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Between passion and policy: litigating the Guckenberger case.
L S Elswit1, E Geetter, J A Goldberg
1Boston University, Office of the General Counsel, MA 02215, USA. lelswit@bu.edu
Journal of Learning Disabilities
|October 29, 2004
Summary
The Guckenberger lawsuit involved Boston University
Area of Science:
- Legal Studies
- Higher Education Policy
- Disability Law
Background:
- The Guckenberger lawsuit arose from policy changes at Boston University concerning documentation for accommodation requests and course substitutions.
- Key events included then-Provost Jon Westling's speeches and the university's refusal to permit foreign language course substitutions.
Purpose of the Study:
- To detail the Guckenberger lawsuit from the perspective of Boston University's legal counsel.
- To analyze the events leading to the litigation, trial proceedings, and the court's final ruling.
Main Methods:
- Review of pretrial matters, including expert witness selection and legal motions.
- Analysis of trial testimony, focusing on expert opinions regarding learning disabilities.
- Examination of the court's decision and its implications.
Main Results:
- The article outlines the legal strategies and tactical issues faced during the Guckenberger lawsuit.
- It highlights differing expert opinions on learning disabilities presented during the trial.
- The court's ruling on significant case issues is presented.
Conclusions:
- The Guckenberger lawsuit had a notable impact on higher education institutions' policies regarding student accommodations.
- The case underscores the importance of clear documentation policies and the legal considerations for course substitutions.