Court hearing scheduled
In February, the Division of Human Rights released its investigation report. The agency concluded it has jurisdiction and found probable cause Trocaire broke the law.
“The evidence suggest that (Nawojski) was denied a reasonable accommodation for disability which resulted in her being terminated,” the agency wrote.
The division said it based its conclusion on the school’s providing Nawojski a tutor for two semesters and Murray’s failure to contact the student to continue that tutoring, and on Ellis’ decision not to get the student extra help when she learned she had failed a test.
“Ellis indicated that failing a test is not the same as failing a course; however, it would be too late for (Nawojski) to receive services after failing the second course because by then she would be expelled,” the agency wrote.
The division had planned to hold a public hearing to decide whether Trocaire discriminated against Nawojski, but on June 14, the college filed a petition in State Supreme Court to block the hearing. State Supreme Court Justice E. Jeannette Ogden has scheduled a hearing on the college’s petition on Aug. 1.