Court hear­ing sched­uled

The Buffalo News - - CONTINUED FROM THE COVER -

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.

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