The Michigan Protection and Advocacy Service was awarded $101,676 in legal fees from Oakland University for their representation of former student Micah Fialka-Feldman in his lawsuit. Fialka-Feldman won his suit in the Eastern District Court last December.

However, the battle is far from over as the administration at OU has appealed the verdict to the U.S Court Of Appeals for the Sixth District in Cincinnati.

 “I’m not sure why they are trying to keep it going,” Fialka-Feldman said. “It’s already done; I’m not sure why they are wasting so much tax money.”

Representatives from Oakland University declined to comment because it is still pending litigation. It is unknown whether any tax or tuition dollars are actually being used to fund the litigation process.

In the first verdict, it was stated that OU had failed to provide reasonable accommodation to Fialka-Feldman under Section 504 of the Rehabilitation Act of 1973. He moved into East Vandenberg Hall in early January, more than a year after the lawsuit was filed, ending his days of taking buses for two hours each way to get to the campus from his Huntington Woods home.

Fialka-Feldman was enrolled in OU’s OPTIONS program, a non degree continuing educational program designed for individuals who have intellectual disabilities that cannot be admitted through the regular admissions process. He has since moved out of the OU dormitories and received his certificate of completion for the program.

Michigan Protection and Advocacy Service attorney Chris Davis, who represented Fialka-Feldman, said that an appeal was expected from the university, but is happy with the overall outcome.

 “I am obviously pleased with the court’s decision,” Davis said. “I think it sends a message that when an institution violates a person’s civil rights, there is a significant cost for doing so.”

While there is no date set for the appeals hearing in Cincinnati as of yet, Davis estimates that it will likely be between January and March of 2011. He hopes that this will capture more attention and make new possibilities for students like Fialka-Feldman all across the country.

 “Perhaps this outcome will raise awareness on this issue and increase opportunities for persons with intellectual disabilities to fully participate in all aspects of campus life at colleges and universities,” Davis said.

 Fialka-Feldman hopes to see OPTIONS continue next year.

“I just hope the program can keep on going next fall,” Fialka-Feldman said. “I hope the school does not close it.”