Observer the
MARCH 30, 2017 VOLUME XXXVIII, ISSUE 5
www.fordhamobserver.com
Service Dog Denial Breached Law
S.A.G.E.S. Takes On Professor
By BEN MOORE Editor-in-Chief
By ELIZABETH LANDRY News Co-Editor
The U.S. Department of Education (DOE)’s Office for Civil Rights (OCR) in New York determined that Fordham University breached Section 504 of the Rehabilitation Act of 1973 when it denied a student’s request to live with a service dog in university housing. A letter signed by Timothy Blanchard, director of the New York OCR, on Feb. 24 2017, stated “OCR determined that the University was in violation of the regulation implementing Section 504,” which guarantees legal rights to an individual with a disability. The document specifies that this section is further supported by Title III of the Americans with Disabilities Act (ADA)’s definition of a “service animal” and stated protections of disabled individuals from discrimination in places of public accommodation. Despite her documented disability with the Office of Disability Services, Fordham denied the student’s request on three separate occasions since the process began in February of 2016. She submitted her request shortly after transferring to Fordham College at Lincoln Center (FCLC) and moving into McMahon Hall in the spring semester of 2016. On Aug. 4, 2016, just before she began her junior year, the DOE opened an investigation based on her allegations, with resolution proceedings that concluded in February of 2017. The student seeking the service dog provided The Observer with the OCR’s Letter of Findings for the case and the Resolution Agreement, signed on Feb. 23, 2017 by Elaine Crosson, general counsel at Fordham. The Letter of Findings states that it should not be relied upon as a formal statement of OCR policy. Per the OCR resolution document, Fordham denied the student’s request “in part because the documentation provided in support of the request was confusing, in that the complainant submitted documentation regarding various medical conditions at different times, and documentation was provided from doctors the dean did not believe would be most knowledgeable about the condition.” The document also states that the involved dean “did not believe that the documentation and information provided by the complainant adequately addressed how a service dog would address any major life activity affected by the complainant’s disability.” Through the course of the investigation, the OCR decided that “the University considered the complainant to be a qualified individual with a disability” and that “the complainant followed University policy in making a request for a service animal for her housing, and provided documentation demonstrating a nexus between the animal’s proposed function and her disability.” The document also stated that the university’s policy on service animals was “not discriminatory against disabled individuals on its face.” see SERVICE DOG pg. 2
JESSE CARLUCCI/THE OBSERVER
Despite having the sensitive location distinction, Fordham is not officially a “sanctuary campus.”
The Uncertainty of I.C.E. What it means to be a “sanctuary campus” By COLIN SHEELEY Staff Writer Many universities hesitate to declare themselves “sanctuary campuses,” and those who do have varying ideas about what that means. California State schools are building legal cases for undocumented students that might face detainment. Columbia University announced that it would not allow Immigration and Customs Enforcement (I.C.E.) agents on campus without a warrant or subpoena. Acquiring those forms of authorization, however, is a much easier task than might be expected. According to the I.C.E. Sensitive Locations policy, which checks agent operations in Fordham and other schools, as well as medical centers, places of worship, public ceremonies and demonstrations, agents are not bound by restrictions when obtaining records and documentation, or serving subpoenas. Fordham President Rev. Joseph M. McShane, S.J. issued a Jan. 29 statement announcing that Fordham “stands with” the undocumented immigrant community. The university has not openly declared itself a sanctuary campus, but has created a resource page for undocumented students that includes the Sensitive Locations policy. The policy, which otherwise requires agents to re-
OPINIONS
Where is Everyone? Why being involved matters
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ceive approval of a high-ranking Homeland Security official before conducting operations within a Sensitive Location only covers arrests, interviews, searches and surveillance. Obtaining University records of students’ immigration statuses falls well outside of those actions. Moreover, in the event of certain “exigent circumstances,” officers can conduct enforcement operations without authorization. Those circumstances include when the enforcement action involves a national security or terrorism matter, if there is an imminent risk of death, violence or physical harm to any person or property, as well as others. The Sensitive Locations policy has been in place since 2011, and I.C.E., whose membership increased from 10,000 to 21,000 agents under the Bush and Obama administrations, expects to gain 10,000 more. The agency, however, maintains that while some enforcement actions may occur at sensitive locations, such actions will generally be avoided. “Some of our undocumented students are both vulnerable and afraid,” Vice President of Public Safety John Carroll said in a recent meeting with representatives from United Student Government. “Our ultimate goal is to protect,” he said.
This week, students began speaking out about the Theatre Department director, Matthew Maguire. The tenured professor of 25 years, who currently teaches two classes per semester and advises students, recently settled a lawsuit brought by a former assistant professor which sought damages for sex discrimination and sexual harassment. The New York Post cited Kris Stone’s documentation as claiming that Maguire “made sure all his colleagues knew he was in an open marriage and consistently devoted ‘the first 20 minutes’ of each faculty meeting to a ‘monologue’ about sex,” as well as “[forced] ‘attractive female students’ and faculty advisers to go on dates with him,” and “required ‘some students in his acting classes to perform in class acts of rape, masturbation and molestation” and “to perform acts of simulated anal sex on stage.” According to New York Daily News, the accusations also included that Maguire talked about sex “nearly every time Stone saw [him],” “often boasted to her that he had slept with ‘hundreds of women’” and volunteered “that he had ‘masturbated with a snake.’” Fordham University denied the allegations and called them “deliberately provocative,” saying that the denial of Stone’s reappointment inspired her suit. On Feb. 15, a $20,000 settlement was reached in Manhattan Supreme Court. It included a gag order which silences any discussion of the case by Stone, whose position was not renewed in 2014. The Fordham administration did not notify students. Maguire is a well-known playwright, director and actor in the theatre department. A New York Times profile on his one-man autobiographical 2010 show “Wild Man” described his play as “affable, absorbing [and] buzz-inducing” and the man himself as “an appealing, talented performer.” In a rollicking Observer interview from 2010 about his one-man autobiographical show “Wild Man,” Maguire said his “drug of choice” was “lust.” Murmurs about Maguire’s case have prompted action by students anonymously, and attention from unofficial group Students for Sex and see SAGES pg. 2
SPORTS & HEALTH
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ARTS & CULTURE
Art Across the Pond
Profile: Maya Bannitt
A photographer’s London journey
Aspiring theatre professional
Fresh faces for Fordham football
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