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C 1 policies. 1 Q (Continuing by Mr. Davis:) When he arrived.
2  Q. Covered postings was in the handbooks? 2 A. No, I was learning the program.
3 A. Tomy, tomy recollection, yes. 3 Q. And after you got familiar with the program and became use|]
4 Q. And you said, just to clarify, the purchasing question 4 to it, what's going on in the program, did you see a need ]
5 about how to go about purchasing things and putting in 5 then to conduct a revision of those policies and
6 purchase orders, that was covered where? 6 procedures?
7 A. That actually, the overseer of that in the university 7 A. Yes.
8 system would have been, you know, don't recall titles, but 8 Q. And when was that?
9 it would have been through our business and purchasing 9 A. Discussions were had throughout my first year in my
10 departments would have been the overseers of that. In our 10 administration. The initial, the initial action that I can
12 operation the person, there's two individuals who have been ai recall to memory was when I approached our general counsel,
12 responsible for that, and that's the clerical technical 12 informed him about redoing the housing contract and |
13 staff member and Deb Meadowbrook who I addressed earlier.| 13 actually trying to combine, we had two separate contracts
14 Q. There's no where like a new employee could come in and see} 14 for university student apartments and for a, for our
as purchasing orders are to be directed to the assistant is traditional residence halls. And so as we, as we worked to
16 director of operations? 16 enhanced to continue to grow the academic programs within
17 A. In their meeting with whoever was there immediate direct 17 the residence house, it was, it was my opinion and through
18 report, they would have been instructed in our orientation 18 internet research what other schools were doing, that we
19 process who to go to for those things. 19 needed to really focus on having a set number of credit
20 Q. Okay. Did you undertake a rewrite of the student handbook | 20 hours for students living in the residence house, as well L
21 at all? 21 as, initially I had conversation with Mary Beth about aGPA
22 A. The student handbook is not under my administrative duties.| 22 requirement as well. [
23 Q. Who handles that? 23 Q. What other changes needed to be made?
24 A. I'm aware that it comes out of the office that's occupied 24 A. [cannot recall.
25 by Dean Snyder, but who manages it and actually has the 25 Q. Were there additional changes made?
( Page 18 Page 20
1 final say, I do not know. 1 A. The process for rewriting the student, there were
2  Q Just to clarify, we're talking about the housing student 2 additional changes being made, yes.
3 handbook. 3 Q_ Dovyou recall any major ones that needed to be done?
4 A. Okay. 4 MR. BOONIN: To the handbook?
5 Q. That still comes out of -- 5 Q. (Continuing by Mr. Davis:) To the handbook, or to the
6 A. That is managed under my operation. 6 contract, since you've mentioned that application slash
7 Q. That is managed under you? 7 contract.
8 A. Ub-huh. 8 A. Repeat your question.
9 Q. Did you undertake a rewriting of the student housing 9 Q. Do you recall any other major changes that were made,
10 handbook? 10 either in the student housing handbook, or the application
al A. Yes. a1 contract, other than the one that you just mentioned about
12 Q. How frequently was that rewritten? 12 credits?
13 A. It wasn't, it wasn't necessarily rewritten, it was, it was 13 A. Imean as we were combining university student apartments
14 revised. 14 contract and the traditional residence hall contract,
15 Q_ Howoften was it revised? 15 there were multiple changes being made. Can I recalll those
16 A. Annually. 16 sub headings, not without having the information.
17 Q. Annually. Okay. So when you came in 2006, you didn't look} 17 Q. Why was there a need to combine the two contracts?
18 around and say, there needs to be a significant change in 18 A. The two housing contracts?
19 policies and procedures and rewriting of the handbook, it 19 Q. Yes.
20 was just the normal yearly review, or did you see need for 20 A. Efficiency.
21 major changes? 21 Q. And why was there a need to put a credit requirement in
22 A. To the student handbook? 22 there?
23 Q To the student handbook and the policies and procedures in | 23 A. Credit requirements in the handbook?
24 the student handbook for housing? 24 Q. In the, cither the handbook or in the housing contract?

MR. BOONIN: When he arrived?

A._ Why was there a requirement?

