it is our contention here today that hasn't had the university provided the accommodations that their own disability office approves miss guilt when we would have been a qualified or otherwise qualified to be a student at probably ever seen a physical therapy therapy program the district court was required to term and whether or not the plane to was qualified at the time of the that held that a university needs to look at whether or not a student was qualified when they ask for that accommodation the st time and not when they requested where unreasonable that is helpful and asserts that she was denied accommodations that were required to give her meaningful access and has she been granted those accommodations she would not have struggled academically like she did the district court points to its timeliness and professionalism issues as an example of otherwise qualified what the court will be able to consider when that these issues involving timeliness or what the university called unprofessionalism were actually manifestations of her disability which which is the reason why she was asking for additional time as a reasonable cost as one dollar of the reasonable accommodations that she was requesting and that the university had also only granted her but failed to implement and actually provide for those accommodations under the kind analysis the district court's analysis was improper in and even considering the these issues of unprofessionalism or timeliness because again we're talking about issues that developed after she requested accommodations and and where the basis of what the university used as her her dismissal from the university i've got a question about how how in your view we should measure the failure to accommodate claim here let me give an example a specific example from the record of what i mean if we look at fall of two thousand and sixteen that fall semester your client asked for three forms of assistance no taking time extra time for t and exter time to turn in assignments two of the three requests were commentated she was given no taking assistants and more time for tasks but she was not given extra time to submit assignments is that is that one failure enough to create a jury issue in your view and if so why i believe that it's enough to create a jury issue on that particular on next year of course however when we're talking about her her time in the entire program i think we have to look at the  client attended the university attended classes classes occurred by semester so you're suggesting don't measure it don't measure whether there was a failure to accommodate each semester measure it court but we believe that as just one mini examples that are left unresolved and are and should be decided so i'm i'm not saying that that that's not enough i believe that  but i think that it's just one of many examples that a jury should have been the university accepted ms gilfillan into their program as a qualified student they determined before the accepted her that she was qualified and they testified to that at the time of deposition appropriately requested accommodations in her seconds semester and the program accommodations were approved by bradley university's disability office the professors and the department that she was in decided to the situation that she found herself in in two thousand and seventeen and she would have completed and graduated from the program at this point i would like to reserve the remaining time that i have that academic coaching and simply not an accommodation and there doesn't seem to be much discussion of that this morning but with respect to extended deadlines the plaintiff's interpretation of extended deadlines is as long as she could ask prior to a due date then she was automatically entitled to extensions  classroom access on page ninety five notation says they may request additional time for assignments these requests may be approved or denied by the professor in this case we're talking about dr tippett the department chair and his response thank you grayson this is page ninety seven the twenty one dish one i believe that our assignments and p t a twenty are well laid out with a realistic time for him so i look for you to complete all your assignments for the class on the date they are d the very syllabus for that course indicates that it's then sions can be granted there were stench of those granted including to the point of but the concept that she had was well whenever i want something i'll request it now she contends that because of what dr tippett said here was she just knew that she would never get any kind of an record there you see that what happened was she was late multiple times but never ever wants requested an extension the district court correctly no in its memorandum opinion there that there were a number of occasions on which extensions were granted to the plaintiff but you cannot have in this type of a program a situation where students can say well i don't want to finish this after the semester or whenever i get around to it there's no debate that this program ever bred very rigorous three year lock step program that is designed to produce qualified saying well you know there were a lot of times a lot of different semesters where bradley did offer various accommodations is that is that legally correct and let me give you a hypothetical suppose for example there was a student that was blind that needed a a laptop computer in class the university appropriately agreed of course will give you a laptop in the student said it also helps for me to sit in the front of the room from the lecture hall from the classroom in the university so of course will accommodate that too and into of eight semesters the university didn't do so didn't provide the laptop didn't provide the cd would your position there be now you know they did they did it sixty six dollars out of eight times six out of eight semesters that's good enough it would be good enough if the student without accommodation passed those classes in the student's  standing and was not diminished that would be the case here if failure to accomodate resulted in a negative impact on the students academic performance i would agree as your honor is a line that that may not be added that surprises me would you take that position if a student needed to have a wheelchair ramp to get in an academic building would you say well you know they pack they passed the semester so the absence of a ramp wasn't a big problem i think that the case law does include your honor a causation element that has to be met there are two different things going on here however the failure to accommodate and intentional discrimination both of them are combined in the count one we're dealing with here i think that the failure to accommodate perhaps in a physical disability situation is you're describing where the student couldn't have the benefit of being in the classroom could have an impact but could cross the line to a violation but here what we're talking about is extending the end lines i thought your client would agree to these forms of accommodation are you you know are you saying we know we don't agree to any of them and yet in all ever not at all all  declaratively but when you were talking about you know the teacher in that p t twenty or whatever the st class was you mentioned you know it was it was up to her his discretion right and she point to any circumstance where there was a class with an assignment where the plaintiff said i need an extension with an assignment and the professor at a time when this accommodation was in effect said no that's tonight so is the proper way to measure distance semester by semester accommodation by accommodation yes do  district court do that no bottom line result being not qualified no but the overall result was well within what was dictated by the universities and book for this class and well it wasn't specifically rely on is the reason the plaintiff was so with my time just about expired if there are any questions i'd like to address them otherwise thank you thank you very much steve back it's thank you  her assignments so at that point requested additional time from her professor would have been women futile and it was she'd already had several meetings with these instructors before that's a mystery began and it was made very clear to her that any requests in that course work or other course british one time would not be granted but mr wasn't wasn't the extended deadline accommodation a qualified that it required professor approval and was course to set it so that any of the professors could withhold extended deadlines that was inconsistent with extended deadlines was inconsistent with the teaching objectives the discretion to decide whether or not they want to grant a request to approve an accommodation or not so yes the document did say that the instructors had that ability well but we believe that that also was a violation of should be approved or not approved there that they certainly most the structures have have no qualifications to make that determination i see my time is expired and if there are no per the questions i will submit this matter on