student housing eligibility was that a person must be a student enrolled in a course or courses for
credit and recognized by the University as seeking a degree to Micah Fialka-Feldman, his father
Richard Feldman, and his mother Janice Fialka; Micah Fialka-Feldman had submitted his
November 2007 request to live in student housing; and | had written my December 1, 2008 (sic)
letter to Micah Fialka-Feldman advising him that he was not eligible to live in student housing.

12. |The University’s policy with regard to student housing eligibility that a person must
be a student enrolled in a course or courses for credit and recognized by the University as seeking
a degree has never changed during my tenure of employment, except to increase the minimum
credit hour requirement.

13. At no time did I consider Micah Fialka-Feldman’s alleged disability when applying
the University’s policy with regard to student housing eligibility, and Micah Fialka-Feldman’s
alleged disability played no part whatsoever in my decision to advise him that he was not eligible
to live in student housing.

14. It is my understanding that one former participant in the OPTIONS program applied
for, was recently admitted to, is enrolled in courses for credit, and is seeking a degree from, the
University. That student is currently eligible to apply for student housing.

15. | The current University Contract for Residence Halls Services - Room and Board is
the result of the aforementioned revisions and states that student housing is reserved for students
enrolled in or who are otherwise formally pursuing degree granting programs. Residents are:
formally admitted to the University as matriculated or conditionally admitted students in a degree
program at the University, enrolled in a minimum of 8 credit hours during each fall or winter
semester, or 4 credit hours for each spring or summer semester in which they reside in residence
halls or apartments; matriculated students in a degree program at another college or university that
has an affiliation agreement with the University; or participating in the University’s spring/summer
hostel program or authorized summer camp programs.

Further affiant saith not.

Liont] Maten, Directof of Housing
Oakland University

STATE OF MICHIGAN )
)ss
COUNTY OF OAKLAND}:

The signator is known to me and acknowledged the foregoing instrument this 15th day of
May, 2009.

unty, Michigan
My Commission expires: 10/11/2015
Jennifer t.. Swiatowy
Notary Public
Oakland County, Michigan
My Commission Expires: 10-11-15



EXHIBIT 1



UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MICAH FIALKA-FELDMAN,
Plaintiff,
Case No. 08-CV-14922
v. Hon. Patrick J. Duggan

OAKLAND UNIVERSITY BOARD OF TRUSTEES,

Defendant.
Chris E, Davis (P52159) BUTZEL LONG
Michigan Protection & Advocacy Service, Inc. By: Robert A, Boonin (P38172)
29200 Vassar Blvd., Suite 200 350 S. Main Street, Suite 300
Livonia, MI 48152 Ann Arbor, MI 48104
(248) 473-2990 (734) 995-3110
Attorney for Plaintiff Attorneys for Defendant
boonin@butzel.com
AFFIDAVIT OF LIONEL MATEN
STATE OF MICHIGAN )
)ss
COUNTY OF OAKLAND }

I, Lione] Maten, state under oath that the following is true:

1. I have personal knowledge of the facts in this Affidavit and, if sworn as a witness in
this matter, I can competently testify to the facts stated herein.

2. I am currently employed by Oakland University as its Director of University Housing,
and have been so since October 16, 2006. In that capacity, I am responsible for the operation of
the University’s dormitory and apartment facilities including the administration of its policies for
student housing eligibility.

3. Throughout my tenure of employment, J have understood the University’s policy with
regard to student housing eligibility to be that a person must be a student enrolled in a course or
courses for credit and recognized by the University as seeking a degree, or, a person must be an
individual participating in the University’s hostel program or an authorized summer camp program.

4, Sometime in 2007, and before Micah Fialka-Feldman submitted his request to live in



student housing in. November 2007, I personally met with Micah Fialka-Feldman, his father
Richard Feldman, and his mother Janice Fialka, and explained to all of them ‘that: the University’s
policy with regard to student housing eligibility was that a person must be a student enrolled in a _
course or courses for credit and recognized by the University as seeking a degree, arid that Micah
Fialka-Feldman was not eligible to live in student housing. :

5. I applied the foregoing University policy for student housing eligibility to Micah
Fialka-Feldman’s November 2007 request to live in student housing. The University’s Contract
for Residence Halls Services — Room and Board in use at the time, required that to be eligible for
student housing, a “student must be enrolled as.a student at the University throughout the entire
period of the Contract.” The University did not deem Micah Fialka-Feldman to be eligible to live
in student housing because he was not a student enrolled in a course or courses for credit and.
recognized by the University as seeking a degree.

6. My December 1, 2008 (sic) letter to Micah Fialka-Feldman stated in part that “The
housing contract you recently submitted is being returned to you as you are not an admitted
Oakland University student and are not registered for Winter 2008 classes. Students must be
registered to live in the Residence Halls . . . If the situation changes and you are able to get
registered, you are welcome to submit another housing contract.” The Winter 2008 semester
started on January 7, 2008.

7. It is my understanding that Micah Fialka-Feldman has never applied for admission to
a degree-granting program at the University. :

8. I have applied the foregoing policy for student housing eligibility uniformly to every
student and individual who has come to my attention who was requesting to live in student housing.

9. In the summer of 2007, before Micah Fialka-Feldman submitted his November 2007
request to live in student housing, Mary Beth Snyder, then Vice President for Student Affairs, and
I, began discussing the University’s retention rates and how they were negatively affected by the
number of credit hours a student was required to carry to be eligible to live in student housing. At
that time, if a person was a student enrolled. in only a one credit hour course, they were eligible to
live in student housing. We ultimately decided to increase the minimum credit hour requirement
to eight credit hours for the fall and winter semesters and four credit hours for the then spring and
summer semesters, and to implement those changes for the following Fall 2008 semester.

10, While preparing to implement the new minimum credit hour requirement, we decided
to revise the University’s Contract for Residence Halls Services - Room and Board to state more
explicitly the University’s. policy with regard to student housing eligibility and who are students
enrolled in a course or courses for credit and recognized by the University as seeking a degree, as
well as considering and/or making other revisions with regard to such things as the acceptable
methods of payment, room preferences, meal plan options, cancellation fees, appropriate
signatories, and the consolidation of the separate contracts then in use for the University’s
dormitory and apartment facilities.

11, Before the University’s Contract for Residence Halls Services - Room and Board was
actually revised, I had already personally explained that the University’s policy with regard to

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