McGregor v. Louisiana State University, 3 F.3d 850 (5th Cir. 1993) LSJ 434/CHID 434 Winter 2007 Sherrie Brown

FACTS McGregor was a law student at the Louisiana State University Law Center. McGregor is a “handicapped” person for purposes of Section 504 of the Rehabilitation Act of 1973 and LSU is covered under that federal law as a recipient of federal funds. When first admitted, he requested various accommodations. LSU rejected some but did provide a parking permit and additional time to complete his Criminal Law Exam. He did not achieve the overall GPA required after the first year and was admitted on scholastic probation as a returning first year student under certain conditions but with some additional accommodations due to his need for a wheelchair as well as additional time for exams, student proctor, etc. He repeatedly failed to achieve a passing cumulative GPA and LSU refused to advance him to the second year. McGregor threatened to sue and LSU attempted to work with him to modify their conditions by modifying the schedule. McGregor sued them under Section 504 arguing discrimination because 1) the accommodations did not directly address his disability & 2) by insisting on a full-time schedule, in-class exams, etc. He states that this was “equal treatment” and resulted in unequal opportunity to participate. LSU says that his additional requests for accommodations “amount to demands for preferential treatment or a substantial modification of its program.

ISSUE (take your pick!) Is McGregor “otherwise qualified” for retention in the LSU program? Does 504 require LSU to accommodate him by either giving him a part-time freshman schedule or at-home exams or by advancing him to second year?

HOLDING No.

REASONING Court relies on Davis—i.e., college does not have to lower or make substantial or fundamental modifications of standards if they are reasonable nor sacrifice the integrity of the program (lower their standards). Unless there is evidence of discriminatory intent or disparate impact (and here there is none), we defer to the LSU academic decisions. If LSU was required to accommodate McGregor as he requests…it would be preferential treatment and that goes beyond 504. McGregor is not an otherwise qualified individual because he has failed to meet the GPA even with reasonable accommodations.

SIGNIFICANCE Applies the Davis standard to a student retention case rather than an admissions case. Deference to the postsecondary institution when issue involves academic integrity—i.e., importance of full time schedules, unwillingness to allow McGregor to take exams at home.