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1 that has a stamp on it of November Ist that we've used 1 doing with students with Asperger's, and to get further
2 before. But in regards to this application, marked as 2 clarification as to if, if Micah in fact met the enrollment
3 Exhibit 2, do you know how the, who accepted the 3 requires of the university to reside in the residence.
4 application at the housing department? 4 Q. You asked for further clarification on Micah's enrollment
5 A. Define to me acceptance? 5 status?
6  Q Just took the application. I'm not talking about approving | 6 A. On Micah’s, on whether or not Micah had made satisfactory,
7 the application, I'm just talking about physically taking 7 had gone through the satisfactory process of being accepted
8 the application from him for review. 8 as an enrolled student at the university.
9 A. No. 9 Q Did you discuss it with vice-president Snyder at all?
10 Q. When did you first learn of the fact that Micah had 10 A. Did I discuss?
a1 submitted an application? 11 Q. Did you discuss the situation with vice-president Snyder at
12 A. I donot recall the date and time. 12 all, I'm talking about while this application was pending,
13 Q. Did it ever, did you ever learn that the housing department | 13 before your rejection letter?
14 staff were discussing with Micah a move-in date for a 14 A. Yes.
15 dormitory room? 1s Q. You recall when you had the discussions with vice-president ff
16 A. Define, can you just clarify your question? 16 Snyder?
17 Q. Did you ever learn that a housing staff member, any house} 17 A. Date and actual time, I do not, I cannot recall.
18 staff member, was discussing with Micah a move-in date foy 18 Q. Do you recall what the nature of the conversation was?
19 a dormitory room on campus? 19 A. It was, it was, had conversation was, yes.
20 A. Again, I need to understand what the discussion is. 20 Q. And what did the two of you discuss in this conversation?
21 Q. When did you learn, did you ever learn of an e-mail from 21 A. Did Micah's application, or had, did Micah complete the
22 Roxanne, who works in your housing department, correct? | 22 necessary requirements of the university to going through
23 A. Yes. 23 the admissions process to qualify himself as a
24 Q. Roxanne works in the housing department? 24 matriculating student pursuing a college degree.
25 A. Uh-huh. 25 Q. Atthis time, did you understand that OPTIONS students were |
Page 46 Page 48 ||
1 Q_ Drawing on blank on Roxanne's last name at the moment. 1 not matriculating students?
2 A. Fisher. 2 MR. BOONIN: Prior to the meeting?
3 Q Ms, Fisher. Did you ever see an e-mail from her to Micah 3 Q (Continuing by Mr. Davis:) At the time you met with
4 discussing a move-in date for a dormitory room for Micah? 4 doctor, or with vice-president Snyder, did you know that
5 MR. BOONIN: Prior to the lawsuit or ever? 5 the OPTIONS students were not matriculating students?
6 MR. DAVIS: Prior to the lawsuit. 6 A. Yes.
7 A. Did I ever see the e-mail? 7 Q. And it was a firm policy of the university, of the housing
8  Q. (Continuing by Mr. Davis:) My question is isn't did you 8 department, that matriculating students, nonmatriculating
9 see the e-mail, let me rephrase that. 9 students were not eligible for housing, correct?
10 Did you ever leam that someone was processing an 10 A. During the time I was employed, I embody those policies of
11 application, or did you ever learn of an e-mail from al the institution, of the institution, yeah.
12 Roxanne to Micah concerning housing, moving into the 12 Q. So that was a firm policy of the university?
13 housing dormitory room? 130A. Yes.
14 A. Micah moving into the dormitory room, yes. 14 Q. So why was there a need to have a conversation with
15 Q Do you recall when you learned of that? 15 vice-president Snyder?
16 A. Ido not at this current time do I recall the date and 16 A. There was, because, because for the first time, I mean our
17 time. 17 process for admission into housing was to when we got the
18  Q  Wasitprior to you sending out the rejection letter of 18 contract, was to go in and see of the student had a G
19 November the 29th, 2007? 19 number, and, and Micah showed that he had a G number. A
20 A. Yes, 20  Q Soyou now were questioning whether OPTIONS students werd)
21 Q And what did you do when you leamed of that communication] 21 matriculating students? |
22 A. I, when I learned of the communication, what did I do. I 22 A. Yes.
23 informed Rebecca Wickham to, to take that communication to 23 Q. And how do you know Micah had a G number?
24 acommittee that she sat on addressing students who were 24 A. It was included on his contract.
matriculating students, who were on a program where wewere | 25 Q.
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1 A. The fall semester of each year that I was the director of 2 Q_ Okay. And what did he tell you about the OPTIONS Program]
2 housing? 2 A. He spoke with me about the, about his desire to have the
3 Q Yes. 3 OPTIONS Program to have, to have a housing component with
4 A. Tomy recollection, I can recall the last two years were 4 the OPTIONS Program.
5 typically full during the fall. And during my term last, 5 Q. Okay. And did you, what was your response to that?
6 over the three years of my two years seven months of my 6 A. Ido not recall my direct response to Dr. Wiggins.
7 administration, we did have waiting lists. 7 Q. Okay. Do you recall having to consult with anybody about
8 Q. We're talking the fall of 2007 and the fall of 2008 to be 8 his ideas?
9 specific? 9 AL Yes.
10 A. The fall of 2007, at this point in time I would say yes. 10 Q._And who did you consult with?
11 Q. Then in the winter terms, were there wait lists? 11 A. Rebecca Wickham.
12 A. In the winter terms, or in the winter of 2008. 12 Q. And what were those concerns about her discussions?
13 Q. Well, let's go each one. In the winter of 2008 and the 13 A. Itwas simply to inform that I'd been approached by a
14 winter of 20097 14 faculty member about having a program for having a housing
15 A. There were not, no. 15 component for program called OPTIONS, and my inquiry was
16 Q. So there were empty dorm rooms in the winter of 2007, I'm | 16 what was, did she have any knowledge of the program.
17 sorry, 2008? 17 Q. Of the OPTIONS Program?
18 A. Winter 2008, in the winter of 2008, your question? 18 A. The OPTIONS Program wanting a housing component.
19 Q. Were there empty dorm rooms in the winter of 2008? 19 Q. Now, in your conversations with Dr. Wiggins, did he explain
20 A. Due to attrition, yes. 20 to you the nature of the OPTIONS Program at all?
21 Q. Were there empty dorm rooms in the winter of 2009? 21 MR. BOONIN: His first conversation?
22 A. Due to attrition, yes. 22 MR. DAVIS: The first conversation, yeah.
23 Q. How about in the winter of 2007, you came in the middle of | 23 A. I cannot recall to what level of detail. What I remember
24 that school year, do you recall in the winter of 2007 if 24 is him talking about the housing component to the program.
25 there was waiting lists then? 25 Q. (Continuing by Mr. Davis:) Okay. Did he explain to you
Page 30 Page 32]
1 A. Winter of 2007, the winter of 2007, yes. 1 the students that were in the OPTIONS Program, what the
2 Q. I want to tum now your attention to the OPTIONS Program. 2 general nature of the program was, and what the students,
3 Go off the record for a second. 3 who the students were that were in the OPTIONS Program?
4 (BREAK HAD AT 10:58 A.M. TO 11:00 A.M.) 4 A. At this current time, I cannot recall. [.
5 Q (Continuing by Mr. Davis:) Back on the record then. I 5 Q Soyou talked with Rebecca Wickham, and I'm sorry, I forgot
6 want to tum your attention now to the OPTIONS Program 6 what you said, she's the head, what was her position then?
7 itself. How did you first learn of the OPTIONS Program? 7 A. Rebecca title is associate director for housing.
8 A. There were conversations with Dr. Wiggins. 8 Q Okay. And did she have any knowledge of the OPTIONS
9 Q And do you know when that was approximately? 9 Program?
10 A. [cannot recall a date and time. 10 A. Yes,
11 Q Canyou maybe break it down by year, or school year? 11 Q Sodid she share that knowledge with you, or what did you
12 A. It would have been in the academic year of fall 2006, 12 talk about when talking about this component for the
13 winter 2007. 13 OPTIONS housing component for the OPTIONS Program?
14 Q. So before the program actually started operating in the 14 A. Can you rephrase your question.
15 fall of 2007, he first talked with you about it in the 15 Q. What did the two of you discuss about the housing
16 winter of 2007? 16 components to the OPTIONS Program, was it feasibility, did
17 MR. BOONIN: Sometime during that year he said. 17 that come up as a discussion?
18 Q (Continuing by Mr. Davis:) You said winter of 2007? 1g A. No.
19 A. I said sometime during that year. 19 Q. Was it not possible at all, is that discussed?
20 MR. BOONIN: The 06/07 year. 20 A. Yes.
21 Q. (Continuing by Mr. Davis:) Okay. During the, so during 21 Q. Why was it not possible?
22 the academic 06/07 year, you had some discussion with Dr. 22 A. The students, the participants in the OPTIONS Program w
23 Wiggins about the housing program, I'm sorry, about the 23 not matriculating students. They were students who, from
OPTIONS Program? what I recall from Rebecca in our discussion, who were just
A. Sometime during the fall 2006, winter 2007. i rses, and we did not provide housit

