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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT PIERCE DIVISION

 `

STEPHEN SPILKER,

 Plaintiff.

V. CASE NO.________________________

THE DISTRICT BOARD OF 

TRUSTEES FOR INDIAN RIVER

STATE COLLEGE, FLORIDA, (“IRSC”)

 Defendant.

_________________________________

COMPLAINT 

TO THE HONORABLE JUDGE OF THIS COURT:

COMES NOW, the Plaintiff, Stephen Spilker, by and through his undersigned 

Attorney hereby sues Defendant in the above caption style and alleges as follows:

1. INTRODUCTION

1. This cause of action arises from Defendants’ deliberately indifferent response to 

a teacher refusing to honor pre-approved disability accommodations for the Plaintiff.

Defendants’ failure to investigate and respond to the discrimination subjected Plaintiff, 

Stephen Spilker to further abuse and a hostile environment, effectively denying the 

Plaintiff access to educational opportunities promptly, appropriately, and fairly. This action 

alleges violations of Title II of the Americans with Disabilities Act of 1990, (“ADA”) and 

violations of Section 504 of the Rehabilitation Act of 1973.

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II. JURISTICTION AND VENUE

2. This court has subject matter jurisdiction over this case pursuant to 28

U.S.C. §1331, which gives District Courts jurisdiction over all civil actions arising under 

the Constitution, Laws, and Treaties of the United States.

3. This court also has subject matter jurisdiction pursuant to 28 U.S.C. §1343, 

which gives District Courts original jurisdiction over (a) any civil action authorized by law 

to be brought by any person to redress the deprivation, under color of any State Law, 

Statue, Ordinance, Regulation, Custom or Usage, of any Right, Privilege, or Immunity 

secured by the Constitution of the United States or by any Act of Congress providing for 

equal rights of citizens or of all persons within the jurisdiction of the United States; and (b) 

any civil action to recover damages or to secure equitable relief under any Act of 

Congress providing for the protection of civil rights.

4. Plaintiff, Stephen Spilker brings this action to redress a hostile educational

environment pursuant to Title II of the Americans with Disabilities Act of 1990, (“ADA”) 42

U.S.C. § 12101 et seg., as more fully set forth herein

5. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b), since the 

Defendant resides or resided in this district and the events giving rise to the claims 

occurred in this district.

6. This is an action for damages that exceed fifteen thousand dollars,

($15,000.00), exclusive of costs, interests, and attorney fees.

III. PARTIES

7. Plaintiff, Stephen Spilker, (“Plaintiff”) is and has been a student of Indigenous 

person

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River State College, Saint Lucie County, Florida always material hereto.

8. At all times material hereto, the Defendant, The District Board of Trustees

for Indian River State College, Saint Lucie County, Florida, “IRSC,” (“Defendant”) is and 

was the governing body responsible for the overall management and organization of 

Indian River State College, Saint Lucie County, Florida.

IV. APPLICABLE LAW AND POLICY

9. 42 U.S.C. § 12101 et seg. Findings and Purposes

(a) Findings- The Congress finds that-

(1) “Physical or mental disabilities in no way diminish a persons’ right to 

fully participate in all aspects of society, yet many people with physical 

and mental disabilities have been precluded from doing so because of 

discrimination; others who have a record of a disability also have been 

subjected to discrimination;”

(2) “Historically, society has tended to isolate and segregate individuals 

with disabilities, and despite some improvements, such forms of 

discrimination against individuals with disabilities continue to be a 

serious and pervasive social problem;”

(3) “Discrimination against individuals with disabilities persists in such 

critical areas as employment, housing, public accommodations, 

education, transportation, communication, recreation, 

institutionalization, health services, voting, and access to public 

services;”

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(4) “Unlike individuals who have experienced discrimination on the basis of 

race, color, sex, national origin, religion, or age, individuals who have 

experienced discrimination on basis of disability have often had no legal 

recourse to redress such discrimination;”

(5) “Individuals with disabilities continually encounter various forms of 

discrimination, including outright intentional exclusion, the 

discriminatory effects of architectural transportation, and communication 

barriers, overprotective rules and policies, failure to make modifications 

to existing facilities and practices, exclusionary qualification standards 

and criteria, segregation, and relegation to lesser services, programs, 

activities, benefits, jobs, or other opportunities;”

(6) “Census data, national polls, and other studies have documented that 

people with disabilities, as a group, occupy an inferior status in society, 

and are severely disadvantaged socially, vocationally, economically, 

and educationally;”

(7) “The nations’ proper goals regarding individuals with disabilities are to 

assure equality of opportunity, full participation, independent living, and 

self-sufficiency for such individuals; “and

(8) “The continuing existence of unfair and unnecessary discrimination and 

prejudice denies people with disabilities the opportunity to compete on 

an equal basis and to pursue those opportunities for which our free 

society is justifiably famous and costs the United States billions of 

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dollars in unnecessary expenses resulting from dependency and nonproductivity.”

