M Civ JI 106.35 Accommodation - Educational Institution - Burden of Proof

Plaintiff has the burden of proving:

(a) that [ he / she ] [ has a disability / has a history of a disability / is regarded as having a disability ] that is unrelated to [ his / her ] ability to utilize and benefit from the educational institution; and

(b) that (he/she) uses adaptive devices or aids; and

(c) that (he/she) was [ excluded / expelled / limited / other ] [ while seeking admission / while enrolled as a student ] in the terms, conditions, and privileges of the institution because of [ a disability / a history of a disability / being regarded as having a disability ] that is unrelated to [ his / her ] ability to utilize and benefit from the educational institution; and

(d) that (he/she) was [ excluded / expelled / limited / other ] [ while seeking admission / while enrolled as a student ] in the terms, conditions, and privileges of the institution because of [ his / her ] use of adaptive devices or aids; and

(e) that [ he / she] suffered damages.

Your verdict will be for the plaintiff if the plaintiff has proved all of those elements.

Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

Note on Use

Particular subparagraphs may be deleted based on the facts of the case.

Comment

MCL 37.1402

History

Added September 2005. Amended January 2020.