Legal Question in Disability Law in Vermont
Is there a time limit in which you can sue a college for discrimination?
Is there a time limit in which an individual may sue a college for failing to provide adequate services for an identified disibility. { dyslexia } It has been aprox. 12 years since the individual was at the college. The individual withdrew because of the frustrations encountered with petitioning the college to meet special needs. We recently found a law that states that what they were doing was actually illegal. The only form of help they granted initally even though the party was identified as severly dsylexic prior to admission,was that the college assigned work study students to read books to the party. Three semsters later, they hired a part time tutor for a couple hours a week. Is it to late to sue the College?
2 Answers from Attorneys
Statute of limitations ran years upon years ago!
The time within which you had to bring your claim for discrimination based upon a disability endedyears ago. You had 180 days to fils an administrative claim with EEOC and probablya similar amount of time in the Vermont commission against discrimination. Although I am not familiar with Vermont law -- so you should consult with a Vermont attorney -- I would venture that you had 180 days there too.If you did not bring an administration claim 12 years ago, it is too late to do anything now.
Failure to Accommodate Disability
It's much to late to file on this issue. When an educational institution fails to appropriately accommodate one's special needs, the intent of the law is to give that person recourse to assure that the institution does put these accommodations in place. The individual must be "otherwise qualified" and are allowed to protect "the integrity" of their institution's programs. The courts grant considerable latitude to the institution when analysing these issues. From the brief facts presented, it would appear that your case would have been difficult even if timely, in that some accommodations were offered.
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