Lawsuit Charges Online University Does Not Accommodate Learning-Disabled Students

Discussion in 'General Distance Learning Discussions' started by kelechi, Aug 10, 2005.

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  1. kelechi

    kelechi New Member

  2. PhD2B

    PhD2B Dazed and Confused

    That’s ridiculous!
     
  3. sentinel

    sentinel New Member

    As a WebCT user I cannot understand why the complaintant says it is difficult to use. Aside of the obviously ridiculous claims made in the article I fail to see how Capella violated anyone's rights.

    If in fact the complaintant was making improper comments towards other students and faculty in classes, perhaps Capella could counter sue for harassment on behalf of the students who had to suffer through his alleged misbehavior.

    Stories like this one only make legitimate claims of discrimination more difficult to address. The complaintant seems to have had a bad attitude and was unwilling to adapt to the new software. I hope he gets the medical help he needs.
     
  4. DesElms

    DesElms New Member

    Probably. But plaintiff's counsel could be right... they may make some new law before it's overwith. I'll say this much, though: If ever there was a case that depends in large measure on the patience, forward thinking, and ability to think outside the box of the judge, this is one.

    Sounds like the plaintiff's a jerk, though; and that his having been one, and in what ways, is well-documented. That can't help.

    I suspect what's going to come out is that he just didn't like the new interface and got into some heated discussions about it that brought out what a jerk he is; which, in turn, got him thrown out. I suspect that the disabilities claim is something his lawyer thought up as a reasonable way to approach the situation. If so, I'm surprised plaintiff's counsel didn't included claims of misrepresentation and maybe even breach over advertising one kind of interface and then changing midstream. I'm not saying those claims would have any merit; I'm just saying I'm surprised he didn't go that route, too.

    But, hey... the courts surprise me all the time. Who knows how this one will play out. It should be interesting.

    I doubt if a claim like that would be successful.

    False or ridiculous claims clog-up the system, of course, but usually don't make legitimate claims any less valid or recognizable.

    Well, I do agree with that.
     
    Last edited by a moderator: Aug 10, 2005
  5. iquagmire

    iquagmire Member

    Nova Southeastern used eUniversity which was a very easy to use, no hassle system which allowed the busy student access to all material without having to click into and click into again and backspace to just download their assignment.

    They recently changed to WebCT and I have used it for two semesters now and I do not like it one bit. I love change, as my job is the very definition of change, but a change for the better.

    This was not and I understand why he is making his complaint. WebCT is not very user friendly and I guess the disabled would have a worse time with it.
     
  6. sentinel

    sentinel New Member

    Okay, not every interface is going to please everyone.

    The person bringing the claim against Capella clearly stated his disability was related to short-term memory. Had the disability been physical, say loss of both hands or arms, and the navigation system employed by WebCT imposed undo burden compared to the previous interface on his use of the educational system interface there might have been merit to the claim. However, this clearly was not the case.
     
  7. psychq

    psychq New Member

    I find WebCT to be very navigation-friendly
     
  8. Shawn Ambrose

    Shawn Ambrose New Member

    OCR Findings of fact in this case

    The OCR findings of fact in this case are posted at:

    http://forums.degreeboard.com/showthread.php?t=5708

    To date, Jeff LaMarca (listed in the article) is 0 for 4 with the OCR. After reading the findings of fact, one will see that:

    * He apparently had no problems with the WebCT platform (since he had more posts than anyone else in his courses).

    * He harrassed students and faculty.

    * Capella gave Mr. LaMarca multiple opportunites to modify his harassing behavior.

    Moreover, if you go to his website: www.capellauniversity.org, you will see that he personally attacks those who disagree with his views. Some of these attacks include:

    * A picture of the Capella University president dressed in a KKK outfit

    * An page filled with innuendo and slander concerning a Capella alum

    * Threats and intimidation to anyone who investigates the truth behind his allegations

    * A page dedicated to me, where he ridicules my religious faith, make light of my recovery from substance abuse (16 years sober), and an attack on the school where I am in the adjunct faculty pool.

