UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

MICAH FIALKA-FELDMAN 

 JURY DEMAND

 Plaintiff, 

v. 

OAKLAND UNIVERSITY BOARD 

OF TRUSTEES 

 Defendant. 

______________________________________/ 

Chris E. Davis (P52159) 

Michigan Protection & Advocacy Service, Inc. 

29200 Vassar Blvd., Suite 200 

Livonia, MI 48152 

Phone: (248) 473-2990 

Email: cdavis@mpas.org

Attorney for Plaintiff 

_____________________________________/ 

COMPLAINT

I. INTRODUCTION 

1. This is an action for declaratory and injunctive relief as well as damages under the 

Fair Housing Act (FHA), 42 U.S.C. §1301 et seq. and Section 504 of the 

Rehabilitation Act of 1973, 29 U.S.C. § 794(a). 

2. The Plaintiff is a person with a disability who has requested to live in the 

dormitory on the university’s campus. 

3. The request, after initially being approved, was denied for the reason he was not 

in a program leading to a degree. 
4. Plaintiff because of his disability is not enrolled in one of the university’s 

programs leading to a degree. 

5. Plaintiff is enrolled in the university’s OPTIONS program, which does not 

currently offer a degree or certificate of completion. 

6. The policy of the university has disparate impact on students with cognitive 

impairments in that it effectively excludes all persons in OPTIONS program from

housing on campus. 

7. Plaintiff, through his counsel, requested as a reasonable accommodation that the 

policy be waived or modified for him. The university denied this request. 

II. JURISDICTION AND VENUE 

8. This Court has jurisdiction over the subject matter of this action pursuant to 28 

U.S.C. § 1331 and 28 U.S.C. § 1343. Plaintiff’s claim for declaratory and 

injunctive relief are authorized under 28 U.S.C. § 2201-2202 and 42 U.S.C. § 

1983. At all times relevant to this action, Defendants have acted under color of 

state law. 

9. Venue is proper in this U.S. District Court under 28 U.S.C. § 1391(b), because it 

is the district where the Defendant resides and a substantial part of the events or 

omissions giving rise to the Plaintiff’s claims arose here. 

III. PARTIES 

10. The Plaintiff, Micah Fialka-Feldman, is a 24-year-old man, from Huntington 

Woods, Oakland County, Michigan. 

11. Micah Fialka-Feldman has a cognitive impairment which substantially limits one 

or more major life activities, specifically, but not limited to, learning. 

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12. Micah Fialka-Feldman is a student in the OPTIONS program at Oakland 

University. 

13. The Defendant, OAKLAND UNIVERSITY BOARD OF TRUSTEES, is the 

governing body of Oakland University (OU) located in Rochester, Oakland 

County, Michigan. 

14. The Board’s authority to act is done pursuant to state law, MCL 390.151 et. seq., 

which grants the board full authority to make all decision relevant to this matter. 

IV. FACTUAL ALLEGATIONS 

15. Mr. Fialka-Feldman has been attending classes at OU since approximately the 

winter term of 2004. 

16. Beginning in the fall term of 2007, Mr. Fialka-Feldman was admitted to OU’s 

new program called the OPTIONS Program. 

17. The OPTIONS program is an activity or program of OU. 

18. The OPTIONS program was designed for students with cognitive impairments 

that could not be admitted to OU through the regular admissions process. 

19. Mr. Fialka-Feldman was admitted as a student in the program and takes at least 12 

credits hours of courses each semester at OU. 

20. Additionally, Mr. Fialka-Feldman as a student at OU participates in numerous 

school activities, the same as do other students admitted to other programs at OU, 

including: attending over 25 courses at the university, member of Alpha Phi 

Omega fraternity, member of Hillel student organization, member of the 

leadership retreats at OU, Up Until Dawn, Peace Group, active in the student 

government election 2008, and Social Work Club. 

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21. Mr. Fialka-Feldman must take several buses each day to and from his home in 

Huntington Woods, Michigan, and OU’s campus in Rochester, Michigan. 

