Student, university settle disability dispute
By Johnny Edwards| Staff Writer
Tuesday, October 28, 2008

Emily Greene calls it a victory, not just for her but for all students with disabilities that aren't outwardly apparent.

To resolve her discrimination complaint filed with the U.S. Department of Education, Augusta State University will let the 25-year-old art major pick up where she left off in a class a professor dropped her from for excessive absences, which Ms. Greene said were caused by her rare medical condition, cyclic vomiting syndrome.

She also complained that another professor flunked her in retaliation for a newspaper article about her situation. The university will change the D grade to a W, or withdrawal, and let her retake the class at no charge, according to the resolution agreement mediated by the department's Civil Rights Office.

Ms. Greene said she hopes professors will take notice now that not all disabilities involve wheelchairs.

"I hope that this will help other students," Ms. Greene said. "Not just those with CVS, but with other disabilities who need accommodations."

Though predominantly a children's disorder, cyclic vomiting syndrome can persist into adulthood, causing intermittent episodes of pain, pallor and retching. The syndrome has no known cause or cure, the best treatment being to stay hydrated and rest in a dark, quiet room, according to the National Digestive Diseases Information Clearinghouse.

In January, Ms. Greene submitted doctors' letters to ASU's Testing and Disability Services, which issued an accommodation form asking professors to be lenient about absences, but gave them discretion to drop her if she couldn't meet expectations.

Ms. Greene went through severe bouts during spring semester, likely triggered by heavy pollen, she said.

For hours she would suffer sharp stomach pain and violently regurgitate every 20 minutes or so, leaving her bedridden and exhausted.

She missed 10 of 23 of her 3-D Design classes but said she did all the required work from home. The class involves creating sculptures from wood, clay and other materials.

In March, professor Carissa Doying told her in an e-mail that she wasn't getting the full benefit of the course. Ms. Doying gave her a medical withdrawal, which wouldn't affect her grade.

But Ms. Greene contended that she'd done most of the work and shouldn't have to repeat it.

An article about her civil rights complaint appeared in The Augusta Chronicle in May. After Ms. Greene received a failing grade in Drawing II by professor Janice Whiting, she amended her complaint to include retaliation.

Ms. Greene and her parents said they reached an agreement during a meeting with Department of Education attorneys and several ASU officials Oct. 17 at the Jaguar Student Activities Center.

ASU spokeswoman Tunisia Williams said the university couldn't comment because of federal privacy laws.

Ms. Greene, who resumed her 3-D Design class Thursday, said she's happy to be back on track, and she bears no ill will against ASU.

"It was just individual classes," she said. "It wasn't the school in its entirety."

Reach Johnny Edwards at (706) 823-3225 or johnny.edwards@augustachronicle.com

TERMS OF AGREEMENT

To resolve a civil rights complaint lodged with the U.S. Department of Education, Augusta State University and art major Emily Greene agreed to the following:

- Ms. Greene will take part in early registration through the office of Disability Services. Before the first day of class, she will talk to each of her professors about her needs for accommodation.

- Her grade of W (withdrawal) in Art 1530 from spring semester will be changed to an incomplete. She will finish the required course work during fall semester. Her new professor will consult with her old professor about what requirements remain to be completed.

- Her D grade in Art 2212 from spring semester will be changed to a W. She will retake the class at no charge.

Source: Early Complaint Resolution Agreement by the U.S. Department of Education's Civil Rights Office.

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