Zukle v. Regents of the University of CA

1. Zukle v. Regents of the University of CA 166 F.3d 1041 (9th Cir.1999)

2. Facts • Sherrie Zukle entered UC Davis medical school in 1991 • During the first two years she experienced academic difficulty, and the Student Evaluation Committee (SEC) put her on academic probation and required her to get tested for a learning disability • It was found that she had a disability related to reading comprehension • In 1994, Zukle failed her US Medical Licensing Exam • The Medical School offered her accommodations for her disability, including extra time to prepare for exams, an extra year to complete her pre-clinical program, and a paid six-week review course for the Licensing Exam • During the clinical phase of the program, she failed several of her clerkship courses and asked to be allowed to start a new clerkship and finish the previous one at a later date

3. Facts • The Dean denied Zukle’s request and insisted that she finish her first clerkship • Zukle finished the clerkship but received a failing grade while already on academic probation • The SEC reviewed her case and decided that she must retake the failed clerkship and remain on academic probation • Her case was further reviewed by the Promotions Board who dismissed her for failure to meet the academic standards of the School of Medicine • Zukle appealed this decision to the Board on Student Dismissal; they upheld the dismissal • She filed suit in District Court claiming a violation of the ADA and section 504 of the Rehabilitation Act • She claimed that the Medical School had not given her reasonable accommodation and that she was “otherwise qualified”

4. Issues • Does the ADA allow deference towards academic institutions when it comes to the question of whether an undue burden is imposed on the institution’s program? • Is Zukle’s dismissal justified on the basis of professional opinions of the Medical School faculty and staff? • Did the Medical School reasonably accommodate Zukle’s disability?

5. Holding • Yes, the ADA does allow the courts to defer to the professional expertise of publicly funded institutions • Yes, her dismissal is justified because she is not “otherwise qualified” • Yes, the Medical School offered reasonable accommodations as required by the ADA and Section 504

6. Reasoning • Zukle’s request to stop her clerkship and start another was deemed by the faculty and validated by the courts to be an undue burden on the structure of the medical program • She was reasonably accommodated by being granted extra time to prepare for exams, being allowed to retake exams and failed classes, being offered a paid review session to obtain her medical license • She was not otherwise qualified because the unique hands-on experience of the clerkship is crucial to preparation for the medical profession • Therefore, excusing her from her clerkship would seriously compromise the quality of her training and the legitimacy of the school • The court recognizes its own limited knowledge of the medical profession and defers professional decisions to the medical experts

7. Significance • Academic institutions have more autonomy when deciding what qualifications are required of the students and what is considered to be an undue burden on their programs • Helps clarify what is and what is not considered to be a reasonable accommodation • Further narrows the scope of the protections granted under the ADA and Section 504

8. Group 4 • Tierney Edwards • Ryan Slyter • Skyler Craig • Sheena Brown • Jackie Long