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Tuesday, January 21, 2020

Court rejects former Ross University School of Medicine student's attempt to revive ADA complaint

Federal Court

By Marian Johns | Jul 31, 2019


MIAMI —  A federal court has rejected new evidence presented by the plaintiff in an Americans with Disabilities Act (ADA) and Rehabilitation Act (RA) suit against Ross University Medical School, a Barbados university with administrative offices in Miramar.

According to the July 10 U.S. District Court for the Southern District of Florida filing, plaintiff Oluwamuyiwa Awodiya asked the court for amended and additional filings in a case where the court had granted a summary judgment to defendant Ross University School of Medicine. 

Awodiya alleges the school did not allow his accommodations to be given a longer time to take the test that he requested under the ADA and RA. Awodiya, who was dismissed from the school, argued the lack of those accommodations caused him to fail the school's comprehensive basic science exam (COMP) five times and resulted in his dismissal. Awodiya's claims were dismissed with the court finding that the denial test taking time was made in a foreign country before he took the exams in the U.S. 

Awodiya argues that the court did not give him "notice" that it "would decide the domestic applications of this case" and that the court failed to "request" a "briefing on the domestic application of the ADA and the RA." Awodiya also argued that the lack of accommodations took place in the U.S. where he took the exam and is the "focus" of the ADA claims. 

U.S. District Judge Roy Altman denied Awodiya's motion to amend based on the fact that the decision to deny the accommodations was made in a foreign country and stating "There has been no change in the intervening or controlling law, no new evidence and no showing of clear error or manifest injustice." 

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