8 (Pages 29 to 32)

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C } 2 Q Why was there a need to add that? 1 during the summer term.
” 2 A. Wewere, we were continuing to grow the academic component} 2  Q. Soyou increased them from one up to eight, and four for
3 of the, of the residence halls. And my feeling, from my 3 the respective semesters?
4 expertise in working in this profession, it was critical 4 A. Increased the number of credits?
5 that students was focused on their academic, their academic 5 Q. Increased the required number of credit hours that the
6 progress to remain in the residence halls. So one way to 6 students had to carry to live in housing on campus, from
7 do that is to have some criteria and standards that 7 one up to eight or four, depending on the respective
8 students were responsible for and working towards. 8 semester?
9 Q. Okay. 9 A. Yes.
10 (BREAK HAD AT 10:31 A.M. TO 10:33 A.M.) 10 — Q. How did that improve the retention rates?
4. (EXHIBIT NO. 1 MARKED) 11 A. There are, there's antidotal, maybe mispronouncing that
12 Q (Continuing by Mr. Davis:) I'm going to hand you what's 12 word wrong, data that supported, we saw increases in
13 been marked as Exhibit No. 1. Take a moment to look at 13 student GPA's, and we saw our retention numbers from the|
14 that. Let me know when you've had a chance to review it. 14 first to second year of students residing in the residence
15 MR. BOONIN: Copy for me? 15 halls increase as well.
16 MR. DAVIS: Actually I only made one extra copy. 16 Q. What did they increase from?
17 A. Okay. 17 A. Ido not have that data to memory.
18 Q. (Continuing by Mr. Davis:) I want to direct your attention 18 Q. You say it's antidotal, so the data is not available, was
19 to paragraph number nine there. And in that paragraph, 19 it collected?
20 actually the second sentence, I, began discussing the 20 A. The data, yes.
21 university's retention rates and how they were negatively 21 Q. Okay. But again, looking at that paragraph number nine. |
22 affected by the number of credit hours a student was 22 It says, at the time if'a person was a student enrolled in i
23 required to carry to be eligible to live in student 23 a one credit course, they were eligible to live in student
24 housing. What was that discussion about, and how did the 24 housing. We ultimately decided to increase the minimum
25 credits affect retention rates? 25 credit hour required to be eight hours for the fall and /
( Page 22 Page 24]]
1 A. There was always a credit requirement to live in our 1 winter semester, and four credit hours for the then spring
2 residential facilities. However, that requirement was one 2 and summer semesters, and to implement those changes for
3 students could initially start with, with what the 3 the following fall 2008 semester, correct?
4 university termed a full load for the undergraduate 4 A. Correct.
5 student, which was twelve hours, and they could actually 5 Q. Sowhen Micah applied in the fall of 2007, the actual
6 reduce their number of hotirs all the way down to one hour 6 policy was that he had to be enrolled for at least one
7 and could continue to live in the residential facilities. 7 credit hour at the university, correct?
8 ‘That student was not focused on their academic pursuit, 8 A. Our policy states that students must be enrolled as a
9 making academic progress I felt towards a degree. And our 9 student, matriculating student, working towards a degree.
10 goal in continuing to grow the academic program in the 10 And if that student was accepted, we perceived a student in
a1 residence halls was for students to, to focus on academic a. our operations having been admitted through admissions and f)
12 pursuits. And so that's how that discussion started with, 12 going through the admissions process from the university
13 at that time. 13 and from a housing perspective, that is really how our
14 Q. Okay. Soa decision was to increase the number of academic] 14 process operated.
15 hours that was required? 15 Q. But that's not what you said in paragraph number nine of
16 A. That was required to live in the residential facilities? 16 your affidavit, is it?
17 Q. Yes. Is that correct? 17 A. We said that a person was a student enrolled, and again
18 A. Yes. 18 enrollment to housing was a student who had gone through
19 Q. And it went from a minimum of at least one up to what's now] 19 the admissions process, and been admitted to the
20 in the current contract application? 20 university, and pursuing an academic, working towards the
21 A. Ub-huh. 21 pursuit of an academic degree. :
22 Q. Which is I think about eight; is that correct? 22 Q. Did that language appear anywhere in the application that
23 A. Eight. Are you talking, is your question eight? 23 was being used in the fall of 2007 to your recollection?
24 Q. What's the current credit application requirements? MR. BOONIN: Let the record reflect he doesn't have
( 25 A. It's eight during the fall and winter semester, and four the contract in front of him.