(b) Purpose- It is the purpose of this chapter-

(1) “To provide a clear and comprehensive national mandate for the 

elimination of discrimination against individuals with disabilities;”

(2) “To provide clear, strong, consistent, enforceable standards addressing 

discrimination against individuals with disabilities;”

(3) “To ensure that the Federal Government plays a central role in 

enforcing the standards established in this chapter on behalf of 

individuals with disabilities;” and

(4) “To invoke the sweep of congressional authority, including the power to 

enforce the fourteenth amendment and to regulate commerce, in order 

to address the major areas of discrimination faced day to day by people 

with disabilities.”

10.42 U.S. Code § 12102 - Definition of disability:

(1) Disability- The term “disability” means, with respect to an individual-

(a) “A physical or mental impairment that substantially limits one or more 

major life activities of such individual;”

(b) “A record of such an impairment;” or

(c) “Being regarded as having such an impairment.”

11. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against 

people with disabilities in programs that receive federal financial assistance and

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acts to protect children and adults disabilities from exclusion, and unequal 

treatment in schools, jobs, and the community.

12. Americans with Disabilities Act, Title II Regulations states that: 

“The Department of Justices’ regulation implementing title II, subtitle A, of the ADA 

which prohibits discrimination on the basis of disability in all services, programs, 

and activities provided to the public by state and local governments, except public 

transportation services.”

13. 34 C.F.R. § 106.8(2)(c) provides,

“A recipient shall adopt and publish grievance procedures providing for

prompt and equitable resolution of student and employee complaints alleging any 

action which would be prohibited by this part.”

 At all material times, Indian River State College (“IRSC”) was receiving 

Federal funding. 29 U.S.C. § 794(a)-(b).

Indian River State College, by and through its governing body (“the 

Defendant”) implemented policies and customs to prevent the events that resulted in 

the deprivation of Plaintiff’s Constitutional, statutory, and common-law rights.

 Indian River State College, by and through its governing body (“the Defendant”) is 

 responsible for the acts and omissions of its employees. Indian River State College, 

 by and through its governing body (“the Defendant”) is responsible for ensuring its 

 employees are professionally trained and supervised to carry out their duties of 

employment regarding protecting their students from civil rights violations, disability 

discrimination, harassment, and ensuring a peaceful environment.

V. BACKGROUND FACTS AND ALLEGATIONS

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14. Plaintiff, Stephen Spilker is a student attending Indian River State College.

When on August 4, 2021, he was granted the degree of Associate in Arts, (Cum 

Laude). The Plaintiff is currently pursuing a bachelor’s degree in healthcare 

management. And he currently was in his second semester of the healthcare 

management program. 

15. Plaintiff, Stephen Spilker demonstrated outstanding academic achievements that 

landed him on the Dean’s list four (4) times, including the first semester in the 

bachelor’s degree program for healthcare management and continues to maintain 

a GPA of honors.

16.Plaintiff, Stephen Spilker is a student with severe verifiable cognitive disabilities.

17. Plaintiff, Stephen Spilker has a history of stage 3 aggressive prostate cancer with 

intense treatments that contribute to the severe cognitive degeneration.

18.During the spring semester of 2021, the Plaintiff, Stephen Spilker noticed an

unusual severe loss of memory, including, but not limited to math formulas and any 

math style questions.

19. Plaintiffs’ Oncologist concurred with the Plaintiff’s premonition that “loss of 

memory” is a direct result of the cancer treatments and intense hormone 

treatments. The Plaintiff, while still in the spring semester of 2021, initiated the 

conversation with the school’s administrators regarding disability accommodations 

he is entitled to, due to his disability. Plaintiff was informed to start the process with 

the Indian River State College office of “Student Accessibility Services” (SAS) 

Contact Ms. Sherise Hobson. So, he filled out the necessary paperwork given to 

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him by the office of the Student Accessibility Services, including verification by the 

Social Security Administration, verifying Mr. Spiler is deemed disabled for life.

