Feldman and his family as well at YouTube clips:

http://www.disabilitynation.net/blog/battle-inclusion-michigan

40 comments:

Anonymous said...

Personally, I consider this a tough matter to side on. On one hand, it is completely wrong what the University is doing by not allowing him to formally become a student at the University. By allowing him to be accepted into the University, he would have the right to reside on-campus and live in the dorms. On the other hand, the program which is explained by the Detroit News specifies that he is not a student at the University, he simply sits in courses, pays regular tuition, but does not earn a grade. Therefore, he cannot live in the dorms (not accepted into the University). If the student is paying tuition and sitting in on all lectures, he should be earning a grade. It seems the University is taking advantage of students through this program. Yes, they are learning how to live independently and how to socialize, but they are not earning their degree even if they pass the course.

Nancy C.
12 of 12

Anonymous said...

I believe that the Michigan Protection and Advocacy Service are doing the right thing by suing Oakland University. I think its not fair for the student not to be able to live in the dorms, which would make things alot more easier for him to navigate around the campus. I think someone needed to do something about the whole situation and someone actually did, and I think thats great. I hope the best for the student and I hope everything clears up.

-Cristina Lo.

Anonymous said...

I don't believe it's fair for the student that they aren't letting him reside in the dorms. I mean if he's attending classes and paying his tuition like any other student then he should also be allowed to stay in the dorms and be formally accepted to the university. Although I do agree with Nancy's comment that it really is a tough case because since Fialka-Feldman hasn't been formally accepted to the university they can't really let him reside in the dorms. I sure hope everything clears up for the student though.

Rosario G.

Anonymous said...

Blog 11
Even though Feldman is not officially admitted to Oakland University, he is still a student under a special program through the university. The Michigan Protection and Advocacy Service do indeed have a legitimate case since the university is obviously in violation of the Rehabilitation Act of 1973 particularly Title V, the Civil Right Restoration Act of 1988 and of course, the 1988 Fair Housing Amendments Act. The university is clearly in breach of contract as well since they have enacted a program designed especially for college-age students with cognitive disabilities on their campus. Since this three year program is supposed to help those with cognitive disabilities to be allowed full participation in a program designed to help them develop social, vocational and independent living skills, what is not being honored here is the independent living skills portion of their program. To fully teach these students about independent living as a college student, living in a dorm is part of this teaching. I believe that once the university gains a clearer understanding of their obligation under this program and the meaning of independent living, they will comply.
Diana F.

Anonymous said...

I have to disagree with Nancy C. in that it is obvious that the university has agreed to a 3-year program designed for people with cognitive disabilities. Clearly, the university is not honoring their side of an established contract/program.
Diana F.

Anonymous said...

Although I can see both sides of the issue, I feel that Oakland University must honor the Fair Housing and Rehabilitation Act and allow Micah Fialka-Feldman to reside in the dorm rooms at the university. Despite the fact that Mr. Fialka-Feldman is not officially considered a student at Oakland University, he is enrolled in a “special program” at the university that permits him to attend classes and participating in campus life. I, for one, feel that being a college student means doing exactly what Mr. Fialka-Feldman is doing; attending classes and participating in campus activities. So why shouldn’t the officials at Oakland University permit him to reside on campus? According to the Michigan Protection and Advocacy Service, the university is in violation of the Fair Housing and Rehabilitation Act by denying Mr. Fialka-Feldman the right to reasonable accommodation. If Oakland University has instated a “special program” that allows individuals with cognitive disabilities to essentially be considered a student at the university, then officials at Oakland University should allow them to be a part of every aspect of college life.
Matthew V.

Anonymous said...

i strongly agree with the first posted comment...as an individual who is NOT an admitted student at the university the university has every right to deny housing BUT if the student does get accepted the student is granted everything a regular student shall recieve...

-gary g.

Anonymous said...

I do not this it is fair for students not to be able to live in the dorms. In the dorms student learn how to interact with other students and learn time management skills. These are two important skills that will help them in the workforce. Being around other student promotes one to strive for better education. In general this will help meeting friends that can help the student for exams. Also, being provided with the services that are located close on campus provides easier access. Some students that attended Pan American find have a difficult just finding parking to go to the library to obtain information, and this could be a situation that could be prevented if one was living in the dorms. Michigan Protections and Advocacy Services are taking the right approach on the situations and in general by helping other students that may encounter this problem. A proper accommodation is protected with ADA and this student should be able to attend any college they chose.
M. Munoz

Anonymous said...