6 (Pages 21 to 24)

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1 A. Yes. 1 Q. Were there any discussions about how the OPTIONS Program
2 Q. What did you have to say? 2 might satisfy the enrolled student requirement?
3 A. Lanswered questions related to housing. 3 A, Is there any discussion?
4 Q. And what, this assessment meeting, when did that take 4 MR. BOONIN: During that meeting?
5 place, do you recall? 5 Q. (Continuing by Mr. Davis:) Yes. I'm still talking about
6 A. Ido not remember the exact date or time. 6 the assessment meeting.
7 Q Wasit in the winter of 2007? 7 A. Can you rephrase your question, please.
8 A. Again, ! don't recall. 8 — Q. Were there any discussions about how the OPTIONS Program
9 Q. Is it possible it was before the fall of 2007? 9 might be able to satisfy the housing requirements of being
10 A. I don't recall the time and place. 10 an enrolled student?
a. MR. BOONIN: I believe he said, I thought this was 12 A. Could be satisfied. I'm trying to remember the last part
12 still within the academic year of 06/07 he was talking 12 of your question.
13 about the conversations that he had during that period. 13 Q. Were there any discusses at this assessment meeting about
14 One of he said other people were present. 14 how the OPTIONS Program, if Micah was in the OPTIONS
15 A. The question is, that you asked, this meeting that I was 15 Program, how that might satisfy the housing department's
16 invited to attend. And when that meeting occurred, I do 16 requirement of being an enrolled student for housing?
17 not know the time, remember the time or place. 17 A. Yes, if he was an enrolled student.
18 MR. BOONIN: I just understood it to be one of the 18 Q. Did you indicate that being in the OPTIONS Program would b¢
19 two meetings or discussions that you had with Dr. Wiggins | 19 sufficient to satisfy the enrolled student requirement? }
20 but if it's not. 20 A. No.
21 Q (Continuing by Mr. Davis:) Do you recall what questions | 21  Q. Okay. At that time was there any discussion about, I'm
22 you answered regarding housing at this assessment meeting? | 22 talking again about this assessment meeting, the OPTIONS.
23 A. Some. 23 Program having a certificate of completion?
24  Q And what were those questions? 24 A. Notto my, I do not recall at this current time.
25 A. One was, and this is not verbatim. 25 Q. At this assessment meeting, you agreed to give a tour, but
Page 38 Page 40
1 Q. Lunderstand. 1 why did you agree to give a tour if he wasn't going to be
2 A. One was, you know, what is the, the, could Micah reside in 2 eligible for the housing?
3 the, in the residential facility. And my answer to that 3 A. Our standard, why did I agree to give a tour. Our standard
4 was, you know, was that he needed to actually be a student 4 process is to provide tours to anyone who seeks it, who
5 admitted to the university, and so that was one such 5 seeks them.
6 question. One was, could we get a tour of the facility 6 Q. You're saying you made it clear that he’s not eligible?
7 and, again, what is the opportunity for Micah to, to give 7 A. Lyes.
8 ita try and reside in the facilities. 8 Q. In addition to the assessment meeting, did you have any
9 Q. And in regard to that last question, what was your answer 9 other meetings with the family members, by family members
10 to that, do you recall? 10 let's be specific, I'm talking about Rick Feldman, Micah
al A. That if, we have a policy, we have actually, my response 11 Fialka-Feldman, or Janis Fialka, that's his mother and
12 was steamed around our current policy, our current guest 12 father and himself?
13 policy and overnight policy, and that is if someone was 13 A. Yes.
14 willing to sign him in, we have a policy in place that he 14 Q. Were these meetings prior to or after that assessment
1s could stay in the facilities. 1s meeting?
16 Q. And in regard to giving him a tour of the facilities, did 16 A. To my knowledge, they were, they were after the assessment |}
17 you agree to do that? 17 meeting.
18 A. A tour of the residential facilities? 18 Q. How many meetings did you have?
19 Q. Yes. 19 A. Can you, can you define meetings?
20 A. Yes. 20 Q. Well, let's just say, did you have any conversations with
21 Q_ And did that tour in fact take place? 21 the family members?
22 A. Yes. 22 MR. BOONIN: Any other family members?
23 Q. Did you conduct the tour, or did you have somebody do that?} 23 MR. DAVIS: Any of the family members,
A. I cannot recall now, I tried to, but I can’t recall if 1 24 A. Yes.

Q. (Continuing by Mr. Davis:)

And who, which family member: |

10 (Pages 37 to 40)

