obligation is triggered by a number of factors it's not it's simply a situation where you have to get to know office to trigger it interview interview there was more here than that quite a bit more here than that well i think just in general the the idea that there's a whole line of cases which state that you don't need any magic words in order to trigger this process to doctor waggled went to the employ that's that's correct your honor you know did not do more than that though well in this case and worsley was not sufficient because even though she took f m l a leave it was not sufficient in the sense that st of all she had to work on work during the leave on some some as certainly in the record secondly i'm sorry because she had to work during leave so if you work during her f n l leave she don't she had to do it because she felt she had to do it because asked her doctor to you know fill out the forms for worth so there's a lot in the record so it's not just going to you know office getting the ethanol leave but in addition there is the issue that she has her supervisors for  for the ability to not only take time off for surgery also time off for lay duty after return from surgery but also set time in advance for medical appointments so her supervisors realise  this no magic words again on top of that she had difficulties coming back from her late duty and as our expert noted that should have also put the the training director at the university of chicago and she actually trains other residency directors well i think at that point we in our view it was the university's responsibility to reach out to her and in are accurate to process it in term if you needed more so the key issue and we agree with the expert on that on this is that you have this right when she came back from her late duty she had her surgery she got two weeks late today which the record suggests is not wasn't all that light because she worked some extra down she just couldn't cope with the the demands of the time which were that a basically a homeless shelter had clue closed and they were inundated with different people with mental problems and she just couldn't that his efforts to have her trance or were shut down be for two reasons st of all that the doctor kind of hono in dr griffith who ran the program with not basically give her the credit she needed in order to believe that to go through the program to go to another program and they wouldn't really interact with the other programs in terms of you know research this question we generally i mean it was not we never thought this was necessarily focus of this case but it is one of the you don't think this is an important issue on appeal you know it was i think it's part of it part of the issue and did you find any case on the  they please of course if i may i would like to begin with references and matters that rose an appeal for the st time to reply brief to which we therefore have not had an opportunity to respond if i may just briefly the pages eight and nine of the reply brief but i believe that occurs at the point where the person particularly in the position of this train need is advised to go to an office that has been designated by the university with thousands of employees this is where you go to get this kind of help and assistance the st moment that the program director became aware that dr waggle was having health related difficulties in her training program in may of two thousand and fifteen no no quite quite the opposite your honor if i may because she was not eligible under this standard benefits program yet for at and help a leave she received an email from this and it was in the benefits office saying you can't get these benefits yet under f m l a leave but you get the same benefits you can get the same benefits under the americans with disabilities the hack and in an email to her said you can get these benefits they in the email please do this dr rigel because this is where we will be able to help you dr wagram never went and certainly not at that time she didn't go to the office instead she took just ordinary leave she didn't se uniformly across this universities everybody gets treated fairly the position dr waggle takes here is that somehow people across the university faculty members program of illustrators should all be responsible for seeing that she gets appropriate accommodation of the a t f well it is a particular statute a particular procedure particular needs and demands and requirements the university has set up an office so that everybody processes unless it's so apparent that an accommodation needs to be sought and here she an interaction with a number of different people at the university why wasn't it not so apparent that he wasn't sure because you know this is very interesting because in the record of all times when it was recommended to doctor when i go by the program director and others that you take leave your own her pushback was no i don't need that i'm doing just fine i am that was all  the program was saying to her you may need to be taking care of yourself please go here into this and she would push back no everything's fine i don't need that the university does at that system up for the very reason that two occasions and she had this on each of those two occasions it was immediately granted the st time in october when there was a dispute over whether she could get more than standard time off to take a national us emily medical licensing exam and the nd time was much much later in february after the decision had already been made for her dismissal she applied again for ever mostly this time for the st time for intermittently which she invokes throughout her brief as necessary scheduled appointments events as soon as she applied to the internet and definitely in february it was immediate and so on every occasion where she engaged the appropriate system that she never went to the o e oh and in any meaningful way had a discussion if she had a discussion or go on never had a discussion that could fairly be read as having in any way  he's just not performing as a resident would be expected to perform in this program and there seems to be in the universe is aware he does  among a very lucky young people with a cancer diagnosis with team to cure the follow up and once here meeting with a physician for imaging studies to evaluate them to see that the cancer in fact had been cured and that's what she told at least at the initial stages that's what she told the faculty members that she and gates with my time's up so her problems that she was having in the program were not disease related or apparently disease related she clung to all multiple problems in her tenure in the program totally unrelated to any apparent health related issues and that's what became the focus of the decision not look at the whole person as he should have as you as he should have but instead pick and choose just negative information about her there was a whole host of positive information including reviews from the doctors who she actually worked with  to this question of academic due process the they admitted that the appeals were really of fraudulent because dr berger who would be the ultimate deciding authority on the appeals told dr dyer that he would just affirm whatever they did so no she did not get academic due process yes there are many questions of material fact in dispute this should be decided by a on the over we just ask judges questions which case will continue