I disagree with the university.. I feel that if the university is allowing this student to sit in the classes and participate with other students why not let him associate with students who live in the dorms? why not let him live in the dorms and be like everyone else? he also should be earning a grade.. if not he shouldnt be paying tuition!!! i totally agree with everyone on suing the university for not allowing this young man into becoming a student and allowed to live in the dorms!! I hope he wins his case!! GOod Luck!!

joelia n

Anonymous said...

I agree with Joelia on why isnt he able to live in the dorm like everyone else is offered.
M.Munoz

Anonymous said...

There are many different issues that deal with this matter. It may seem wrong not letting this individual obtain his grades even if he is actually attends all classes. If this individual is paying for classes he should be allowed to stay in the dorm. I also believe like other individuals that he has right and that the university is using he for there own personal research as it seems.

Jenny G.

Anonymous said...

It would be hard to single handedly state that what the University of Michigan is doing is wrong, due to the fact that the individual is addmited under a diffrent program, and not an "Offical" student. Granted it could be noted that this is, but a loop hole, the University created or is enforcing to negate acountability and liability in this matter, or any other that involves people with mild cognative disabilities. What would best be suted would be an examination of the program in which the person is currently addmited under,and what legal aspects it holds, and what future changes should be amended to that program which could possibly allow University regulations as fully admited studetns, and rights which would be allowed first, before a hasty law suit is enstated.

Chris W.
9 of 12

Anonymous said...

People with disabilities have the right to live independently and it's backed up with the fair housing and rehabilitation act of 1973. Therefore, I do believe this University is violating these rights by not giving the accommodations necessary for the student to reside in the dorms. If she is already part of the university under any kind of circumstances she should also be permitted to live on-campus like any other student. It is shocking to see how still in this century people with disabilities are not getting their full rights like they should.

Karen L.

Anonymous said...

I do not understand why if he is attending classes just like any other college student, he is still not enrolled in the college as a student! I wonder if it is in order for the college to not be liable in case something happens or there is another important motive for this happening. He should be able to be enrolled and if needed have a dorm in college!
-brandon R.

Anonymous said...

Here we are several years after the Fair housing act was passed and individuals with disabilites being discrimated agains. If the student is paying tuition and sitting in the class room whats the argument for not allowing the student to stay at the universities dorms.The program sounds liike a great program allowing the student to learn independent living skills so i see the student winning the lawsuit because of the fair housing act passed some 20 years ago. I would like to see what the office for people with disabilites have doene about the issue as well.
Emede R.

Anonymous said...

I personally could relate to the way Cristina Lo. felt. I feel the same way and agree that what the Michigan Protection and Advocacy Service is doing the right thing by suing Oakland University.
Caleb B.

Anonymous said...

This will be an interesting case. How does a University allow a non student to live in student dormatories? What is the liability of the University should a non-student be injured or injure some one else while living in the dormatory? Under the Independent Living Movement philosophey it is the environment that has to change and advocacy and action is what brings about change. The action in this case is the filing of the suit. Should the court find in the favor of the plaintif, what else will the University then be required to provide for a non-student? Will the non-student require a person to stay in the room or next door to provide assistance when needed? At what cost and who will pay? I am not aware of Federal or State programs that provide lodging for non-students. As previously stated it will be interesting. I think Nancy has it correct, accept him as a student. He is paying fees and attending class. Russell A.
I now believe this is 12 of 12.

Anonymous said...

I have two points of view about this article. First, this article has failed to provide how long he has been an unofficial student and whether he is getting tuition help from the government. I know it may seem unimportant but it is. If he has been a student who has been repeating and repeating courses with help from the government then he should not have the right to live in the dorm. That dorm room will be more useful to someone who can pass their courses and be out in 3 or 4 years. My other point of view comes from knowing about the Fair Housing and Rehabilitation Act. Because Flaka-Feldman is not allowed to live in the dorms, the university is violating this Act. Feldman is a citizen of this country and should be treated like one with all the rights other citizens are entitled to.
-Elizabeth H.