22. Because of the long commute and because he wanted a complete university 

experience as do other persons his age, Mr. Fialka-Feldman began making 

inquires about living on-campus in the spring of 2006. 

23. Mr. Fialka-Feldman is capable of living on his own in a dormitory setting and if

any supports are needed a local agency, MORC, is ready and able to provide 

assistance. 

24. In the spring of 2007, Micah Fialka-Feldman and his father, Rich Feldman, took a 

pre-arranged tour of the dormitory housing at OU that was arranged by the 

Director of Housing, Lionel Matten. 

25. In the Fall of 2007, Micah Fialka-Feldman applied for on-campus housing in the 

dormitories at OU. 

26. On October 6, 2007, Rich Feldman submitted a check for $100.00 to OU for 

deposit on a dormitory room for Micah Fialka-Feldman. 

27. On November 14, 2007, Rich Feldman received e-mail confirming Micah FialkaFeldman was approved and he could begin living in a dorm room on-campus on 

January 6, 2008. 

28. Then, on November 29, 2007, Micah Fialka-Feldman and his family were 

informed, by e-mail, that he was not eligible to live in the dorm. 

29. On December 3, 2007, the $100.00 was refunded to Rich Feldman from the 

student account. 

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30. On April 25, 2008, Mr. Fialka-Feldman’s parents paid his tuition for the Winter 

Term 2008 to OU. 

31. On May 5, 2008, Mr. Fialka-Feldman and his family provided OU officials with 

numerous letters of support, which resulted in a meeting being arranged with 

OU’s Vice President for Student Affairs, Mary Beth Snyder. 

32. The meeting took place on May 22, 2008, and Ms. Snyder sent a letter the 

following day, which stated: “The University maintains resident halls for 

individuals who meet our admissions requirements and are enrolled in coursework 

leading to a degree. From time to time we do house students from other 

universities who are earning credits for transfer to another institution. . .”

33. Upon information and belief, OU has provided on-campus housing to students 

taking courses when they are not admitted to degree programs, including but not 

limited to, students in the English-As-A-Second-Language program.

34. In August 2008, Mr. Fialka-Feldman’s parents met with Vice President Snyder 

but were unable to persuade her to change her mind. 

35. At a meeting of the Board of Trustees on September 17, 2008, Mr. FialkaFeldman presented a petition to the Board asking that the OU change its decision 

and allow him to live on campus. 

36. On September 24, 2008, Vice President Snyder sent a letter to Mr. FialkaFeldman informing him that she would not change her decision. 

37. On October 7, 2008, legal counsel for Mr. Fialka-Feldman, Chris E. Davis, 

contacted legal counsel for OU, Victor A. Zimbardi, by letter advising him that it 

was Plaintiff’s belief that OU’s housing policy was discriminatory due to its 

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disparate impact on persons with disabilities, specifically persons with cognitive 

impairments. 

38. Additionally, Plaintiff’s counsel requested as a reasonable accommodation that 

the university waive the policy for Mr. Fialka-Feldman because he could not 

enroll in a program leading to a degree due to his disability. 

39. In a letter on November 7, 2008, OU’s legal counsel denied the request for 

reasonable accommodation and denied the policy was discriminatory. 

40. In a letter dated and faxed on November 14, 2008, Plaintiff’s counsel repeated the 

request for a reasonable accommodation on behalf of Mr. Fialka-Feldman. 

41. OU’s legal counsel again denied the requested reasonable accommodation by 

letter dated November 17, 2008. 

42. Mr. Fialka-Feldman has been extended most or all privileges of being an OU 

student except housing. 

V. CAUSES OF ACTION 

COUNT I: VIOLATION OF THE FAIR HOUSING ACT

DENIAL OF A REQUESTED REASONABLE ACCOMMODATION

43. Paragraphs 1 through 42 are incorporated by reference herein. 

44. The dormitory housing at OU is considered a dwelling pursuant to 42 U.S.C. § 

3602(b). 

45. Micah Fialka-Feldman is a person with a disability pursuant to 42 U.S.C. § 

3602(h). 

