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