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Determination from page 11

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12

January 14 • 2010

This poster outside Micah's dorm room says it all for him.

"However, the decision is well ground-
ed, consistent and flows naturally from
existing legal precedent"

An Appeal
As the university files a notice of
appeal, OU's Montgomery stressed,
"This case has never been about Mr.
Feldman as an individual.
"Although the judge held the uni-
versity did not discriminate against
Mr. Feldman — because he was not
denied on-campus housing solely
because of his disability — he held
the university violated Section 504
of the Rehabilitation Act, a statute
that provides protection only to indi-
viduals who are discriminated against
solely on the basis of their disability:'
Montgomery said.
"The university questions the
judge's opinion that the university's
housing program is separate from its
regular academic program, and also
his decision to waive for Mr. Feldman
the university's requirement that only
degree-seeking students be allowed to
live in on-campus housing.
"The judge's order appears to
provide Mr. Feldman with prefer-
ence beyond that required by the
law and fundamentally alters the uni-
versity's on-campus housing program
by adding a mandatory on-campus
housing component for non-degree-
seeking disabled students, a com-
ponent which is optional under the
Higher Education Act for programs
similar to OPTIONS."
Montgomery also said, "The judge's
order does not satisfy the legitimate
interests of the university's matriculat-
ed, degree-seeking students and their
parents or its legitimate interests in
designing academic programs, which
includes on-campus housing."
No stranger to advocacy for indi-
viduals with disabilities, Micah is the

winner of many awards and honors
and is a speaker on inclusion and
inclusive post-secondary experiences.
He maintained a well-read blog during
his OU endeavor and is the subject of
the documentary film, Through the
Same Door: Inclusion Includes College,
directed by Paul Rossen.
Micah began his final semester in
OU's OPTIONS program by walking
to class on Jan. 5, thrilled with the
outcome of his battle. He will be one of
the first two OPTIONS participants to
complete the program this May.
"[The judge's] decision clearly stated
I would be a positive asset to the uni-
versity," Micah said. "It was the affida-
vits by my peers and my professors at
Oakland University who made it clear
that I would continue to be a great
OU student and that I should have the
right to the full college experience.
"Even though the case has taken
more than two years, I am extremely
happy with the decision. I am
extremely pleased that the court said
that 'I am a student' and recognized
my educational efforts.
"I have learned that it is hard to
fight battles for justice and inclusion:'
Micah said. "I also learned that when
we create community, we can change
the world. This struggle will help
many other people in colleges across
the country. I hope that other students
with disabilities continue to dream big
and fight for what they believe in." O

Share your thoughts: www.thejewishnews.
com/community. Go to Local News.

Look for Micah's Web site:
www. throughthesamedoor.com.
Access Micah's blog:
www.throughthesamedoor.
blogspot.com.