Anonymous said...

I agree with Nancy. If he is doing his work he deserves to be graded like other students.
-Elizabeth H.

Anonymous said...

As a resident of a dorm, I do believe that everybody deserves the right to live on their own and close to school. As a student he is paying for tuition and is following all other requirements that are needed for attendance within the program. I also believe that the Michigan Protection and Advocacy Service are doing the right thing by suing Oakland University. They are violating the student rights, and the rehabilitations act. The way the University program is designed is also not of valid, because student with disability are going to class and making their best attempts to learn, and is not fear for them to pay and do everything as any other student but obtain a grade. They are not giving a student with a disability the chance to prove themselves when they do not allow them to obtain a grade for their classes.
Laura S.

Anonymous said...

Im my personal view of this whole situation, i think that Michigan Protection and Advocacy Service are doing the right thing by suing Oakland University, I can not believe how they are not giving this student the services he is required to have because he has a disability. This student obviously wants to learn and do something with his future. I feel the Oakland University is not giving him the chance to have more this convient/comfortable for this student.
Jennifer G.

Anonymous said...

I think Nancy C misses the point of inclusion of inmdividuals with ID. This individual attends classes as a means of experiencing college. Research shows even this small involvemen helps in the devdelopment of people with ID. If individuals with ID are to be allowed to audit courses, why not allow them to have the dorm experience too?
DavidW reaction blog

Anonymous said...

It's wrong what they are doing, allowing him to participate in campus for on campus activities however taking away his right to live on campus. The Dorms should be available to everyone who is a student, no matter what kind of disability or sickness they might have.

Sabrina D.

Anonymous said...

I think what the University is doing is horrible! If the student is active in the university why not allow him to staty at the dorms? It would make it so much easier on him to get around and do all that he needs to do. I really hope this issue gets resolved.
Alma R.

Anonymous said...

I dont understand the reason behind the Univerisity not allowing the student to live in the dorms. I believe that the Michigan Protection and Advocacy Service is doing the right thing and have a good probability of winning the suit. Hopefully this will open the doors to many other people with disabilities in Universities.
Paty c

Anonymous said...

ihoihoihloijloijlnl
lkihkujhbkb

Anonymous said...

In regards to Micah Fialka-Feldman, if the university sees it fit for him to spend his money in order to take courses at this school, then they should fully accommodate this student’s desire to live on-campus. Many times, even those highly educated like these school and state officials are, a sense of insensitivity and ignorance may still linger on way after one receives a fancy college degree.
cris M.

Anonymous said...

I am in total support with Michigan Protection and Advocacy service who is suing on behalf of 24 year old mich Fialka-Feldman. The oakloand University should support such cases. This seems to be a direct voilation of Fedral fair housing Act. The University instead should go out of the way to accomadate such cases.

Puri.V

Anonymous said...

I understand both sides of the situation but I still believe that that student should be able to reside in the school dorms. It is not fair for the student to pay tuition and not reveive all the benefits.Noelia B.

Anonymous said...

I feel that the University should admit Feldman into the dorm, I do not see the harm in doing so. The University would still be getting financial compensation and Feldman would be experience true college life. I opted out of the tradition college experience and choose to go to the community college, so I never experience dorm life. This has been something that I have wished I had done differently. Often I hear different experiences from friends about dorm life and I often think that this has made their experience in college different from mine. This is what I feel I am missing, I would hate to think that Feldman would not have the same opportunities afford others.
~Marlene H. 11 out of 12

Anonymous said...

I agree with everyone else. They should let Feldman stay at the dorms so it can be easier for him to get around campus. If he is paying for tuition he should have the right to live on campus.
Alex S.

Anonymous said...

I think it is important to understand rules. I personally believe in fairness, equality.. and because of that i think the University of Michigan is right because they are not saying they are not admitting the student because of his disability, it is because he is not a student, it is for everybody, not just for people with disability. Maybe there is a way where he could convince the University to make an exception with him. It is strange that a student goes to class, pay tuitions and dont earn a grade. I dont understand that part, but in general what i think he should talk to the University in a different way to have a agreement, not fighting over a implanted rule.
Claudia P.