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Page 65 Page 67 5
C 1 of those agreements? 1 MR. DAVIS: I think that's all I have to ask.
2 A. That would not have been under my jurisdiction. 2 MR. BOONIN: Ihave nothing. Thank you very much.
3 Q Who would? 3
4 A. I'm not for certain exactly who. 4
5 Q. Do you recall how many other students from other colleges| s
6 or universities were housed in the housing department? 6
7 A. Yes. 7 f
8 Q How many? 8 (WHEREUPON THE DEPOSITION CONCLUDED AT 12:27 P.M,
9 A. I'm not for certain of exact numbers, I can't give you an 9
10 actual number. 10
11 Q. In lets say your last year at the university 2007, 2008 a1
12 2009. 12
13 A. Uh-huh. 13
14 Q. Academic year. Do you recall if there were more than ten,| 14
15 less than ten? 15
16 A. The number will have to be verified. I think it was more 16
17 than ten, Cooley students. 17
18 — Q. Cooley students, Cooley College of Law? 18
19 A. I'm not for certain the exact title, but yes, it was a law 19
20 program. 20
21 Q Doyou recall any other students from any other colleges or} 22
22 universities being in the housing, being housed at Oakland | 22
23 University? 23
24 A. To the best of my, to the best of my knowledge at this 24
25 current time I can't think of any other. 25
( Page 66 Page 68 |
1 MR. DAVIS: Why don't we take a little break and 3 STATEOF MIGHIGAN) © ATE
2 then I think we're going to wrap up. } ss
3 (BREAK HAD AT 12:18 P.M. TO 12:25 P.M.) 3 COUNTY OF MACOMB }
4 Q. (Continuing by Mr. Davis:) We're back on the record. In 1, Amanda L. Grosshans, Certified Court Reporter,
5 your current employment at the University of Texas, are 5 Teall conan oat ae ce te ee
6 there any programs similar to the OPTIONS Program? 6 LIONEL MATEN, was duly swom by me prior to the taking of
7 A. Nonehave been brought to my attention. 7 ee eee cate ee 2 ten
8 Q. In the previous universities and colleges where you've 3 Croton eee er ae od deston lo 1 on,
9 worked, did they have any programs similar to the OPTIONS that the foregoing transcript is a true and accurate record of
10 Program? 9 the testimony given to the best of my understanding and ability
10 I FURTHER CERTIFY that I am neither counsel for, related
al A. Ido not recall any at this time. to, nor employed by any of the parties to the action in which
12 Q._ When Micah brought up waiving the matriculating student | “+ _ {ys procs ves en and Tuer, at Lam 12 ay the
13 role, did you consider that an accommodation request at all 12 parties hereto, nor financially interested, or otherwise, in the
14 regarding his disability? » = of this action; and that a have 2o contact with the
Parties, attomeys, or persons with an interest in the action
15. A. No. that affects or has a substantial tendency to affect
16 Q. Butyou did talk with the disability support services vail dofosdon tneepion orca oft roe
7 department, correct? 15 atfomey, or that requires me to provide any service notapade,
18 A. Linda Sisson in the department, yes. rg ubewal nisi y f
19 Q Did you discuss disability issues at all, or accommodations | *7 Amanda LC 5 3 Catton 2
20 at all? 18 Notary Public
21 MR. BOONIN: Regarding? ay commision expires: 9/20/2010
22 Q (Continuing by Mr. Davis:) Regarding Micah. 20
23 A. To the best of my recollection, the discussion was centered 22
24 on whether or not Micah was a student and entitled to the 3
( 25 the institution. 25 _ ———!

17. (Pages 65 to 68)
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C (f 1. A. Yes. 1 Oakland University, the possibility of on campus housing
2 Q. Did his father, Rich, ever make that request to you? 2 for participants in the OPTIONS Program?

3 A. I don't recall if it was him, or his wife, or both. 3 A. To the best of my knowledge, no.

4 Q Micah’s request, did he make that prior to the filing of 4 — Q Did you discuss with any organizations about off campus

5 this lawsuit? 5 housing for participants in the OPTIONS Program?

6 A. I don't remember the time and the place when that was going} 6 A. No.

7 on, and I really don't recall when the lawsuit was filed, 7 Q What about the transitions program?

8 And so Micah definitely was vocal that he wanted to live in 8 A. When you say outside organizations.

9 a residence house, but was that before the lawsuit. I will 9 Q. Any organization outside of Oakland University, did you
10 be honest, I can't recollect exactly the time and place. 10 discuss the possibility of off campus housing with them,
a2 Q. II told you the lawsuit was filed in November of 2008, a ai either for the OPTIONS Program or the transitions program?
12 year after the application had been submitted. 12 A. To the best of my knowledge, no.

13. A. Ub-huh. 13 Q_ T'mgoing to ask you to look at your deposition exhibit,
14 Q Would you recall any, if Micah made his request any time | 14 again, I believe it was marked as Exhibit 1. And in there
1s prior to November of 2008? 1s on paragraph fifteen it talks, give you a moment to look at
16 A. Yes. 16 that. What I want to direct your attention to, it makes

17 Q. You said you weren't sure if it was Rich Feldman or Janis 17 mention of other colleges or universities that have an

18 Fialka, or if it was them together, do you recall the 18 affiliation agreement with the university. Are there any
19 parents making that request prior to November of 2008? 19 such colleges or universities while you were the housing
20 A. Ican't, I can't, to my, to the best of my recollection I 20 director?

21 can't remember the exact time and place. 21 A. Other colleges or universities that have affiliation

22 Q. What granting, if you had granted his requested to waiver, 22 agreements?

23 what problems would that have caused for you as director of | 23 Q. For housing.

24 housing and administering the program? 24 A. Agreements for housing?

25 A. I can't speculate as to what that process would be because 25 Q. For housing students of those universities or colleges?

( Page 62 Page 64
1 the OPTIONS students did not qualify to live in the 1 A. For students attending academic programs, and of course as
2 residential facilities. 2 students, those students would be housed in, or could be
3 Q_ You didn't make any inquiry into what that would look like, 3 housed in our residential facilities because they were
4 or you just pretty much said, that's the policy, it's not 4 matriculating students.

5 changing, I'm not making any further inquiry into it? 5 Q. My question was, do you have any such agreements?

6 A. I think we discussed earlier as to how that process 6 A. DoThave an agreement with another housing program? |

7 occurred with Mary Beth and, you know, my question going to} 7  Q. Does Oakland University, when you were the housing directoy

8 Mary Beth, and that's the process that I followed and that 8 at Oakland University housing department --

9 was the extent of the process. 9 A. Have an agreement?

10 Q. Did you ever talk with anybody from disability support 10 Q. - with any other college or university?
il services in that department at all about this? ii A. Oakland University housing department have an agreement
12 A. Yes. 12 with another university housing program or just university
13. Q > Who did you talk with here? 13 period?
14 A. Linda Sisson. 14 Q. It was your affidavit. You're referring there to a degree
15 Q. And what did you discuss with Linda? 15 program at another college or university has an affiliation
16 A. That meeting, whether or not, whether or not Micah met the | 16 agreement with the university, I'm assuming the university
17 enrollment, met the enrollment guidelines or policies and 17 means Oakland University, correct?
18 procedures and process to be a matriculated student at the 18 A. Yes, the university had an affiliation agreement.
19 university, 19  Q Oakland University?
20 — Q._ But did you discuss at all waiving that policy with her as 20 A. To the best of my knowledge, yes.
21 an accommodation of a disability or anything of that 21 Q. Who did they have affiliation agreements with?
22 nature? 22 A. I cannot recall all of those affiliation agreements.
23 A. To the best of my knowledge at this current time I do not 23 Q. Did you ever --
24 remember. 24 =~ A. The process.

