No. 18-1179

John Mbawe v. Ferris State University, et al.

Lower Court: Sixth Circuit
Docketed: 2019-03-12
Status: Denied
Type: Paid
Tags: ada ada-section-504 americans-with-disabilities-act disability-accommodation disability-discrimination due-process individualized-assessment interactive-process property-interest property-liberty-interest rehabilitation-act rehabilitation-act-of-1973 student-rights university-dismissal
Key Terms:
Arbitration SocialSecurity ERISA DueProcess Privacy
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Whether the interactive process is triggered when a University knows or should know of a student's disability, and of that student's desire to remain at the University despite that disability?

Question Presented (OCR Extract)

question presented is: Whether the interactive process is triggered when a University knows or should know of a iii student’s disability, and of that student’s desire to remain at the University despite that disability? 2. Once enrolled, a student, even one with a disability, has a property and liberty interest in continued education. A State cannot deprive a person of a property or liberty interest without sufficient due process protections. A State university must provide a student with notice and a hearing, at a minimum, prior to stripping that student of his or her right to remain enrolled in that university. Due process protections must be tailored to the capacities of the individuals subject to dismissal, and more formal protections must be afforded to students facing long term suspension or expulsion from a university. The question presented is: Whether a university is permitted to dismiss a student because of his disability, without providing that student prior due process protections, including notice and a hearing?

Docket Entries

2019-05-13
Petition DENIED.
2019-04-17
DISTRIBUTED for Conference of 5/9/2019.
2019-04-15
Reply of petitioner John Mbawe filed. (Distributed)
2019-04-03
Brief of respondents Ferris State University, et al. in opposition filed.
2019-03-07
Petition for a writ of certiorari filed. (Response due April 11, 2019)

Attorneys

Ferris State University, et al.
Michael Eugene CavanaughFRASER TREBILCOCK DAVIS & DUNLAP, P.C., Respondent
Michael Eugene CavanaughFRASER TREBILCOCK DAVIS & DUNLAP, P.C., Respondent
John Mbawe
Shereef Hadi AkeelAkeel & Valentine, PLC, Petitioner
Shereef Hadi AkeelAkeel & Valentine, PLC, Petitioner