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LegalGround >> Help - Disability case


11/24/08 5:19 PM
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cleetdog101
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Member Since: 1/9/07
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Here is the scenario –

My cousin Keith was diagnosed with TBI (Traumatic Brain Injury) several years ago. While in college he had a non-violent outburst that scared a few people on campus. He was suspended for 1 year.

He filed a civil complaint with the Department of Education to get back in classes before he was screwed financially and could not return after the year. The school is claiming they had no idea he was disabled. Keith just got paperwork from his doctor showing how his disability diagnosis was faxed to the school 4 months previous in an effort to get special services with tutoring.

Does this prove the school knew, just because the tutoring department knew? How does this work, and what can he expect?
11/27/08 2:04 AM
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cleetdog101
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somebody???
11/28/08 8:13 PM
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jbapk
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Member Since: 1/1/01
Posts: 8293
It's hard to say without knowing all the facts whether the school "knew", who received the fax, if it was your cousins responsibility to let more then the tutoring department know, etc. There's also the question about if the disability means he can't be suspended or not if there were threats against others. Without knowing the state we can't really say what the process for a civil complaint is.

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