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Michigan State P & A Sues University

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FOR IMMEDIATE RELEASENovember 25, 2008Contact: Tom Masseau Disability advocacy group files complaint against Oakland UniversityBoard of Trustees Lansing, Michigan - Today, Michigan Protection and Advocacy Service,Inc. (MPAS) filed a complaint in the Eastern District Court allegingOakland University Board of Trustees for failing to provide reasonableaccommodation under the Fair Housing Act and Section 504 of theRehabilitation Act of 1973 on behalf of Micah Fialka-Feldman, a studentenrolled in the OPTIONS program at Oakland University (OU). "The OPTIONS program at OU was designed to allow students withdisabilities the opportunity to experience real University life. Theexperience has provided Mr. Fialka-Feldman and other OU students, withand without disabilities, and unprecedented opportunity to understandand celebrate diversity of our communities. Mr. Fialka-Feldman is afull-time student at Oakland University and pays tuition to attendclasses. He should not be denied the opportunity to experiencedormitory living simply because of his disability, "says Elmer L.Cerano, Executive Director of MPAS. Mr. Cerano further stated, "Today's filing is just the beginning inassuring that students who pay tuition and are classified as full-timestudents, receive the same opportunities to learn as every otherstudent. Oakland University should be commended for their work inmaking the OPTIONS program a reality, but they should not sell-shorttheir accomplishments by denying Mr. Fialka-Feldman an opportunity tolive in the dorm with other OU students." As most college freshman would, Mr. Fialka-Feldman began touring theresident's halls in the spring of 2006. In October, 2007, the familypaid a $100 deposit to OU to secure a dormitory room for Micah. OnNovember 14, 2007, Mr. Fialka-Feldman received confirmation and approvalfor living on campus. Then on November 29, 2007, Mr. Fialka-Feldman andhis family received an email stating that Micah was not eligible to liveon campus because he was not in a program leading to a degree. Aftermany meetings with University officials, the Feldman's received a letterstating, "The University maintains resident's halls for individuals whomeet our admissions requirements are enrolled in coursework leading to adegree....." In 2007, Mr. Fialka-Feldman was accepted into OU's OPTIONS Program andtakes at least 12 credits hours of courses each semester. The OPTIONSProgram is designed for students with cognitive impairments that are notadmitted to OU through the regular admissions process. The complaint seeks injunctive, declaratory relief and damages orderingOU to immediately provide on-campus dormitory housing. # # # Michigan Protection and Advocacy Service (MPAS) is the independent,private, nonprofit organization designated by the governor of Michiganto advocate for and protect the rights of people with disabilities inMichigan. MPAS services include information and referral, short-termassistance, selected individual and legal representation, systemicadvocacy, monitoring, and training. Send e-mail anywhere. No map, no compass. Get your HotmailĀ® account now.

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