[nabs-l] I believe I have been discriminated against, where to turn for h...

NMPBRAT at aol.com NMPBRAT at aol.com
Fri Feb 15 04:25:34 UTC 2013


Laurel,
I think many people have made good points.  I'm going to  make just a few 
suggestions.....based upon my own experiences as a legally blind  individual 
who has had discrimination issues at the collegiate level as well as  my 
special education knowledge and the law.  
 
1. Like many have said, follow the chain of  command.  
2.  Always, always have a witness at any meetings you  have.  Take a 
friend, family member, etc....someone who is not directly  affiliated with the 
university (employee of the university).  Yes, you  want someone from 
disability services (or whatever they call it at your school)  but you can't rely on 
them as a witness.  Give your witness the  job of taking notes...they aren't 
there to speak for you but simply as an  observer and witness to what is 
said.  Sometimes, in the moment, when you  are dealing with situations like 
this, you can easily miss something that  another person could easily pick up 
on. Also, it holds those in the room  accountable to what they say and shows 
that you are serious about it.  
3.  Follow up meetings with written letters, restating  what was discussed 
at the meeting...just provides further documentation later on  and also that 
you are serious about your complaints.  It holds people  accountable to 
what was discussed.
4.  Decide how important this is to you and how much time  and effort you 
want to put into it.  Determine whether it could impact  further education 
that you want to pursue, even if it is at another  college.  Going to grad 
school, at least in some fields, can require  certain grades or GPA's in order 
to be accepted.  You'll want to figure out  how this might impact that for 
you and that may help you to decide how far you  want to pursue this.  Like 
people have said, grades can be changed....even  when they are considered 
"final"....they really aren't, they can always be  changed.  
5.  Suing is the last resort.  With that said  though....I would highly 
encourage you to either contact a "savvy" NFB person,  maybe at the state 
level/national level...or get legal advice from an  attorney.  This doesn't mean 
because you speak to one that you have to  sue.  I have found in my 
experiences that simply learning some specific  "lingo" or terminology or legal-type 
phrases...puts you in a completely  different light to the people you are 
addressing yourself to.  It shows  that you have "done your homework" and 
that you aren't "playing around".   Even simply saying "my attorney feels" or 
"my attorney stated" along with  specific lingo can definitely turn heads.  
My point in telling you this  is....I have had luck with this....which has 
then moved things along...and has  prevented me from having to actually do any 
kind of legal action.   
6.  Finally, I would just say that....yes, you need to  take care of you 
first... but also remember that whatever you choose to do can  potentially be 
very beneficial to those that may follow you in the future at the  college 
or with that professor.  You can be the trailblazer...so don't  think that 
just because your graduating that you taking action to put this  professor in 
her place has no value.....it without a doubt does have great  value!  Just 
something to think about.  
 
I wish you all the best in whatever you decide to  do.
Best wishes,
Nicole
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
In a message dated 2/14/2013 2:56:14 P.M. Eastern Standard Time,  
laurel.stockard at gmail.com writes:

Exactly.  She is long track, and has tuns of power overthere.
Basically, her word is  law. I'm thinking that at least, if I can't do
anything else, I am going to  wait until I have my degree in hand in
August, and then write her a letter  and just tell her, look I know
what you did and I want you to know that  it's not ok. HOnestly, she
didn't want me in her class because I'm blind.  She tried to fail me,
but I didn't even know I was being discriminated  against at the time.
I beat her at her own game and passed. I literally  just thought it was
that hard and at the time I didn't know anybody in the  class.
Laurel