20.Plaintiff, Stephen Spilker, still in the spring semester of 2021 initiated the 

conversation with the schools’ administrators regarding disability accommodations 

he is entitled to, due to his disability. Plaintiff was informed to start the process with 

the Indian River State College, office of “Student Accessibility Services,” (SAS).

Contact Ms. Sherise Hobson. Plaintiff filled out and signed all the necessary 

paperwork given to him by the office of the Student Accessibility Services, 

including verification by the Social Security Administration verifying Mr. Spilker is 

deemed disabled for life.

21. Plaintiff was also told to get a letter from his Oncologist to complete the process 

and verification that he was under the oncologist’s care. 

22. Sherise Hobson, Office of Student Accessibility Services told Mr. Spilker “[he] 

needs verification regarding the cognitive degeneration is caused by cancer 

treatments.” On April 1, 2021, Plaintiffs’ Oncologist, bound by law, can only 

provide verification that Mr. Stephen Spilker is under [his] care for Mr. Spilkers’ 

oncology needs. Plaintiffs, Oncologist cannot provide by law the details of the 

treatments and any effects to any treatments that it may cause.

23.Mr. Spilker already knows his Oncologist would not reveal any further details 

regarding his treatments and/or side effects to any treatments.

24.Mr. Spilker sought out Indian River State Colleges’ Health and Wellness Center to 

speak to Dr. Patricia Corey, PhD.,R.N. regarding getting verification to satisfy the 

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Office of Student Accessibility Services. Dr. Corey has many years of being an 

oncology registered nurse. 

25.On April 8, 2021, Dr. Corey provided Indian River State College, Office of Student 

Accessibility Services and the Plaintiff with a letter verifying that the cancer 

treatments Mr. Spilker is receiving does correlate with cognitive degeneration. 

Moreover, Dr. Corey cites a peer reviewed article written by (Dr. Ryan, 2019) 

stating that studies show men with prostate cancer receiving androgen deprivation 

therapy has an increase loss of memory.

26. A brief time after (date unknown by the Plaintiff) Mr. Spilker was granted disability 

accommodations by Sherise Hobson, Student Accessibility Services.

27.The accommodations set forth by the Office of SAS reads’ as written:

a) 4 Function Calculator: Student may use a 4-function calculator for all

timed and/or proctored assessments in mathematics courses unless the use

of a calculator would fundamentally alter the nature of what is being

assessed.

b) Assessment time extension of 2x (200%) applied to the standard time

allocation for the assessment. Use of testing time extension does not

provide for an extension of the assigned due date. Student can choose to

take proctored exams at home via Honor lock or in-person at an IRSC

Assessment Center by appointment. Students and faculty should determine

which option will be used for proctored assessments early in the semester.

For in-person testing in the Assessment Center, students will need to call or

stop in any IRSC Assessment Center to make an appointment in advance.

Professors should include ALL testing accommodations in the Honor lock

testing instructions or on the IRSC Test form.

c) Extended time - Assignment - 2x (200%): is eligible for any timed

assignments given during the class period and is expected to be completed

after class and submitted to the professor that same day.

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d) Extension of Due Dates - 1 week: Allow for extension of due dates -

Extension of due date - additional 1 week. Allow for makeup of assignments

or testing without penalty.

·e) Formula sheet or reference information for Math: Use of formula sheet

or reference information for mathematics testing. This accommodation can

only be implemented if the use of the formula sheet or reference information

is coordinated through the professor and is not a fundamental alteration of

the assessment.

28. From that moment on, at the start of every semester and mini semester, all the 

Plaintiffs’ instructors and the Plaintiff would receive an email, furnished with a copy 

of the accommodations that must be afforded to the Plaintiff as a matter of Indian 

River State College Rules and Policies in accordance with Federal and State 

Laws, (see ¶ 40a-e). 

29.Plaintiff, Stephen Spilker states all the instructors for the spring semester 2021, 

summer semester 2021, and fall semester 2021 abided by the accommodations 

set forth by the Office of Student Accessibility Services, including the instructor 

whereas this cause of action originates from. At this point, Plaintiff emphasizes, 

Sherise Hobson, Office of Student Accessibility Services, relocated to a different 

assignment and Ms. Dale Hayes is now the advisor for the Office of Student 

Accessibility Services.

