[NFBNJ] National Federation of the Blind Sues Duke UniversityMary Fernandez

[joe ruffalo]

Greetings to all!
For those that received, I wanted all to know that Mary Fernandez is a past 
national and state scholarship recipient and a member of the NFBNJ affiliate 
board.
Congratulations Mary for your fight to raise expectations to live the life 
you want!

Warmly,
Joe

From: National Federation of the Blind
Sent: Friday, June 05, 2020 8:45 AM
To: Joe Ruffalo
Subject: National Federation of the Blind Sues Duke University










                  FOR IMMEDIATE RELEASE

                  National Federation of the Blind Sues Duke University
                  Lawsuit Alleges Discrimination Against Blind Students

                  Raleigh, North Carolina (June 4, 2020): Duke University 
systematically discriminates against blind students and alumni in violation 
of the Americans with Disabilities Act and the Rehabilitation Act, according 
to a lawsuit filed today. The action, brought by the National Federation of 
the Blind and Duke MBA Mary Fernandez, alleges that Duke failed to ensure 
that blind students can interact with digital content and platforms and 
access course materials—including hard-copy Braille materials and hard-copy 
tactile graphics when requested and appropriate—on an equal basis with 
students without disabilities.

                  According to the lawsuit, Plaintiff Mary Fernandez is a 
blind student who began the Duke Daytime MBA program in the fall of 2018. To 
read print, Ms. Fernandez uses screen access software, Job Access with 
Speech (“JAWS”), which vocalizes the text using synthesized speech or 
displays it on a connected device called a refreshable Braille display. For 
STEM subjects, Ms. Fernandez also uses hard-copy Braille and tactile 
graphics to better understand the complex concepts because refreshable 
Braille displays only display a single line of Braille cells at a time, and 
thus are not useful for complex equations, coordinate planes, diagrams, 
maps, and other graphics.

                  Ms. Fernandez met with the Assistant Director of Student 
Life before she enrolled and was assured Duke would provide the 
accommodations she needed to have equal access to her education. From the 
start, however, Ms. Fernandez experienced barriers that permeated every 
aspect of her educational experience. When she applied for admission, she 
encountered an inaccessible web-based application. When she registered 
online for courses, she could not access the course descriptions. When she 
utilized the employer recruiting system, she could not set up her user 
profile and could not utilize any of the search functions. In addition, Duke 
failed to provide Ms. Fernandez with timely access to accessible course 
materials, including hard-copy Braille and tactile graphics when she 
requested them. As a result, Ms. Fernandez was continually forced to divert 
her time and attention away from her studies to advocate for equal access to 
her education.

                  “Blind students must have access to course materials in 
accessible formats including Braille, along with equal access to digital 
platforms and content, at the same time as sighted students in order to have 
an equal opportunity to succeed,” said Mark Riccobono, President of the 
National Federation of the Blind. “This is not a new issue; it has been a 
focus of our advocacy for nearly two decades, and institutions of higher 
education have no excuse for not meeting this legal and moral obligation. 
The blind cannot and will not tolerate discrimination of this kind.”

                  “The failure to provide blind students with timely, 
accessible course materials and career services not only harms their 
educational experience, it puts their future career and economic 
self-sufficiency at risk,” said Virginia Knowlton Marcus, chief executive 
officer of Disability Rights North Carolina. “Duke University, in 
particular, has previously been sued by Disability Rights NC regarding the 
inaccessibility of its course materials and has the responsibility to know 
better and do better.”

                  “I expected an institution with Duke’s high standards and 
reputation to be able to meet my needs as a blind student and was assured 
that would happen,” said Ms. Fernandez. “Instead, my time at Duke has been 
something of a nightmare. I hope the action I am now taking will improve 
things for future blind students who want to attend Duke.”

                  The plaintiffs are represented by the attorneys of 
Disability Rights NC and the law firm of Brown Goldstein Levy LLP.

                  ###

                  About the National Federation of the Blind

                  The National Federation of the Blind (NFB), headquartered 
in Baltimore, is the oldest and largest nationwide organization of blind 
Americans. Founded in 1940, the NFB consists of affiliates, chapters, and 
divisions in the fifty states, Washington DC, and Puerto Rico. The NFB 
defends the rights of blind people of all ages and provides information and 
support to families with blind children, older Americans who are losing 
vision, and more. We believe in the hopes and dreams of blind people and 
work together to transform them into reality. Learn more about our many 
programs and initiatives at www.nfb.org.

                  About Disability Rights North Carolina

                  Disability Rights North Carolina (DRNC) is the federally 
mandated protection and advocacy agency for the State of North Carolina 
dedicated to advancing the rights of all people with disabilities, of all 
ages, statewide. DRNC is an independent, 501(c)(3) nonprofit organization 
and a member of the National Disability Rights Network. Learn more about 
Disability Rights North Carolina at www.disabilityrightsnc.org.

                  CONTACT:

                  Chris Danielsen
                  Director of Public Relations
                  National Federation of the Blind
                  (410) 659-9314, extension 2330
                  (410) 262-1281 (Cell)
                  cdanielsen at nfb.org

                  Holly Stiles
                  Litigation Counsel
                  Disability Rights North Carolina
                  (919) 856-2195
                  holly.stiles at disabilityrightsnc.org





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