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Sunday, November 17, 2024

Student Alleges University Failed Disability Accommodations Under ADA

Federal Court
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Susie Morgan, District Judge at USDC Eastern District Louisiana | https://upload.wikimedia.org/wikipedia/

A lawsuit has been filed against a prominent educational institution, accusing it of failing to accommodate a student's disability needs, leading to significant academic and personal hardships. On September 25, 2024, Noah Hansard lodged a complaint in the United States District Court for the Eastern District of Louisiana against The Board of Supervisors for the University of Louisiana System and its President, Richard Gallot Jr.

Noah Hansard, who suffers from paraplegia due to a gunshot wound sustained in 2022, claims that his educational experience at the University of New Orleans (UNO) was marred by inadequate accommodations for his disabilities. As per the lawsuit, Hansard requires wheelchair mobility and remote attendance capabilities due to pressure ulcers and sepsis exacerbated by physical transfers. Despite notifying UNO's staff about his condition and obtaining an accommodation agreement with Professor Lothar Birk for remote class attendance via Zoom, Hansard faced numerous technical issues that hindered his learning. "Unfortunately our classroom technology is not great and sometimes fails altogether," admitted Professor Birk in response to Hansard's complaints about poor audio and video quality during lectures.

The plaintiff alleges that these technological failures were compounded by Professor Birk's refusal to upload lecture recordings, citing time constraints as the reason. This lack of accommodation resulted in Hansard receiving a failing grade in one of his courses, which subsequently delayed his academic progress and increased his educational expenses. Furthermore, Hansard contends that the university's campus presents numerous physical barriers that impede access for individuals with mobility-related disabilities. These include inaccessible routes, malfunctioning automatic doors, and inadequate restroom facilities.

Hansard seeks injunctive relief to compel compliance with federal disability laws under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. He also demands compensatory damages for the discrimination he faced and requests modifications to UNO’s policies to prevent future occurrences. The lawsuit emphasizes that such actions are necessary not only for Hansard but also to deter future discrimination against individuals with disabilities at UNO.

Representing Noah Hansard are attorneys Andrew D. Bizer, Garret S. DeReus, and Eva M. Kalikoff from Bizer & DeReus law firm based in New Orleans. The case is being presided over by Judge Susie Morgan under Case ID 2:24-cv-02332-SM-KWR.

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