In Qiu v. Univ. of Cincinnati, 803 Fed. Appx. 831, 2020 U.S. App. LEXIS 4556, 2020 FED App. 0096N (6th Cir.), 2020 WL 634036, the U.S. Sixth Circuit Court of Appeals found that a district court properly dismissed a student’s ADA and Rehabilitation Act claims against a university, its officials, and a professor because the student did not show that his removal from the university was based upon his purported disability, he requested no accommodation until after his dismissal, and his complaint did not allege that his expulsion was due to anything other than his repeated alleged cheating incidents. The court also opined that the student’s due process claims against state officials in their official capacity for monetary damages were barred by the Eleventh Amendment. Plaintiff also admitted to receiving due process, because he was aware of the charge against him, the substance of that charge, and that his request for a hearing had been granted. Finally, his 42 U.S.C. § 1981 discrimination claim failed as he did not allege he was treated differently from non-minority students.
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Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.