EXHIBIT B


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

MICAH FIALKA-FELDMAN,
Plaintiff,
Case No. 08-CV-14922
Vv. 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, Lionel Maten, state under oath that the following is true:

1, T 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. Tam currently employed by Oakland University as its Director of University Housing.
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. The University has housing capacity for approximately 1,800 students/residents.

4, The University has approximately 14,000 students enrolled in degree granting
programs.

5. Student housing is reserved for students enrolled in 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 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
hostel program or authorized summer camp programs,

6. Campus Housing is not made available to those students who are not pursuing a
college or graduate degree.

7 Each semester, a number of students seek accommodations for their physical or
mental disabilities so that they may live in student housing. These students meet the requirement
for being eligible for student housing since they are pursing degrees. The University routinely
provides reasonable accommodations to these students’ disabilities so that may live in student
housing.

8. All students in student housing must also carry full-time academic loads and maintain
required academic standards in their studies.

9. Micah Fialka-Feldman applied for a student housing assignment for the Winter Term.
of 2008. His application was accepted because the staff handling his application did not realize
that he was ineligible for student housing. The OPTIONS program was new at that time, and
many staff did not know its participants’ status at the University. Participants in the OPTIONS
program are not pursuing higher education degrees or enrolled in degree-granting program, do not
earn credits at the University, and do not maintain required academic standards.

10. Shortly thereafter, senior management at the University realized that Mr. Fialka-
Feldman was erroneously granted permission to live in student housing. The University then
promptly notified him of the error and reiterated its policy that student housing is reserved for
students pursing degrees.

11. Ihave denied housing to those continuing education students in the University’s
English as a second Language Program (“ESL”) who were not seeking a degree. Some ESL
students may have been permitted to live in the dorms, but those ESL students were conditionally
admitted into a degree granting program or were international students pursuing a degree.

Further affiant sayeth not.

ionel Maten, Director of Housing
Oakland University
STATE OF MICHIGAN )
ss
COUNTY OF OAKLAND _)

The signator is known to me and acknowledged the foregoing instrument this 5th day of

January, 2009: A d. fue
Cet fue ( Meat

Jdnnifer LC. Swiatowy, Notary Public
Oakland County, Michigan
My Commission expires: 10/11/15

Jennifer L. Swiatowy
Notary Public
2 Oakland County, Michigan
wee My Commission Expires: 10-11-15