Anonymous said...

I feel that The Michigan Protection and Advocacy Service are doing the right thing on behalf Fialka-Feldman. He is part of a program and does attend classes and pay tuition. However I don't believe it is fair that the university is not allowing him to stay at the dorms. Since Fialka-Feldman does pay the University already, i dont see what the problem would be to make accomidations for him to reside there on campus. I am aware that he is not an official student but regardless of the matter he still does attend classes even if he doesn't receive a grade for them.
Stephanie P

Anonymous said...

wow that is pretty crazy, in a way its not right especially because what is this part doing to the person. Showing isolation and that person does not belong; i just think its just wrong especially when a university "imposes" that they are all for persons with disabilities and their individualism but in the end they can't commit. Universities take alot of money from their students even though thru the program that Fialka-Feldman the money goes to the program but I'm pretty sure that the university gets something for having the participation of allowing the program; they should allow opportunities to the fullest if they allow a part of it. It's just shady and the university should be ashamed of itself.
Crystal O.

Anonymous said...

If Micah Fialka-Feldman attends courses at Oakland University and participates in campus life thru special programs,in my opinion that makes Micah a student of the university,why make such an issue about permitting him to reside in the dorms, at least Micah is doing something with his life(getting educated), let's give Micah some credit here and let him go forth with his GOAL.
But Nancy G. raises questions,like if Micah pays tuition fees and sits in lectures, why is he not receiving grades? Something is wrong with this picture,and yeah, who is taking advantage of whom, what, and why??
Teresa E.

Anonymous said...

This is indeed a treacherous issue. The University here has clearly stated that students under this program are not formal, full-fledged students, but it just sounds wrong. From a glance it does indeed look like the University s taking advantage of these students. I mean they are paying and attending courses, so if you are going to put them through all that, plus not let them live on campus, at least give a degree right?

Joshua P.

ellen said...

I watched the videos related to this story. This is such an interesting situation. There is one thing I did not find answered - but it is entirely possible that it was discussed and I missed it.

One pertinent question for me is:
Suppose Mr. Fialka-Feldman's work was being graded AND he was receiving all applicable accommodations, would his GPA allow him to continue attending Oakland University? If this were the case, it would suggest that, he simply needed the University to waive entrance requirements, not treat him as a class auditor. I think this line of reasoning would be a strong argument for his being allowed to live in the dorms.

On the other hand, since there are more individuals attending the University through this special program, wouldn't it be wonderful if there were an independent living situation adjacent to the campus? If Mr. Fialka-Feldman looses his case, advocating to establish an IL house/dorm would be a wonderful next step! IMO
Margaret T.

Anonymous said...

In my opinion I think what the University is doing is very wrong! We live in the United States where evryone should have equal rights and in my opinion this student is not having equal rights. This student is paying tuition and is a student at this University thefore he should be able to live in a dorm. I am glad there doing something about this and i really hope this student gets to live in a dorm. I wish this student the best of luck and hope everything clears up for him.
Alejandrina T.

Anonymous said...

I agree with michigan protection and advocacy service. I mean if the student is obviously well enough and capable of attending classes then he should be able to stay where all the other students stay.

Estefanita G.

Anonymous said...

Hi !.
You re, I guess , perhaps very interested to know how one can reach 2000 per day of income .
There is no need to invest much at first. You may begin to receive yields with as small sum of money as 20-100 dollars.

AimTrust is what you need
The company represents an offshore structure with advanced asset management technologies in production and delivery of pipes for oil and gas.

Its head office is in Panama with offices everywhere: In USA, Canada, Cyprus.
Do you want to become really rich in short time?
That`s your choice That`s what you really need!

I`m happy and lucky, I began to take up real money with the help of this company,
and I invite you to do the same. If it gets down to choose a correct partner utilizes your money in a right way - that`s it!.
I earn US$2,000 per day, and my first investment was 500 dollars only!
It`s easy to join , just click this link http://ydoxeqidy.dreamstation.com/katihi.html
and lucky you`re! Let`s take this option together to become rich