Hilldorfer, Eric

03/18/15
Southeastern Community College v. Davis , 442 U.S. 397 (1979)
Summary:
In this case a student was denied admission into a clinical training nursing program, that
receives state funds, due to a disability. The individual was hearing impaired and the school, the
petitioner in this case, stated from an audiologists report that the individual cannot understand
speech directed to her, except through lip reading. The school felt that her hearing disability
made it impossible for her to practice safely in the normal clinical training program or care for
patients. The District Court ruled in favor of the petitioner stating the audiologists findings
concluded the individual would not be able to perform duties safely. However, the Court of
Appeals did not challenge the decision of the District Court, but rather said there was a
mishandling of Section 504 of the Rehabilitation Act had to reconsider the individuals
application and disregard their hearing impairment. The student was otherwise qualified and the
hearing impairment had little impact on their academic performance.
Case Law/Statutes/Regulations:
1.) Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723 (1975)
2.) Greyhound Corp. v. Mt. Hood Stages Inc., 437 U.S. 322 (1978)
3.) Santa Fe Industries Inc. v. Green, 430 U.S. 1977
4.) Statute 504 of the Rehabilitation Act of 1973
Legal Issues:
Civil Rights and Public Assisted Programs- Schools that receive federal funding have to provide
or make attempts to provide reasonable accommodations to students with disabilities.
Fourteenth Amendment (Equal Protection Clause)- The student argued their denial of equal
protection of the laws and the school was not compliant with the Rehabilitation Act of 1973.
504 of the Rehabilitation Act- The student must demonstrate that he/she has a disability that
meets statutory requirements. The student in this case displayed that they were hearing impaired
by wearing a device to assist in hearing and read lips as a way to communicate with individuals.
Therefore, according to the law the student must be accommodated.
Implications:
As student affairs professionals some of our responsibilities are teaching students how to
advocate for themselves. Student with disabilities have to disclose their disability, nobody else
can. It is important for us to relay this to them, so they can be accommodated for in the class
room and campus setting. It is important that students learn to advocate for themselves.
As far as program implications are concerned and the students ability to perform the
work is concerned; according to the law there needs to be an accommodation to allow the student
to perform. One of the suggestions for this case is that the student in this program could have an
individual supervisor or faculty member that can assist them when working with patients.
Another issue is they could provide an interpreter for the individual, but then that could infringe
upon the doctor-patient confidentiality since there will be a person with student whom might not
be a licensed individual in the field of medicine.