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Be ready for a lawsuit even if OCR finds no violation
Author(s) -
Masinter Michael R.
Publication year - 2016
Publication title -
disability compliance for higher education
Language(s) - English
Resource type - Journals
eISSN - 1943-8001
pISSN - 1086-1335
DOI - 10.1002/dhe.30166
Subject(s) - lawsuit , complaint , section (typography) , damages , law , liability , plaintiff , face (sociological concept) , accommodation , political science , psychology , business , advertising , sociology , social science , neuroscience
Most students who believe they have been wrongfully denied an academic adjustment or reasonable accommodation complain to the Office for Civil Rights rather than sue under Section 504 of the Rehabilitation Act or the Americans with Disabilities Act. They file OCR complaints for two reasons: you don't need a lawyer or the associated costs to complain to OCR, and OCR is often thought to be more likely to be receptive to a complaint than is a federal judge. But even when OCR finds no violation, a student can still sue for damages under Section 504, and a school may still face liability despite the OCR finding.