( Q._Did you ever discuss with any organization, outside of Q._As you are the housing director, have you ever signed any

16 (Pages 61 to 64)

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1 students that just audited courses. 1 Q. Do you recall having any conversations with doctor, or with f
2. Q Howdid Rebecca know about the program, do you recall he} 2 vice-president Snyder prior to Micah's application in
3 telling you that? 3 November of 2007?
4 A. She had a conversation with Dr. Wiggins. 4 A. At this current time, I do not recall.
5 Q. Shehad a conversation with Dr. Wiggins prior to you having 5  Q. How many conversations did you have with Dr. Wiggins in
6 a conversation with Dr. Wiggins; is that correct? 6 2006, 2007 academic year? |
7 A. Thatis correct, yes. 7 MR. BOONIN: You're not including the summer now?
8  Q Sodid you speak again with Dr. Wiggins regarding the 8  Q (Continuing by Mr. Davis:) I believe your earlier comments},
9 OPTIONS Program, did you speak again with Dr. Wiggins? 9 was you didn't recall any conversations in the summer,
100A. Yes. 10 correct?
11  Q And did you, at that time, just inform him that after your 12 A. Uh-huh
12 conversation with Rebecca that it's not possible to have a 12 Q. So do you recall how many conversations you had in that
13 housing component? 13 2006, 2007, fall and winter academic year?
14 A. Yes. 14 A. I'm trying to think, I mean that's a while back. I'm
15 Q. Did you discuss any possibilities of ways that it could be 15 trying to play this stuff through my head. Okay: I cannot
16 made to work or was -- 16 provide a hard number of how many conversations.
17 A. Ways the OPTIONS Program could make it work? 17 Q There were at least two?
1s. Yes. 1g A. Yes.
19 A. No. 19 Q. Atleast the initial one and then the follow-up one,
20 Q. How about, was there any discussions at all about how there} 20 correct?
21 could be a housing component added? 21 A. Yes.
22 MR. BOONIN: Between him and Dr. Wiggins? 22 Q. You think there were more than that?
23 Q (Continuing by Mr. Davis:) Yes. 23 MR. BOONIN: These are one on one conversations?
24 A. Rephrase your question. 24 MR. DAVIS: Any conversations.
25 Q. Did you and Dr. Wiggins have any further discussions, after] 25 A. Yes.
Page 34 Page 36
1 you told him initially, this isn't going to work, was there 1 Q. (Continuing by Mr. Davis:) Were there conversations
2 any additional discussions about how this might be able to 2 involving other persons, let me rephrase that question.
3 made to work in the future? 3 When you had these conversation with Dr. Wiggins, were |
4 A. Dr. Wiggins had his ideas, but my stance was no. 4 there other persons involved in the conversations as well?
5 Q. And what ideas did Mr. Wiggins have? 5 A. Present at the conversations?
6 MR. BOONIN: If you know. 6 Q. That were present at the conversations, involved in the
7 A. Hum. 7 conversations?
8 MR. BOONIN: If you know his ideas. 8 A. Yes.
9 Q. (Continuing by Mr. Davis:) I'll ask him what he shared 9 Q. Who were those persons?
10 with you. 10 A. They were, the one that comes to mind for me was the, I'm
11 A. I don't necessarily know if he shared ideas, other than, 11 not for certain particulars correct title of the actual
12 you know, really motivating me, trying to motivate me to, 12 forum, but I would label it as an assessment meeting, or an
13 to waiver on the policy of the university. That was the 13 evaluation meeting. Again, there may be a more
14 extent of those conversations. 14 professional term used for that. In that particular
1s Q_ Do you recall when these conversations took place? 15 meeting that Dr. Wiggins asked me to attend, there were
16 A. Again, some of those, as previously mentioned, sometime 16 Micah, his mother and father, Dr. Wiggins, maybe one or
17 during the fall 2006, winter 2007. 17 more other professionals, and one or more students.
18 Q. Did discussions continue at all into the summer of 2007? 18 Q. Does the term person centered planning meeting, does that
19 A. Icannot recall. 19 recall?
20 Q. Was the conversations with Dr. Wiggins, did you report that | 20 MR. BOONIN: What was the first word?
21 to vice-president Snyder? 21 MR. DAVIS: Person centered planning meeting. I
22 A. I donot recall. 22 Q. (Continuing by Mr. Davis:) Does that sound familiar at all |
23 Q. Did you ever have any conversations with vice-president 23 to you?
Snyder about the OPTIONS Program prior to the fall of 20072} 24 A. No.
A. At this current time, I do not recall. Q. Did you speak at this, at this assessment meeting?

9 (Pages 33 to 36)

