Transcript Zukle v. Regents of the University of CA

Zukle v. Regents of the
University of CA
166 F.3d 1041 (9th Cir.1999)
Facts
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Sherrie Zukle entered UC Davis medical school in 1991
During the first two years she experienced academic difficulty, and the
Student Evaluation Committee (SEC) put her on academic probation
and required her to get tested for a learning disability
It was found that she had a disability related to reading comprehension
In 1994, Zukle failed her US Medical Licensing Exam
The Medical School offered her accommodations for her disability,
including extra time to prepare for exams, an extra year to complete her
pre-clinical program, and a paid six-week review course for the
Licensing Exam
During the clinical phase of the program, she failed several of her
clerkship courses and asked to be allowed to start a new clerkship and
finish the previous one at a later date
Facts
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The Dean denied Zukle’s request and insisted that she finish her first clerkship
Zukle finished the clerkship but received a failing grade while already on
academic probation
The SEC reviewed her case and decided that she must retake the failed
clerkship and remain on academic probation
Her case was further reviewed by the Promotions Board who dismissed her for
failure to meet the academic standards of the School of Medicine
Zukle appealed this decision to the Board on Student Dismissal; they upheld the
dismissal
She filed suit in District Court claiming a violation of the ADA and section 504 of
the Rehabilitation Act
She claimed that the Medical School had not given her reasonable
accommodation and that she was “otherwise qualified”
Issues
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Does the ADA allow deference towards academic institutions when it
comes to the question of whether an undue burden is imposed on the
institution’s program?
Is Zukle’s dismissal justified on the basis of professional opinions of the
Medical School faculty and staff?
Did the Medical School reasonably accommodate Zukle’s disability?
Holding
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Yes, the ADA does allow the courts to defer to the professional
expertise of publicly funded institutions
Yes, her dismissal is justified because she is not “otherwise qualified”
Yes, the Medical School offered reasonable accommodations as
required by the ADA and Section 504
Reasoning
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Zukle’s request to stop her clerkship and start another was deemed by
the faculty and validated by the courts to be an undue burden on the
structure of the medical program
She was reasonably accommodated by being granted extra time to
prepare for exams, being allowed to retake exams and failed classes,
being offered a paid review session to obtain her medical license
She was not otherwise qualified because the unique hands-on
experience of the clerkship is crucial to preparation for the medical
profession
Therefore, excusing her from her clerkship would seriously compromise
the quality of her training and the legitimacy of the school
The court recognizes its own limited knowledge of the medical
profession and defers professional decisions to the medical experts
Significance
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Academic institutions have more autonomy when deciding what
qualifications are required of the students and what is considered to be
an undue burden on their programs
Helps clarify what is and what is not considered to be a reasonable
accommodation
Further narrows the scope of the protections granted under the ADA
and Section 504
Group 4
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Tierney Edwards
Ryan Slyter
Skyler Craig
Sheena Brown
Jackie Long