30.On or about during previous Semester, when Mr. James Howse, Professor of 

Financial Accounting I, II, and Managerial Accounting and the Professor of the 

Managerial Accounting course the Plaintiff was enrolled in refused to give the 

Plaintiff the correct formula to a specific question on a specific exam for Managerial 

Accounting which resulted in a failed exam, (see ¶ 40e). He subsequently failed 

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the course. Plaintiff emphasizes, all his classes are online classes whereas all the 

assignments, homework, quizzes, and exams are done at the students’ home and 

due by the due dates posted in “schedule of activities,” located in the course 

syllabus.

31.On the following day of the exam in question, Plaintiff came to Fort Pierce campus 

to meet with Professor Howse in his office to discuss the Plaintiffs’ complaint 

regarding not having the proper formula to a specific question on the specific exam 

that was worth 52 points.

32.Mr. Howse met with the Plaintiff, whereas Mr. Howse became argumentative and 

stated he does not know what the word “formula” means.

33.During that meeting Mr. Howse also stated, “[he] and the Plaintiff needs’ to meet 

with Dale Hayes, Office of Student Accessibility Services to discuss the 

accommodation details.”

34.Plaintiff, Stephen Spilker was uncomfortable by Mr. Howse’s change of demeanor 

towards the Plaintiff and unaware of the horrifying atrocities that soon follow by Mr. 

Howse and other school employees and administrators.

35. After many phone calls and meetings of trying to resolve the discrimination by 

Professor Howse and administration Plaintiff sent a text message to the teacher 

(text message attached) 

36. The text message prompted a threatening phone by Frank Watkins to meet in a 

zoom meeting to discuss the text message. 

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37. The zoom meeting on March 10, 2022, yielded absolutely no violations of any 

school codes, yet they insisted the results of the zoom meeting prompted Student 

Affairs meeting to determine the Plaintiff’s punishment. 

38.On April 4th, the Plaintiff received a public safety report stated that he could not 

come back on the campus property due to an incident that never happened. 

39.This meeting was an assault on the Plaintiff emotionally, who was overpowered

by the State College staff. This was supposed to be a non-bias neutral meeting. 

Plaintiff was verbally attacked by a roundtable of staff and staff members in the 

gallery. Plaintiff was not allowed any material in or any evidence. Security was 

also posted outside the room. They became offensive toward the Plaintiff that he 

had to leave the meeting. The results of the meeting are attached. 

40. The Plaintiff was traumatized by this whole incident. This resulted in repeated 

treatments with his counselor, resulting in treatment bills as a result of the 

psychological trauma suffered by the Defendant’s causing over $15,000 of 

damages. 

41. Defendant’s action is in violation of the Americans with Disabilities Act and 

Section 504 of the Rehabilitation Act of 1973, as accommodations under these 

acts were readily available but were not provided by the Defendant as spelled out 

in paragraphs above. 

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WHEREFORE, the Plaintiff respectfully requests judgment in his favor and against the 

Defendant “the District Board of Trustees of Indian River State College, IRSC” for all 

damages to which he may be entitled, including, without limitations: 

a. Compensatory damages, including but not limited to, mental anguish, loss 

of dignity and any other intangible injuries 

b. An award for reasonable Attorney’s fees and all costs incurred herein; and 

c. Such other relief as this court deems proper including ordering the 

Defendant, the District Board of Trustees of Indian River State College to 

produce a copy of official transcripts showing the Plaintiff did not receive an 

“F” in Managerial Accounting but received an “A.” And did not receive a “C” 

in Financial Accounting II but received an “A.” 

d. Allow the Plaintiff to retake all pertinent examinations complete with all 

federally mandated accommodations and concurrent with Defendant’s 

accommodations policy. 

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CERTIFICATE OF SERVICE

I certify that a copy of this forgoing instrument was served to via REGISTERED 

PROCESS SERVER to Mr. Richard Neill Jr. Esq., 311 South 2nd Steet #200 Fort 

Pierce, Fl 34950 Representing the Defendant the District Board of Trustees for Indian 

River State College. 

Scott R. Stark, Esq., FBN 0771945 

24862 U.S. 19 NORTH #2005 

CLEARWATER, FLORIDA 33763

727 475-8836 landlines 

727 403-1716 CELL 727 412-3171 CELL

sstarklaw@yahoo.com

 

 

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