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Darlene

Failure to accommodate disability

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I start attending on August 20th Community College of Denver for the program of a surgical technician.

After a couple of weeks, I developed a rash all over my body that had me go into anaphylactic shock two times, and I was rush to the hospital.

After weeks of treatment, I found out that I was allergic to cats and dogs, and that my allergies were environmental.

I discover that in the building where I take my class there is also a veterinarian technician program and that people take animals there all the time. Also, the people that work in the office bring their dads and let them roam around the building at any giving time.

 

After having a meeting with accessibility service from Community College of Denver, they guaranty me that I will not be taking out of the program and they are going to figure out what was the best way they could accommodate me.

Two hours later I was meeting my Teacher that is also the director of the program so I could take a test.  She gave me a number of a different college program that is 1 hour away from me, that they had approved for me to go to that school, something that I did not ask for, they also told me that I had to drop my class and that I was not allowed to go back to school, because it was a liability for the school.

I was shocked because 2 hours earlier it was a completely different conversation.

The director of the program also mentions that they don't have the proper filtration in the building for them to allow me to be there.

 

The dean of my school emails me mentioning that they want to have a meeting with me and their legal counsel.

 

I am not sure what to do with this, I feel that they are trying to make me go away and not take responsibility about my health and also they are taking my education away for something that was created from the school. I never heart that a medical and vet department should be in the same building or floor for that matter for health reason. This has disrupted my life, I had to make changes about every single aspect and I think is not fair what they are doing to me and how they are treating me.

 

Can anyone please help me?

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1 hour ago, Darlene said:

the people that work in the office bring their dads and let them roam around the building

 

What's the world coming to?!

 

 

1 hour ago, Darlene said:

Can anyone please help me?

 

Well...what exactly are you expecting to happen?  It would be absurd to think that the school ought to move the classes just to accommodate you.  Isn't there some medication you can take to control your allergies?

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CCD is a college that receives federal funds and thus is subject to the Rehabilitation Act of 1973, a federal law that among other things prohibits colleges/universities that accept federal funds from discriminating against students with disabilites and that requires the colleges/universities to provide reasonable accommodations for disabilities to put them on an equal footing with other students. The key word here is reasonable. The college does not have to make accommodations for you that are too expensive or burdensome for the college. CCD would have a difficult time relocating an entire program just to accommodate you, and thus I don't see that happening. The school can offer other alternatives to deal with the problem. You can also offer some suggestions that might work other than relocating one of the two programs. Try to see if you can negotiate something that both sides can live with.

 

If you can't come to an agreement then you can consult an attorney who litigates cases under the Rehabilitation Act to see if you might have a claim to pursue. But it may also end up that you need to change your education plans in some way. Sometimes you just have to accept that your allergy will get in the way of things that you want to do. You'll not always get to force others to keep their animals away from some place you want to do. Those pet owners have some rights too, after all, and there needs to be a balancing between your rights and theirs.

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Where I have the problem is that my doctor asks for me to be away for three weeks from the school because my body was too weak to handle another anaphylactic shock, till we could figure out a medication that I could for me to co-exist with this allergy. When I mention this to my teacher at first, they were ok and accommodated, but my teacher says that I should first go to the accessibility service that way she could reinforce the accommodations.  Two hours after I left accessibility service the teacher handed me a paper letting me know that she talks to another college and I approve to that school's program. That I had to drop my class (that I pay out of pocket) 
 I refuse that offer because I did not ask for that and later that day, I was sent an email from the dean letting me know that they want to sit with their legal counsel and me.

I felt horrible and discriminated, I only was asking for 3 weeks so I could get my health under control, and they were kicking me out of the program.  

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You have not been discriminated against. The school has several plates they have to keep spinning when dealing with this.

 

1. Doing their best to provide you with "reasonable accommodations."

2. Not getting sued if you get sick.

3. Providing education to lots of other people.

 

Darlene, the school is trying to work with you. They don't seem to be trying to kick you out of the program. Go talk with the Dean.  If you don't they will sooner or later be able to say "to hell with you, we tried."

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