Stokes' assertion that she could not provide reasonable accommodation to PW was unfounded, and the Hearing Officer so finds.
It is also noted that PW graduated in December 2017 with a BA in physical education. Obviously, his disabilities were accommodated in all his other classes.
During her testimony, Dr. Stokes testified that she thought KSU, not she, was responsible for accommodating PW. 2 HR 38:00 and 2:03:30. Given the direction to faculty in the Faculty Handbook that they “shall not engage in any act of discrimination based on disability,” Dr. Stokes’ feigned ignorance of her responsibility is not credible.
No evidence showed Dr. Stokes made any effort to accommodate PW.
This is a further example of Dr. Stokes acting as if she had autonomous control of access to her classes.
By failing to grant a student's request for reasonable accommodations for his learning disabilities, Dr. Stokes engaged in an act of discrimination based on disability, and in doing so, she violated Section 2.9.2(j) of the KSU Faculty Handbook.
The Petitioner argues Dr. Stokes will be entitled to back pay even if the Board of Regents upholds her termination. Section 2.8 of the KSU Faculty Handbook governing "Separation from the University," contains two provisions relevant to the Petitioner's argument.
The first relevant provision appears under Subsection 2.8.4, titled “Suspension,” which states,
Suspension is temporary denial of employment with or without pay until the Board of Regents can give full consideration to the charges leading to suspension. . . . Suspension for any period greater than five days must be approved by the president. Whether such suspension is with or without
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