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CG 1 Q Are those also upper classmen students? 1 Q Canyou give me an example of some of those social
2 A. Predominately. 2 activities that were provided? |
3 Q Okay. Fitzgerald, what educational services did housing 3 A. Wehad movie nights, we had, we had Friday night live where|
4 offer there? 4 we had comedians that came in and talk to students. The
S A. Again, it was upper class and it was programmed as Hill as 5 RAs again provided those programs, but again those were we |]
6 well. 6 felt opportunities for students to, to engage and build
7 Q. Okay. And how about in the apartment building, I think you 7 relationships that could have led to someone agreeing, some
8 mentioned two of them, were educational services offered by 8 student social engagement, the student would, may find a
9 the housing department to those that were in the apartment 9 study partner. So all of those were social opportunities,
10 buildings? 10 Imean they were underlying, in my opinion, they were
11 MR. BOONIN: What do you mean by educational a2 underlying goals of those students actually focusing on
12 services? 12 their, on their academic pursuits and that was my vision
13 Q. (Continuing by Mr. Davis:) Well, I'm asking you what 13 for the department.
14 educational services did you offer to students in the 14 Q. Were there, I'm sorry, did you mention were there
as apartment buildings? 15 university sponsored parties for the students at all?
16 A. We provided the apartment buildings with computers, we had) 16 A. Ican, at this current time, I cannot recall a party being
47 programs designed, again, this was upper class students. 17 sponsored.
18 ‘There was an age requirement for students to reside in that 18 Q. With the housing department, was there an internal
19 facility, the age or academic standing, junior, it was 19 operations manual about the way the department was run?
20 twenty years or junior is my recollection of that 20 A. At this current time, not to my recollection.
21 requirement to live in that facility. Again, programs were 22 Q_ Do you have an operations manual at the University of
22 and educational resources were geared towards preparing 22 Texas?
23 those students for life after achieving their degrees. 23 A. No.
24 Q. Was any record kept of, or tracking made of what the level 24 Q. So you didn’t create one while you were there at all?
25 of participation by students were in these educational 25 A. At this current time I do not remember creating.
( Page 14 Page 16
1 programs? 1 MR. BOONIN: Is there a specific aspect of
2 A. At this moment I cannot recollect. 2 operations you're referring to?
3 Q What nonacademic needs did the housing department providel 3  Q. (Continuing by Mr. Davis:) Any operations type manual at
4 to students living in the housing on campus, other than the 4 all?
5 obvious of a place to live? 5 A. At this current time, I do not recall an operations manual.
6 A. Canyou clarify your question? 6  Q. Solet’s say if'a student, were there at the halls, were
7 Q. I'm just looking at what other services that the housing 7 there bulletin boards where students could post things?
8 department provided to the students living on campus, other 8 A. Yes.
9 than what we've talked about in terms of educational and 9 Q. Did that have to be approved by the university, or could a
10 the obvious of providing a place to live, what other 10 student put up anything they wanted?
ql nonacademic services did the housing department offer to 11 A. Ithad to be approved by a, a housing employee.
12 students? 12 Q. Howdid the housing employee know how to go about reviewing]!
13 A. Welike to believe that our entire focus as a department 13 that, or knowing what was appropriate or not appropriate by
14 was geared towards creating an academic program for 14 university standards?
15 students. So everything that we did we, you know, we like 15 A. At the current time, I can't recall.
16 to believe that we were enhancing or creating an academic 16 Q. Were there any type of guidance to housing department
17 program. Whether that was, you know, even the dining 17 employees about how to put in purchase orders if something
18 program, it was an opportunity for students to intermingle, 18 needed to be purchased for the housing department?
19 talk, discuss academic work and those needs. So we felt 19 A. Yes.
20 our program and our efforts were geared towards creatingan | 20  Q And how would they know how to do that, where would they
21 academic, an academic program in a residential environment. | 21 consult to find out how to do that?
22. Q. Did you provide social, let me rephrase that. 22 A. University purchasing, and actually what just came back to
23 Did you put on strictly social activities for students 23 my recollection is that posting would have been available
in the housing programs? 24 through the two handbooks. There was a housing handbook
¢ 25 and a university handbook. That would have had those

4 (Pages 13 to 16)

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Page 11

1 those things. Sara Webb was brought in to do presentations 1 between Hamlin and Vandenberg currently. When I was here|
2 on study skills and those things as well. 2 under my leadership and the university was working towards |
3 Q. Were these presentations individual one on one, or were 3 moving career services out of residence hall, eco interest
4 there held in like a large meeting room somewhere? 4 would have taken over that floor. And those at this
5 A. They, it was a combination. There were some one on one, 5 current time, those are the academic components.
6 and then there were some in the lounge areas, as well as in 6 Q. The eco would have taken over that floor?
7 our graduate staff hall directors team also presented 7 A. And they would have taken over the, they would have taken
8 presentations to students on academic study skills and 8 over the floor where our current career services operations
9 those things as well. And those, they were held in 9 is. ,
10 multiple, it could have been one on one and could have been | 10 Q. And that's where?
an large groups. 11 A. That's in Vandenberg, I don’t know which tower.
12 Q. Were these advertised as well? 12 Q. So you had these different students housed in Vandenberg
13 A. Yes. 13 kind of grouped together towards their degree or programs
14 Q. Was any records kept of the advertisements of these 14 that they were seeking. What services did you offer, what
15 speeches or presentations? 15 services did the housing department offer to them,
16 A. As of today, I can't confirm that. 16 educational services did the housing department offer to
17 Q. Now, that was in Hamlin Hall which was for first year 17 them?
18 students, correct? 18 A. Wehad study hours in which we advertised throughout the
19 AL Yes. 19 buildings and encouraging students to study. We provided
20 Q. What other halls and what other activities occurred in 20 programs to those students. In our partnership with the
21 other halls? 21 academic departments, we actually had faculty members to
22 A. What other halls, the other halls that we had were 22 come over and actually eat in the cafeteria with students
23 Vandenberg Hall, Hamlin Hall, I said Hamlin. Hill House is | 23 which were in the pre-nursing program. We actually also
24 what we call it, Van Wagoner House, Fitzgerald, university | 24 had, in Vandenberg, there's also a tutoring room in which
25 student apartments, and Matthew apartments. 25 students can, could go down for tutoring. Those, the
Page 10 Page 12
1 Q. What educational activities were conducted in those halls? 1 actual tutors are managed through the academic skills
2 A. In Vandenberg we had the scholars tower, which was geared 2 center. And so they provided those services as well as
3 towards students in the honors program. We worked in 3 computers and a computer lab in Hamlin Hall.
4 partnership with the honors college, the honors college 4 Q. And what types of services were offered in hill, I'm sorry,
5 office was housed in Vandenberg on the first floor to serve 5 let me rephrase that.
6 that purpose of working with those students. During my 6 What type of educational services were offered in Hill
7 tenure we added a pre-nursing floor. That floor was geared 7 Hall by the housing department?
8 towards working with students who were in pre-nursing to 8 A. In Hill House, that building was programmed for upper class}
9 provide them with academic regiment. We worked with the 9 students, and so as a result those students, just by [
10 advisor, one of the academic advisors in the, in the 10 nature, it was a quiet living environment. The RAs, the
11 nursing department. I can't recall her full name, and she a1 resident assistants, actually put on programs and different
12 worked directly with our assistant director, residents 12 things to, to accommodate those students. There have been
13 life. 13 in those programs a range of anything from helping the
14 Q. This is all in Vandenberg? 14 students know that you're starting to, you know,
15 A. Allin Vandenberg. We also have in Vandenberg leadership} 15 matriculate through your degree and you're at the point
16 pre-business. Again, this was a program geared towards 16 that you're starting to look at jobs. The programs in that
17 business students with the focus, that is a new program 17 particular building was geared more towards preparing the
18 this year and in the halls, but help business students 18 students for, for their careers upon graduation.
19 matriculate to their, to their college degree. After the 19 Q. Okay. And by upper class, these would be sophomore,
20 pre-nursing program we have a, | think it's called eco 20 junior, senior level?
21 interest floor, eco, E-C-0 interest in that floor, actual 21 A. Correct.
22 rooms with the, to actually these are students who have an 22 Q. Undergraduate students. How about Van Wagoner, what
23 interest in the environmental issues. And we work with 23 educational services were offered there?

