John Mbawe v. Ferris State University, et al.
Arbitration SocialSecurity ERISA DueProcess Privacy
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 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?