NORFOLK, Va. (WAVY) — The Justice Department announced Wednesday that it has reached a settlement with Old Dominion University (ODU) on the resolution of a disability discrimination complaint.
The investigation was into a complaint that the university “discriminated and retaliated” against a graduate student based on her disability and request for modifications of policy, according to the statement released by the Justice Department.
“Students should never have to choose between their right to request reasonable modifications of policy for their disabilities and their academic success,” said Gregory B. Friel, Deputy Assistant Attorney General of the Justice Department’s Civil Rights Division.
The Civil Rights Division conducted the investigation under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.
The investigation found that the complainant requested acknowledgment of her right to reasonable modifications of policy and was penalized for doing so in violation of Title II and Section 504.
The statement continues to say that after a dispute about the student’s request and based on her disability:
- ODU terminated her working relationship with her professor-advisor;
- removed her from the professor’s lab;
- separated her from ongoing research;
- withdrew the student’s participation at a professional conference.
The complainant was “forced to change her graduate course of study and find a new advisor,” the statement continues.
ODU cooperated throughout the investigation and committed to complying fully with its legal obligations under the ADA and Section 504.
The settlement agreement requires that the university:
- Develops and disseminates a retaliation policy that explains the ADA and Section 504 obligations applicable to all staff and faculty and clarifies that ODU will impose consequences, up to and including termination, on those who violate the policy.
- ODU will also provide comprehensive ADA training to administrators, faculty, and staff.
- Finally, the agreement requires that ODU pay $40,000 in monetary damages to the complainant.
“This agreement reflects the critical role colleges and universities — and their faculty and staff — play in delivering on the promise of the ADA and Section 504. By working in good faith with students to provide reasonable modifications of policy, colleges and universities can ensure that students with disabilities have full and equal access to educational opportunities at the highest levels of academic achievement,” Friel said.
Read the full release here. The settlement agreement can be found here.
