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Darlene

Failure to accommodate disability

3 posts in this topic

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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Assuming for the sake of discussion that your allergy constitutes a disability covered by the law (and there may be some room for disagreement on that), then, under 504 and, perhaps also, the ADA, the school is obligated to provide reasonable accommodations to you. However, the reasonable accommodation requirement does not require any modification or accommodation that would fundamentally alter the nature or purpose of the school's program or that would cause an "undue burden" on the school.

 

You would need to document your request for a reasonable accommodation -- define what is it you want the school to do for you.

 

The school is not necessarily required to provide your preferred accommodation, and certainly can explore other accommodations besides what you may ask for from them. However, the school does not have to undertake action that would cause an undue burden on it -- to do things that would fundamentally change the program or that would be unreasonably expensive.

 

It isn't clear from your post what it is you want the school to do.  Relocating the med program or the vet program to a different building, or installing a filtration system, certainly seem like they might be undue burdens on the school, although one would want more information before drawing any definite conclusions.

 

Offering you a transfer to a different location (assuming that the other location doesn't present any significant likelihood of pet hair) seems like one possible reasonable accommodation.  You're not necessarily required to accept that offer, but you probably would need to come up with another alternative that would work for both you and the school to be able to stay in the program.

 

Having a meeting with you is an appropriate way to explore options.  If the school's lawyer is present, you may want to bring your own lawyer to the meeting to assure that your interests are protected.

 

 

28 minutes ago, Darlene said:

Also, the people that work in the office bring their dads and let them roam around the building at any giving time

 

I know this was a typo and that you probably meant to say that people bring their dogs and let them roam the building.  Still, it made me smile to think about dads wandering around the school offices.

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