On September 4, 2013, Michael Argenyi, a deaf medical student, represented by the National Association of the Deaf (NAD), the law firm of Stein & Vargas and Disability Rights Nebraska, won a jury trial against Creighton University in the United States District Court for the District of Nebraska. Mr. Argenyi had been a student in the medical school at Creighton University beginning in 2009, and had requested that Creighton University provide him with real time captioning for classes and oral interpreters for clinics. Creighton refused to provide him with such services and also refused to allow Mr. Argenyi to bring interpreters even if he paid for the interpreters himself.
With NAD and the other lawyers representing Mr. Argenyi, a lawsuit was filed against Creighton in the United States District Court for the District of Nebraska. The District Court originally dismissed Mr. Argenyi’s case and ruled that Mr. Argenyi had not demonstrated that medical school was beyond his capacity without captioning or interpreting services. Upon appeal, the Eighth Circuit Court of Appeals reversed the District Court’s ruling, and remanded the case back to the District Court, holding that “Section 504 of the Rehabilitation Act and Title III of the ADA each require Creighton to provide reasonable auxiliary aids and services to afford Argenyi ‘meaningful access’ or an equal opportunity to gain the same benefit as his nondisabled peers.”A trial began in Omaha with opening arguments on August 22nd and ended with closing arguments on August 30th, and the jury returned with a verdict that Creighton University violated Mr. Argenyi’s right to communication access under the Rehabilitation Act and the ADA.
The NAD appreciates the strength and courage of Michael Argenyi for standing up to the improper conduct of Creighton University.
“Every university, college and school in the country should take note that deaf and hard of hearing people can achieve any dream including becoming a doctor, and the law clearly requires communication access to make such dreams possible. All schools should heed this case and support these dreams,” said Howard A. Rosenblum, CEO of the National Association for the Deaf.
For more information, contact Marc Charmatz at the National Association of the Deaf via email at nad (dot) info (at) nad (dot) org or telephone at 301-587-1788, or Mary Vargas at Stein & Vargas, LLP by email at Mary (dot) Vargas (at) steinvargas (dot) com or telephone at 240-793-3185.
State of the Science Conference on Lifespan Health and Function of Adults with Intellectual and Developmental Disabilities: Translating Research into Practice
National Task Group Early Detection Screen for Dementia (NTG-EDSD) Manual. L. Esralew, M.P. Janicki, M. DiSipio, N. Jokinen, S.M. Keller and Members of the National Task Group Section on Early Detection and Screening. (2013). NADD Bulletin, 16(3), 47-54.
The National Task Group on Intellectual Disabilities and Dementia Practices consensus recommendations for the evaluation and management of dementia in adults with intellectual disabilities
Guidelines for structuring community care and supports for people with intellectual disabilities affected by dementia
Guidelines for structuring community care and supports for people with intellectual disabilities affected by dementia. Jokinen, J. Janicki, M.P., Keller, S.M., McCallion, P., Force, L.T. and the National Task Group on Intellectual Disabilities and Dementia Practices. (2013). Journal of Policy and Practice in Intellectual Disabilities, 10(1), 1-28.
Efficacy of the HealthMatters Program Train-the-Trainer Model. Marks B, Sisirak J, Chang YC. (2013). Journal of Applied Research in Intellectual Disabilities, 26, 319-334. Article Link
Consensus Recommendations for the Evaluation and Management of Dementia in Adults With Intellectual Disabilities
Moran, J.A., Rafii, M.S., Keller, S.M., Singh, B.K., & Janicki, M.P. (2013). Consensus Recommendations for the Evaluation and Management of Dementia in Adults With Intellectual Disabilities. In press.
Edited by Tamar Heller & Alan Factor