UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN

MICAH FIALKA-FELDMAN

Plaintiff,
Case No. 2:08-cv-14922-PJD-VMM
v. Hon. Patrick J. Duggan

OAKLAND UNIVERSITY BOARD
OF TRUSTEES
Defendant.
/

AFFIDAVIT OF MICAH FIALKA-FELDMAN

STATE OF MICHIGAN)
)ss
COUNTY OF WAYNE )

I, Micah Fialka-Feldman, being duly sworn, deposes and says as follows:

1. I am Micah Fialka-Feldman. I am 24 years old with a cognitive impairment. I
have attended Oakland University since 2003. The following statements are made
and based upon the best of my personal knowledge, information, and belief.

2. Beginning in the fall term of 2007, I have been a member in the OPTIONS
Program at the University. I am an original member of the OPTIONS program.
The program was designed for students with cognitive impairments that could not
be admitted to the University through the regular admissions process. As I
understood it, this program was to provide a fully inclusive college setting. This
was so that students like myself could attend the University and take classes with
other students my age.

3: In the Fall term 2008, I took 15 credit hours of course work at Oakland
University. I have a student identification card which states I am a student.
Additionally, I participate in several school activities; member of Alpha Phi
Omega fraternity, member of Hillel student organization, member of the
leadership retreats at OU, Up Until Dawn, and was active in the student
government election 2008. I also previously participated in the University Peace
group and the Social Work Club.

4. My parents help in several ways but most importantly they pay my tuition at
Oakland University. This is the same rate of tuition that all the other students at


10.

the University pay. I do not see why I am not entitled to all the services of the
University the same as other students.

I want the same right to live on-campus just as other students have. I take two
buses each day to school. This really becomes difficult in the winter time. I do
not understand why I am being forced to do this when other students have the
option of living on-campus.

This is why I asked to live on-campus. With winter here, it is important for me to
live on-campus. Prohibiting me from living on-campus causes me considerable
hardship and difficulty. This could be prevented if I was admitted to the dorms in
January, 2009, for the next semester.

I am prepared and ready to live in a dorm. My father and I took a tour of the
dorms in 2007. In addition I have had sleep-overs with some friends who live on
campus so that I could experience what it’s like living on campus. I do not believe
I need any special supports to live in the dorm.

I applied to live on campus in 2007, and I was approved on November 14, 2007.
Then just two weeks later on November 29, 2007, the University told me I was
not eligible. This was despite the fact that my family and I talked with University
officials numerous times over the previous six months about me wanting to live
on campus. At no time did any of them say I was not eligible to live on-campus.
In fact, they approved my application and then told me I was not eligible.

My family, friends and I have asked University officials numerous times to
reconsider their decision. They have refused. We have even gone directly to the
Board of Trustees and still the University refuses to change or modify its policy.

I do not understand Oakland University’s actions and I feel they do not want me
to live on-campus because of my disability.

If called as a witness and sworn, I am competent and fully able to testify to

stated herein. Ure RPh ER FeO | ff

Micah Fialka-Feldman

Subscribed and sworn to before me
this_//*4 of December, 2008.

Zoe Zins”
Verna L. Lebar

; ze; Notary Public

Wayne County, State of Michigan
My Commission expires: Jan. 26 20/5"

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