Disabled Student Fights for Right to Live in University Dorm

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A disabled Oakland University student has been told by a judge that the college can deny him a spot in the dormitory, according to the Oakland Press.

Micah Fialka-Feldman wants to live in the dorm because he currently rides buses three hours each day to the school. He takes courses under the Option Program for disabled students who are unable to earn degrees.

A university spokesperson said that students in the Options Program, including Fialka-Feldman, have not applied for admission and are not on a path to receive a degree. As a result, she said Fialka-Feldman does not qualify to live in a dorm.

A discrimination suit was filed against the college late last year by the Michigan Protection and Advocacy Service Inc. They contend that Fialka-Feldman’s civil rights were violated under the Federal Fair Housing Act and Section 504 of the Rehabilitation Act of 1973. The lawsuit also asked that he immediately be allowed to live on campus.

Despite the judge's ruling, Fialka-Feldman plans to continue fighting. “If I give up, most things won’t change here,” he said. He has collected more than 1,000 petitions from other students who agreed that he should have the right to live in a dorm, since he pays tuition and takes classes.

To read more about this story, see the column below by Jerry Wolffe. He is one of my favorite writers, and has a gift for writing about people with disabilities.

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Micah Fialka-Feldman is not going to quit his fight to live in an Oakland University dormitory despite a judge’s ruling against him.

Fialka-Feldman has attended the Rochester Hills college since 2003 under the Options Program for students with cognitive disabilities, who are unable to earn degrees because they lack the necessary intellectual ability.

The 24-year-old is one of nine students in the program, which allows continuing education for students with disabilities.

He rides buses three hours each day to the university from his Huntington Woods home to attend classes and return home.

Fialka-Feldman was denied a room at the dorm after the university accepted $100 from him in the fall of 2007 and said he could live in a dorm room in January 2008, said Tom Masseau, spokesman for the Michigan Protection and Advocacy Service Inc.

The organization filed a discrimination suit against the college late last year contending Fialka-Feldman’s civil rights were violated under the federal Fair Housing Act and Section 504 of the Rehabilitation Act of 1973. The suit also asked that he immediately be allowed to live on campus.

University spokesman Ted Montgomery said OU’s policy is to not comment on a pending lawsuit.

However, Mary Beth Snyder, vice president for Student Affairs and Enrollment Management at OU, said students in the Options Program, including Fialka-Feldman, have not applied for admission and are not on a path to receive a degree. As a result, she said Fialka-Feldman does not qualify to live in a dorm.

Fialka-Feldman Federal judge Patrick J. Duggan, of the Eastern District of Michigan, ruled Thursday, Feb. 5, that Fialka-Feldman could not immediately move into a dormitory.

“University students not enrolled in a degree-earning program, whether disabled or not disabled, are not entitled to on-campus housing,” Duggan said in his opinion. “Plaintiff’s request that defendant grant him a waiver to its housing policy would elevate the rights of a handicapped, nondegree-seeking student over the rights of all other nondegree-seeking students.”

The university has about 18,000 students and about 1,800 dormitory rooms.

“I think it’s kind of wrong, and the judge should have favored me,” said Fialka-Feldman.

“If I give up, most things won’t change here,” he said. “I plan to keep fighting.”

Fialka-Feldman had collected more than 1,000 petitions from other students who agreed that he should have the right to live in a dorm, since he pays tuition and takes classes.

He also said Oakland University “could try letting me stay in a dorm and see how it goes.”

Fialka-Feldman wasn’t alone in his discontent.

“We are obviously disappointed by the decision,” said Masseau of Michigan Protection and Advocacy Service.

“I believe he has a 50-50 chance of eventually winning the case and living in the dorm.”

Although the request for immediate occupancy in a dorm was rejected, Duggan still must rule on the question of discrimination against Fialka-Feldman under the Rehab and Fair Housing acts, Masseau added.

“He’s taking classes like everyone else,” Masseau said. “The only difference is that he’s in a nondegree program and therefore not entitled to the full college experience despite him paying his tuition like any other student.”

Others agree not allowing the determined young man to live in the dorm isn’t right.

“The Options Program at OU was designed to allow students with disabilities the opportunity to experience real university life,” said Elmer L. Cerano, the executive director of Protection and Advocacy.

“He should not be denied the opportunity to experience dormitory living simply because of a disability.”

If Fialka-Feldman were female or black, Hispanic or any other type of minority being denied housing at OU, his situation likely would be seen as a violation of his civil rights.

However, society still must learn that discriminating on the basis of disability is a violation of someone’s civil rights. A reasonable accommodation could be made in this case so he could live in the dorm.

Win or lose, Fialka-Feldman’s gutsy efforts will help clarify the definition of civil rights for disabled people.