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Doctoral candidate loses ADA and racial discrimination claim against Miami U.

Regina Ann McCormick was accepted into Miami University's psychology doctoral program. Not long after she started, however, she was diagnosed with an inflammatory disease called plica syndrome.  Apparently it resulted in degenerative and reheumatoid arthritis, necessitating surgical and other medical treatments.  McCormick's supervisors sent her two warnings that she would not be maintained in the doctoral program if she did not progress more rapidly with better academic performance.  After the second of these warnings, she achieved her Masters Degree with good standing and maintained a 3.74 GPA.  Nevertheless, she was not maintained in the doctoral program.  She sued alleging discrimination.

The trial court dismissed her claim and the Sixth Circuit upheld the decision on appeal.  It decided that the ADA and rehabilitation claims were pursued too late, and that the discrimination and retailatiation claims could not be brought under the federal statute McCormick's attorneys cited.

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