Feds to investigate NIC student's complaint

The federal government will conduct an investigation over a former North Idaho College student's complaint of disability discrimination, according to a letter sent to the individual.

The Department of Education Office for Civil Rights has informed Tony Cruz, the disabled man who filed a complaint against the college, that it will investigate his assertion that the school denied his request to use a service animal in class.

The agency will also look into how NIC allegedly denied Cruz use of a special chair for his back issues.

"I'm not looking at this as benefiting me, but it benefits the general public and people with disabilities," said Cruz, 59.

The Coeur d'Alene man has said NIC's Center for Educational Access initially denied him use of his service dog in class for the fall semester. Cruz, a diabetic who relies on the dog to signal when his blood sugar drops, missed his first day of class as a result and was dropped.

Later that day the school turned around and approved his request, he said.

Cruz said he was also denied use of a special chair to accommodate his spinal stenosis. When the school was processing his requests, Cruz has said, he was required to show documentation that the school isn't allowed to ask for, under the Americans with Disabilities Act.

Through the Disability Action Center Northwest, Cruz filed a complaint over his treatment to the federal government in September.

At the time, NIC spokeswoman Stacy Hudson said the school's disability policies followed federal law.

The letter to Cruz from the OCR states that it has accepted his complaint for investigation.

The document also reads that Cruz's allegations raise a possible violation of section 504 of the Rehabilitation Act and Title 2 of the American Disabilities Act.

NIC has also received a letter from the agency, Hudson said, identifying that Cruz filed the complaint.

It is the school's understanding that "there is some investigation" regarding Cruz's complaint over denial of using a service animal and special accommodation, Hudson added.

"NIC's position continues to be that Mr. Cruz was not denied use of a service animal on campus and that he was provided with the opportunity to have reasonable accommodations based on his request," Hudson stated.

The school is cooperating with the OCR as it conducts its investigation, she said.

Representatives of the Disabilities Action Center Northwest might be included in discussions between the agency and the college, said Virgil Edwards, independent living advocate with the organization.

"I hope that the educational part of this is really brought out," Edwards said of what he hopes to result from the investigation. "That people need to stand up for themselves."

The OCR doesn't jump on an investigation unless the case looks "pretty tight," Edwards added.

"My hope is this will open the eyes of anybody else out there who may not understand the rules," he said.