The Post-Standard (Syracuse , NY
June 23, 2001 Saturday Final Edition
STUDENT SUES SU UNDER DISABILITIES ACT SUIT SAYS LAW SCHOOL
BYLINE: Jim O'Hara Staff writer
SECTION: LOCAL; Pg. B5
LENGTH: 499 words
Tracy Bernson recently completed her first year of law school at the Syracuse University College of Law. But she's already headed for the courtroom.
She won't be there as a lawyer, though. She'll be there as a litigant because she is suing SU, claiming the university violated the Americans with Disabilities Act by failing to accommodate her in taking her final exams last month.
"She's not looking for anything above and beyond what is reasonable," said lawyer Leslie Savage. "She's just asking for a fair shake."
Bernson claims in court papers the university was arbitrary and capricious in rejecting her request for time and a half to take her exams using a typewriter in a minimally distracting environment with periodic rest breaks. She claims she needed the accommodations because of physical and psychiatric conditions that sap her strength and slow her cognitive processing.
Court papers indicated Bernson has been diagnosed with major depressive disorder, attention deficit disorder and fibromyalgia. Two treating physicians filed statements in support of Bernson's request for consideration in taking her examinations.
Kevin Morrow, speaking for the university, said the school provided some accommodations - 10 extra minutes per hour of a test, the use of a typewriter and the ability to take the tests in a separate room - despite Bernson failing to provide sufficient documentation to support her request. The university made repeated requests for documentation that would have supported her request for time and a half taking each exam, he said.
According to court papers, the university granted some consideration when Bernson took midterm exams but denied her request for similar consideration when she took her finals. Bernson was unsuccessful in getting a court to order the university to provide her those accommodations before she took her May exams.
State Supreme Court Justice Thomas Murphy is scheduled to address next month whether Bernson's requests were reasonable, and whether SU's rejection violated the Americans with Disabilities Act. Legal arguments in the case have been adjourned twice.
"She's just asking for something so she can compete fairly with everyone," Savage said. The university's response has put Bernson at a disadvantage in competing with other students, the lawyer said.
According to Savage, Bernson began having health problems in the last semester of her master's program in fall 1999.
Since December 1999, Bernson has been a patient at the Adult Psychiatric Outpatient Clinic at University Hospital
Dr. Ami Milton has also diagnosed Bernson as having fibromyalgia, a physical condition marked by chronic fatigue and difficulty with concentration and memory that can be associated with a psychiatric condition such as depression.
LOAD-DATE: January 22, 2003
LANGUAGE: ENGLISH
Copyright 2001 Post-Standard, All Rights Reserved.
For those who wonder just where this blog gets information on people like Tracy Bernson. It is easy. There is a lot of information available online. In addition, you can access a lot of information through the right to know law. NH RSA 91-A allows a person access to governmental records. For example, a person can go into court and request to see a divorce file and access most of the information in it. So much of what a person submits to court is a public record. Therefore, you can do research on any attorney by accessing cases that they were involved with. There are some exceptions to information that you can access. For a copy of NH RSA 91-A go to the following link: http://www.gencourt.state.nh.us/rsa/html/VI/91-A/91-A-mrg.htm
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