    The four OCR findings of fact are posted verbatum at the above listed site, and are available through the Freedom of Information Act by e-mailing Mark Farr at the Chicago OCR office at: [email protected]
     
  9. obecve

    obecve New Member

    This particular claim may be ridiculous, however, it is a regular issue that universities fail in creating accessible environments. As a person who works full time trying to create meaningful work opportunities for people with disabilities I regularly run into universities who simply refuse. It is not asking for an advantage, it is the same as asking for a ramp. Accessibility is not making it easier or a diminished course, it is creating fair access. Universities regularly make it much harder than it has to be for people that are deaf, blind or experience other disabilities. We are now in the 21st century and this should no longer be the case. However, open discrimination of people with disabilities remains an accepted and open practice in many places.
     
  10. Shawn Ambrose

    Shawn Ambrose New Member

    I agree with you that Universities should work on accessability issues for legitimate disabilities. I had to overcome a severe speech defect in high school and I know what it is like to be branded "stupid and retarded."
     
  11. Jack Tracey

    Jack Tracey New Member

    Good post Michael.
    Jack
     
  12. Jack Tracey

    Jack Tracey New Member

    I seem to remember reading through a thread by capellasucks on this website (although it could have been elsewhere). Mr. LaMarca came across to me as being a bit, well, a little, well let me put it this way, after reading the thread I found myself humming the tune of that old Warren Zevon song, Excitable Boy.
    :cool:
    Jack
     
  13. sulla

    sulla New Member


    "Excitable Boy" by Warren Zevon

    Well, he went down to dinner in his Sunday best
    Excitable boy, they all said
    And he rubbed the pot roast all over his chest
    Excitable boy, they all said
    He took in the four a.m. show at the Clark
    Excitable boy, they all said
    And he bit the usherette's leg in the dark
    Excitable boy, they all said
    Well, he's just an excitable boy

    He took little Suzie to the Junior Prom
    Excitable boy, they all said
    And he raped her and killed her, then he took her home
    Excitable boy, they all said
    Well, he's just an excitable boy
    After ten long years they let him out of the home
    Excitable boy, they all said
    And he dug up her grave and built a cage with her bones
    Excitable boy, they all said
    Well, he's just an excitable boy

    :D
     
  14. sulla

    sulla New Member

    The title of that song sure is somewhat misleading. When I looked up the lyrics I expected something more innocent by this "excitable" kid. I'm not sure Mr. La Marca will appreciate this comparison. He could take you to court for defamation and libel! As you know, he IS quite excitable. :D

    LOL! :)

    Sulla
     
  15. Ted Heiks

    Ted Heiks Moderator and Distinguished Senior Member

    It is important to note that the Americans with Disabilities Act is not just limited to building ramps and elevators for people in wheelchairs, though that is certainly part of it. I haven't reviewed this particular case in any detail as yet. But be it duly noted that neurological and psychological disabilities are covered as well. Bowling Green State University www.bgsu.edu has a section in their Counseling Center website on the ADA and psychological disabilities.
     
  16. sentinel

    sentinel New Member

    Legitimate neurological and psychological disabilities are indeed justification for a student to request accommodation under the appropriate provisions of such a legislative act. However, misbehavior that is disruptive to the other students would infringe upon their rights as well. LaMarca seems to have handled the new software when it came to posting messages yet he claims the new classroom was difficult for him to use.
     
  17. raristud

    raristud Member

    A very excitable boy indeed

    www.stanginn.com/milo/month4/pages/excitable%20boy.htm
    :D
     
    Last edited by a moderator: Aug 12, 2005
  18. DTechBA

    DTechBA New Member

    Poor short term memory?

    So just how does he study for his exams? Let me guess, to accomodate this particular disorder they are required to provide him open book exams....
     
  19. DesElms

    DesElms New Member

    Re: Poor short term memory?

    Well, that would be nice. Heck, if that's the remedy, then I should claim that malady, too.

    [momentary pause]

    What were we talking about, again?
     
  20. DTechBA

    DTechBA New Member

    Re: Re: Poor short term memory?

    Now that's funny..... :D
     

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