Federally Assisted Post-Secondary Institutions:
Treatment of Students

Regulations
Case Law

Regulation:

34 C.F.R. § 104.43; 45 C.F.R. 84.43 - Treatment of students; general

(a) No qualified handicapped student shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any academic, research, occupational training, housing, health insurance, counseling, financial aid, physical education, athletics, recreation, transportation, other extracurricular, or other postsecondary education program or activity to which this subpart applies.

(b) A recipient to which this subpart applies that considers participation by students in education programs or activities not operated wholly by the recipient as part of, or equivalent to, and education program or activity operated by the recipient shall assure itself that the other education program or activity, as a whole, provides an equal opportunity for the participation of qualified handicapped persons.

(c) A recipient to which this subpart applies may not, on the basis of handicap, exclude any qualified handicapped student from any course, course of study, or other part of its education program or activity.

(d) A recipient to which this subpart applies shall operate its programs and activities in the most integrated setting appropriate.

Case Law:

Department of Education's Office of Civil Rights Cases

Bluffton University (OCR Case No. 15042042) - University did not have adequate due process and grievance procedures in withdrawing student from the university.
California State University - Hayward (OCR Case No. 09042016) - University did not provide Braille signage and had some mishaps with its shuttle bus transportation.
DeSales University (OCR Case No. 03042041) - Process that the university used in denying housing to a student did not comply with Section 504 and the university had no grievance procedure for complaints of disability discrimination.
Jefferson Community College (OCR Case No. 04912089) - Many of its buildings were inaccessible.
Providence College (OCR Case No. 01932007) - College held commencement at an inaccessible off-campus facility.
San Diego Community College District (OCR Case No. 09982154) - The complainant alleged that college district had discriminated against her on the basis of her psychiatric disability. The OCR found that the particular disciplinary process that was applied excluded the complainant from the district's educational program based on her status as an individual with a disability in violation of Section 504 and Title II of the ADA.
University of Arizona (OCR Case No. 08932012) - Inaccessible theatre building.
University of Massachussetts - Amherst (OCR Case No. 01932011) - University did not provide adequate accessible parking spaces and a cafeteria was not accessible.
University of Illinois at Chicago (OCR Case No. 05-04-2033) - University had a comparable resolution process to OCR.
Yale University (OCR Case No. 01912040) - University's performances was inaccessible because the building was inaccessible.

Department of Justice Settlement Agreements

University of Chicago

Federally Assisted Post-Secondary Institutions: Treatment of Students

Regulation:

Case Law:

Department of Education's Office of Civil Rights Cases

Department of Justice Settlement Agreements

Federally Assisted Post-Secondary Institutions:
Treatment of Students