On 2/14/13, Loren Wakefield  <theweird1 at centurylink.net> wrote:
> The problem here also is that  if the prof is chair of the department, 
then
> she is probably  tenured.  This makes it harder to bring complaints 
against
> and  have any sort of meaningful action taken.  But you should follow  the
> chain of command first.
>
>  Loren
>
>
>
> -----Original Message-----
> From:  nabs-l [mailto:nabs-l-bounces at nfbnet.org] On Behalf Of Kaiti 
Shelton
>  Sent: Thursday, February 14, 2013 1:03 PM
> To: National Association of  Blind Students mailing list
> Subject: Re: [nabs-l] I believe I have  been discriminated against, where 
to
> turn for help?
>
>  Josh,
>
> The ADA is great, but you can't just automatically slap  everyone who
> descriminates against someone with a disability with a  lawsuit.  If it
> comes
> down to it and that's what must be  done then that's one thing, but there
> are
> certain steps which  should be taken before putting the time, effort, and
> money into suing  a person.  Plus, I'm assuming that this is not Laurel's
> last  semester in school, so it wouldn't be wise to just hire a lawyer and
>  make a bunch of legal fuss without going through the chain of command
>  first.
> I feel that would just create more enemies than this one  professor, not 
to
> mention make Laurel look bad for not trying to  resolve the issue in a 
more
> dignified and civilized way before going  to court.  A sensible dean will
> not
> stand for  descrimination from a faculty member, especially if they see
> Laurel in  an appointment.  College administrators are mindful of things
>  which could causse lawsuits and will do what they can to avoid them, and 
 if
> this French professor really did descriminate and Laurel can prove  it in 
a
> calm, civilized way by presenting the facts I bet her prof  will have some
> form of consequences from the  university.
>
> On 2/14/13, Kaiti Shelton  <crazy4clarinet104 at gmail.com> wrote:
>>  Laurel,
>>
>> If Scott Labarre were to even represent you,  you wouldn't get the case
>> up and running till after this semester  was over and your grade would
>> surely be final.  Talk to your  disabilities councelor and see if they
>> can help; part of their job  is to advocate for you in situations like
>> these.  Make an  appointment with the dean of the language department
>> first.   Make sure it's face-to-face.  If you have a copy of your exam
>>  instructions or the disabilities office has them on file bring them  so
>> that you can show the dean.  It would also be helpful if  you could get
>> a sighted student to describe either verbally in the  meeting or in
>> writing which they can give to you what their exam  procedures were so
>> the dean could compare.  If the dean  refuses to do nothing go to his
>> boss, and if that doesn't work  then I'd look into legal action against
>> the university, but follow  the chain of command first.  You don't want
>> to overstep  people who could help you without making a bigger deal out
>> of the  situation.
>>
>> On 2/14/13, Joshua Lester  <JLester8462 at pccua.edu> wrote:
>>> I'll write you offlist,  because I need to ask you something anyway.
>>> Thanks,  Joshua
>>>  ________________________________________
>>> From: nabs-l  [nabs-l-bounces at nfbnet.org] on behalf of Laurel
>>>  [laurel.stockard at gmail.com]
>>> Sent: Thursday, February 14, 2013  12:43 PM
>>> To: National Association of Blind Students mailing  list
>>> Subject: Re: [nabs-l] I believe I have been discriminated  against,
>>> where to turn for  help?
>>>
>>> What's his email? Sorry, I'm in school  and can't answer the phone,
>>> but I can get away with email.  :-)
>>>
>>> On 2/14/13, Joshua Lester  <JLester8462 at pccua.edu> wrote:
>>>> Good  grief!
>>>> You better sue them!
>>>> Contact  Scott LaBarre, and he'll help you!
>>>> That's  terrible!
>>>> Blessings, Joshua
>>>>  ________________________________________
>>>> From: nabs-l  [nabs-l-bounces at nfbnet.org] on behalf of Laurel
>>>>  [laurel.stockard at gmail.com]
>>>> Sent: Thursday, February 14,  2013 12:32 PM
>>>> To: National Association of Blind Students  mailing list
>>>> Subject: [nabs-l] I believe I have been  discriminated against,
>>>> where to turn for  help?
>>>>
>>>> As my subject says, I believe  that I have been discriminated against
>>>> by a professor at  my university. I am wondering if one of you fellow
>>>> listers  can tell me where to get help. I had a French professor  last
>>>> semester. With out making this too long of a story,  basically, I
>>>> have just found out that she gave me  different exams and quizzes
>>>> than she gave everybody in the  class. She made me do a different and
>>>> much harder final  exam for example. On the final, I had to go to my
>>>>  Disability Servic Testing office and answer 4 or 5 questions,  in
>>>> French of course, one page responses single spaced  without use of a
>>>> dictionary. I did not know then what  everybody else did, I assumed
>>>> they did the same as me. I  found out yesterday, accidentally, that
>>>> what she did was  have everybody else come to class and get in groups.
>>>> She  then gave each group a dictionary, and assigned the groups  1
>>>> question each. They then had to answer it and write  their answers on
>>>> the board. The whole class then discussed  each question. All 20
>>>> students made 100s on the exam. I  made a 74. Had I made an "A" I
>>>> would have made an "a" in  the class. This is the most major thing
>>>> she did, there's a  lot of smaller things, but I think I can pin her
>>>> down on  this one. Where/what NFB resource/resources should I turn  to
>>>> for
> help?
>>>>  Thanks
>>>> Laurel
>>>>
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>>>>
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>>>
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>>
>>
>>  --
>> Kaiti
>>
>
>
> --
>  Kaiti
>
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