Micah Fialka-Feldman has won his legal battle against Oakland University administration and can now live on campus housing, per the official ruling made by judge Patrick Duggan of the Eastern District of Michigan.
“I feel excited and can’t wait to move in,” Fialka-Feldman said on Dec. 29, a day after he received the ruling. “It’s a great opportunity for me to move in to the dorms and show that I’m a student and all the students have supported me.”
He has been fighting for the right to live on campus but has been repeatedly denied the opportunity for one and a half years.
The university said this was because he is not a fully-matriculated student and is not a degree-seeking student, which is a requirement in the housing contract.
Fialka-Feldman audits classes without receiving grades, but pays fees equal to tuition, through OU’s OPTIONS program. OPTIONS lets a handful of students with cognitive disabilities audit classes.
Although the judge ordered OU to provide housing for Fialka-Feldman for this winter semester, his last semester at OU, it is still unclear if he will receive a room. He said as of now, he hasn’t received any details about living on campus.
Calls and e-mails to OU housing staff to inquire if there is enough room on campus, or if they will provide additional support because he is cognitively-impaired have not yet been returned because the staff are on holiday break.
Call and e-mails to OU spokespersons for comments and whether OU will appeal the decision were also not yet returned because they are also on holiday break.
For additional coverage on the ruling, see The Oakland Press
Click here for prior coverage and watch for more in-depth coverage from The Oakland Post
Micah Fialka-Feldman has won his two-year battle against Oakland University with the ruling by a federal judge that the intellectually disabled student has the civil right to live in a dorm on campus under the federal Rehabilitation Act.