those students to help them to, to navigate in those causes

and things that they have. That program is split up

A. Van Wagoner resembled that of Hill's program in similar

3 (Pages 9 to

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housing. We had Deb Meadowbrook, she was the assistant |

1 Q. And are you on any medications that would impair your 1
2 ability to understand the questions, or answer the 2 director for operations. David Tindall who was the
3 questions I'm asking you today? 3 assistant director for resident life. Prior to him in the
4 A. Tam not. 4 same position was Christine, and J don't remember,
5 Q And where are you currently living? 5 Christine Cleary. Adam Stemburg who was the systems
6 A. San Antonio, Texas. 6 specialist. At this current time I think those were the
7 Q. And you're currently employed with? 7 direct reports.
8 A. The University of Texas at San Antonio. 8 Q. The last one you mentioned was Adam Sternburg; is that
9 Q. And how old are you? 9 correct, yes?
10 A. Thirty-nine years old. 10 A. Yes.
11 Q_ Tum forty soon? 11 Q And you say he was a systems specialist, what did he do in|
12 A. Friday. 12 that role as a systems specialist?
13 Q. Happy birthday. 13. A. Hemanaged our IT operation.
4 MR. BOONIN: Welcome to the club. 14 Q. The resident life person that was in charge of resident
15 Q. (Continuing by Mr. Davis:) Did you use any documents to} 15 life, there was two people, what did that job entail?
16 refresh your memory in preparing for today's deposition? 16 A. That particular person was responsible for taking care of
a7 A. Yes, the two affidavits that I completed. The depositions 17 our educational components within our resident halls. They|
18 of Mary Beth Snyder and Robert Wiggins, and the contract | 18 were instrumental in creating a living and learning
19 from 2007, '08, 9, and 10 housing contract. 19 communities. They, those individuals supervised or
20 Q. Are there any other documents that you used? 20 supervised our hall director staff. There, this current
21 A. No. 21 time that gives a good overview of that position.
22  Q. Whatis your current employment with the University of | 22  Q. You said they handled the educational components of the
23 Texas at San Antonio? 23 housing program, what did that entail?
24 A. Director of housing, housing and resident life. 24 A. That entailed multiple things. We actually had, in Hamlin }
25 Q. I'm going to tun your attention to your employment here at} 25 Hall, a first year student housing component where all of
( Page 6 Page 8
1 Oakland University. When did you start working at Oakland 1 our first year students resided in the same building. We
2 University? 2 infused that with a lot of university counsels from the
3 A. Irecall October 2006. 3 academic skills center. We also infused, incorporated and
4 Q. And what was your title here at Oakland University? 4 partnered with advisors to be available to offer students
5 A. Director of university housing. 5 assistance with advising to help them to continue to make
6 — Q You oversaw the housing department, would that be correct? 6 satisfactory progress towards their academic degrees. We,
7A. Oversaw campus housing. 7 the entire floor was, the entire building was geared
8 Q. Who else worked in the department, do you recall, and what 8 towards retention and keeping students focused and
9 tole did they, what jobs did they have? 9 providing resources and academic program to support them in|
10 A. Can you rephrase your question. 10 their achievement of an academic degree from the
11 Q._ Who else worked in the housing department with you and what} 12. university.
12 roles, what were their job titles? 12 Q. Okay. Were any speakers brought in to speak to them on
1B MR. BOONIN: You're asking for everyone employed in | 13 different topics?
14 the housing department? 14 A. There were speakers that would have been brought in, the
1s Q. (Continuing by Mr. Davis:) First of all, let me back up. 15 university officials, yes.
16 How many people were employed in the housing department? | 16  Q. Can you tell me, if you recall, some examples of some
17 A. I can't provide an exact number, but roughly forty to 17 speakers and the topics they may have talked on?
as fifty. 18 A. Ican't remember names, but there was Omar Brown-El was |
19 Q. Okay. Who were the people that were directly under you in 19 brought in to talk to students, certain segments of the
20 the housing department? 20 population of students about their academic achievement,
21 A. Do you mean directly under my supervision? 21 how to get involved in the university, study habits and
22 Q. Not every single person, but were there certain departments 22 those things. There were, as well there were other
23 within the housing department, and who were those heads of 23 university officials who were brought in, such as officials
24 those departments? 24 out of the academic skills center to work with students and

A. Wehad Rebecca Wickham who was the associate director for

meet with students, and present programs, and study skills,

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