A woman has settled her lawsuit against the UC Regents in which the attention deficit hyperactivity disorder sufferer alleged she was not provided accommodations she needed to give her a level playing field to demonstrate her academic abilities at UCLA.
The woman is identified in her Santa Monica Superior Court lawsuit only as D.E. The student and teaching assistant said she was given the help she needed in high school and that UCLA was obligated to follow suit under the Americans With Disabilities Act.
Attorneys in the case told Judge Elaine Mandel during a final status conference on Friday that the case, filed in October 2019, was resolved during a mandatory settlement conference held with Judge Marc Gross the day before.
No terms were divulged.
In their court papers, the regents contended that D.E. could not perform the essential functions of a teaching assistant or complete her academic work and course requirements even with accommodations.
The regents’ attorneys also stated that in six years, constituting 18 quarters, D.E. received five “incomplete” grades, but that some of the marks were later replaced with “A” and “A-” grades.
According to the plaintiff’s attorney’s court papers, an “incomplete” grade is viewed negatively on the academic record, especially to awards committees.
“The specific rejection of plaintiff’s reasonable requests for a modification of the `incomplete’ policy demonstrates UCLA’s refusal to abandon a practice that has an apparent and disparate impact on persons with disabilities,” D.E.’s lawyer further contended in his court papers.