46. The Fair Housing Act prohibits the refusal to make reasonable accommodations 

in the rules, policies, practices, or services, when such an accommodation may be 

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necessary to afford a person with a disability equal opportunity to use and enjoy a 

dwelling. 42 U.S.C. § 3604(f)(3)(B). 

47. Due to his disability, the Plaintiff is not enrolled in an OU program leading 

toward a degree. 

48. By failing to grant Plaintiff’s reasonable accommodation request, that OU waive 

or modify its policy that to be eligible for housing a student must be in a program

leading toward a degree, the Defendant has discriminated against the Plaintiff by 

excluding him from on-campus housing in violation of aforementioned section of 

the Fair Housing Act. 

49. As a result of the actions of the Defendant, Mr. Fialka-Feldman has suffered 

significant emotional distress. 

COUNT II: VIOLATION OF THE FAIR HOUSING ACT

DISCRIMINATION, DISPARATE IMPACT

50. Paragraphs 1 through 49 are incorporated by reference herein. 

51. The housing policy of OU which limits on-campus housing to only those students 

enrolled in programs leading to a degree discriminates against the Plaintiff, which 

due to his disability, he is unable to enroll in a program leading toward a degree, 

and his fellow students in the OPTIONS program in violation of 42 U.S.C. § 3604 

(f)(1) and (2). 

52. As a result of the actions of the Defendant, Mr. Fialka-Feldman has suffered 

significant emotional distress. 

COUNT III: VIOLATION OF SECTION 504 OF THE 

REHABILITATION ACT OF 1973 DISCRIMINATION

53. Paragraphs 1 through 52 are incorporated by reference herein. 

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54. OU is a college or university and as such all operations of OU are “programs or 

activities” covered by Section 504 of the Rehabilitation Act of 1973. 29 U.S.C. § 

794 (b)(2)(A). 

55. OU is a recipient of federal funds. 

56. Pursuant to the regulations of U.S. Department of Education, Mr. Fialka-Feldman, 

who is capable of living in a dormitory setting, is a qualified handicapped person. 

34 C.F.R. § 104.3(l). 

57. The housing policy of OU which limits on-campus housing to only those students 

enrolled in programs leading to a degree discriminates against the Plaintiff and his 

fellow students in the OPTIONS program in violation of 34 C.F.R. § 104.4. 

58. As a result of the actions of the Defendant, Mr. Fialka-Feldman has suffered 

significant emotional distress. 

COUNT IV: VIOLATION OF SECTION 504 OF THE REHABILITATION ACT 

OF 1973 DENIAL OF REASONABLE ACCOMMODATION

59. Paragraphs 1 through 58 are incorporated by reference herein. 

60. OU is a recipient of federal funds. 

61. The refusal of OU to waive or make an exception to its housing policy denies the 

Plaintiff housing the choice of living accommodations that is, as a whole, 

comparable to that of nonhandicapped students. In violation of 34 CFR 104.45(a). 

62. As a result of the actions of the Defendant, Mr. Fialka-Feldman has suffered 

significant emotional distress. 

VI. JURY DEMAND 

63. Plaintiff hereby requests a trial by jury in this matter. 

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VII. REQUESTED RELIEF

The Plaintiff, Micah Fialka-Feldman, requests this Honorable Court for the following 

relief: 

a. A declaratory judgment that the actions of the Defendant OU violated the relevant 

sections of the Fair Housing Act and Section 504 of the Rehabilitation Act of 

1973; 

b. Injunctive relief ordering Defendant OU’s Board to immediately provide oncampus dormitory housing for the Plaintiff Micah Fialka-Feldman; 

c. An award of compensatory and punitive damages; 

d. Attorney fees and costs, and; 

e. Any and all other relief deemed equitable and just by this Court. 

 Respectfully submitted, 

Dated: November 25, 2008 s/Chris E. Davis

 MICHIGAN PROTECTION & 

 ADVOCACY SERVICE, INC. 

 Attorney for Plaintiff 

 29200 Vassar Blvd., Suite 200 

 Livonia, MI 48152 

 (248) 473-2990 

 cdavis@mpas.org

 P52159 

 

 

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