After a student finished his first year of law school with a 1.82 GPA, he was dismissed from the program. Then he sued.
Andrew Oser finished his first semester at Capital University Law School with a GPA of 1.4. He was put on probation, and based on a review of his study habits the director of a probation program referred him to a psychologist.
The psychologist sent Oser to a physician who diagnosed ADHD and suggested he be given 30 extra minutes for each three-hour exam he took. The school agreed to give him 15 minutes of extra time per exam, as long as he gave it 30 days advance notice.
For the spring semester, Oser missed the deadline to ask for accommodations. The school provided them anyway for two of five exams, but he did better on the exams he took with no accommodations.
Oser finished the spring semester with a 2.0 GPA – not good enough to raise his overall cumulative average to the required minimum. He sued, saying the school didn’t accommodate his disability. He said the school imposed an arbitrary minimum GPA of 2.0.
The court refused to grant him a preliminary injunction because he didn’t show he was likely to win the case. It appeared the cause of Oser’s dismissal was a simple lack of effort, the court said.
Cite: Oser v. Capital University Law School.
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