Student can’t prove academic failure was due to discrimination

Ikekwere v. Governing Board of Foothill-DeAnza Community College District, et al., No. C 08-00234 JF( U.S. District Court, Northern District of California 05/13/2010 )

Ruling

The U.S. District Court, Northern District of California dismissed Charles Ikekwere’s discrimination claims against Foothill-De Anza Community College.

What It Means

A plaintiff alleging racial or national origin discrimination under Title VI must show that (1) he is a member of a protected class; (2) he suffered an adverse action; and (3) a causal connection between the two. Or, when using this summary for disability: Courts generally will dismiss charges of failure-to-accommodate when the plaintiff cannot show that he followed the establish procedures to obtain the accommodation.

Summary

Ikekwere was admitted to the Respiratory Therapy Program at Foothill-De Anza Community College in 2004. Students in the RTP may be dismissed from the program if they receive a grade lower than “C” in a core respiratory course, an “F” in any required program course, or three “marginal evaluations.”

In May 2006, Ikekwere received a marginal evaluation in the last clinic students must complete before graduation from the RTP. That was the third marginal evaluation he had received — the first two resulting from his twice having received a failing grade for the same course. As a result, he was dismissed from the program.

Following his dismissal, Ikekwere unsuccessfully pursued a grievance with the college. He also filed a complaint of discrimination. A Determination Panel concluded that his dismissal was not the result of discrimination or retaliation. Ikekwere appealed the decision, but his appeal was denied after an independent investigation.

Ikekwere then filed suit in federal court alleging discrimination based on his race, nationality and disability in violation of Title VI of the Civil Rights Act, and Section 504 of the Rehabilitation Act. Ikekwere is of Nigerian national origin. He alleged that he suffered from a disability within the meaning of the Rehabilitation Act and was registered with the college’s disability services program.

He also claimed that several actions by college officials constituted a pattern of discrimination. For example, he asserted that a professor falsely accused him of plagiarism and that he was told that he had been admitted by mistake and asked to leave the initial meeting of RTP’s class of 2004. He was later told that he was admitted but would have to take his clinical rotation at night because there were no spots left in the day program.

On another occasion, a professor allegedly denied him an approved accommodation. However, Ikekwere admitted that the professor allowed the accommodation after he presented the required forms.

The court granted the college’s motion to dismiss. The judge stated that although Ikekwere showed that he was a member of a protected class and that he suffered adverse educational outcomes, he did not establish a causal connection between the two.

The court also dismissed the disability claim. It held that Ikekwere failed to show that the professor denied the accommodation because of his disability. Instead, the evidence indicated that the accommodation was denied because Ikekwere did not present the required paperwork.

sed in this order, they are overruled as moot.

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