Metro

for this semester.
A Big Win
The December 2009 hearing, attended
by Micah's family, friends, professors and
other supporters resulted in Duggan's
ruling that OU did not show that enroll-
ment in a degree-granting program is an
essential requirement to live in a campus
dormitory.
Micah moved into his residential hous-
ing room with help from 10 friends and
family members, including his dad, his
mom, Janice Fialka, and sister Emma
Fialka-Feldman, 21, a student at Mount
Holyoke College in South Hadley, Mass.
Oren Goldenberg of Detroit, who has
known Micah since high school, helped
with the move. "Micah is pursuing a
meaningful path in his life by fighting
anything that gets in his way of becoming
a complete man and active member of
society': Goldenberg said.
"Micah is proving he is less different
than anyone thought, and that all people
with disabilities are less different than you
think"
Micah was not assigned a roommate,
but Richard Feldman said, "Micah is capa-
ble of living in a dorm setting on his own
or with a roommate, if assigned one. No
additional accommodations are required:'
Micah, as an OPTIONS participant,
does not pay tuition, but instead pays pro-
for two hours — each way to and from his gram fees equal to room and board costs
charged to any resident of the dorms.
Huntington Woods home — five days a
The university has about 19,000 stu-
week, when he began a campaign to move
dents and space for nearly 2,000 students
onto the school's campus.
in campus residences. As of last fall, there
In the fall of 2007, he applied to live
were 422 students on campus with dis-
in residential housing and was, at first,
abilities who are enrolled, degree-seeking
accepted for the following January semes-
students, of which 75 live in OU housing.
ter. When he later received word that he
The recent ruling does not require the
would not be able to live in the dorm
university to admit all students with
because he was not in a
degree-seeking program, Above; Micah Fialka- disabilities who are in non-degree
Feldman is extremely seeking programs into the school's
he began a determined
housing program.
pleased to have work
battle.
"Each student would have to
the right to live in
In October 2008,
apply for a reasonable accommo-
campus dorm at
Micah spoke at an OU
Oakland University in dation, specifically to waive the
board of trustees meet-
matriculating student requirement
Rochester
ing."I thanked them for
for housing': said Micah's attorney,
opening the doors of
Chris Davis of the Michigan Protection
their university to students with cognitive
and Advocacy Service in Livonia. "The
impairments:' he said. "Then I told them
student's request must then be evaluated
that I wanted the full college experience,
on an individual basis and on the actual
which included living in the dorm:'
facts of the situation.
His request was again denied.
"The university must not rely on pre-
Soon after, Micah's lawsuit was filed.
sumptions of what the student can or
This past February, Duggan denied a
can't do based on preconceived notions of
motion for a preliminary injunction, rul-
the
person's disability. I think this sets a
ing in favor of the school.
precedent
in that it pushes the boundar-
At an OU board meeting in November
ies
of
what
is considered a reasonable
2008, Micah presented more than 1,000
accommodation
under Section 504 of the
student signatures of support. When he
Rehabilitation
Act
of 1973',' Davis said.
was again denied his request, a permanent
injunction was filed requesting that Micah
be allowed to live in residential housing
Determination on page 12

A Lesson In
Determination

Micah Fialka-Feldman wins the right to live in a college dorm.

Shelli Liebman Dorfman
Senior Writer

ollowing a two-year pursuit
— that included four court hear-
ings and a five-hour video-taped
affidavit — Micah Fialka-Feldman finally
won his quest to live in a college dorm.
Initially denied a place in Oakland
University's student housing because he is
not a degree-seeking student, Micah spent
the evening of Jan. 4 moving into East
Vandenberg Hall, following a judge's Dec.
23 ruling.
Diagnosed with cognitive development
disorder Micah, 25, is enrolled in the OU
Post-Secondary Transitions program
(OPTIONS), which provides a campus-
based experience for college-aged students
with mild cognitive disabilities.
As an OPTIONS student, Micah is able
to audit university classes (without receiv-
ing credit or grades), participate in clubs
and student organizations, do volunteer
work on campus and learn life skills in an
age-appropriate setting.
But he was not eligible to live in
Rochester-based OU's halls or apartments
because he is not taking classes toward a
degree, a requirement for residency.
Although the university maintains that
Micah was denied residence in the dorm
because he is not enrolled in a degree-

seeking program, Micah's lawsuit chal-
lenged that it was because of his disability.
The case was heard in Federal Court
"based upon violations of the federal
Fair Housing Act and Section 504 of the
Rehabilitation Act of 1973, and Title II of
the Americans with Disabilities Act, all
of which prohibit discrimination based
upon disability" said Micah's dad, Richard
Feldman.
And U.S. District Court Judge Patrick
Duggan of the Eastern District of
Michigan ruled that Micah has the civil
right to live in the dorm.
According to Ted Montgomery, OU's
media relations director, the university
will file an appeal, but will not seek a stay
of the injunction that permits Micah to
live in on-campus housing during the
upcoming semester.

Unstoppable
Attending classes at OU since 2003
— first through the OU-based Rochester
Community Schools Post-Secondary
Transitions Program — Micah has been
part of OPTIONS since it started in 2007.
"Going to OU has been one of the best
things in my life;' he said. "I have taken
lots of good classes and have been in
many student organizations like Hillel and
Alpha Phi Omega."
Micah had been riding SMART buses

January 14 • 2010

11

