Sun, Jul 05, 2009

Tucson Region

State attorney general sues PCC

Skills of interpreters are questioned in aiding hearing-impaired student
By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 11.28.2006
PHOENIX — The state Attorney General's Office is suing Pima Community College, charging it didn't provide the help a hearing-impaired student needed.
Legal papers filed in Maricopa County Superior Court say the college did provide sign-language interpreters so that Stacey Duvall could understand what her instructors in the pharmacy technology program were saying.
But Assistant Attorney General Sandra Kane said in at least two of the cases, Duvall could not understand the interpreters. The college, however, insisted the two were qualified and refused to replace them, Kane said.
At one point there was an in-class confrontation between Duvall and her interpreter.
Duvall filed a complaint with the Attorney General's Office last year and withdrew from her courses this past spring. She did not graduate in May as scheduled, according to the lawsuit, "because of the stress caused by the dispute between Duvall and the college."
College spokesman Dave Irwin said officials do not comment on current litigation.
Kane said the law is clear that places of "public accommodation," which includes the college, cannot discriminate based on someone's disability. But she said the law requires more.
"The statute requires the public accommodation make sure that they take steps that may be necessary to ensure that an individual is provided access," Kane said.
She said that means doing what is necessary to guarantee someone with a disability is not excluded, denied services, segregated or otherwise treated differently because of the failure to provide necessary aids and services. And that, said Kane, means "qualified interpreters to ensure effective communication."
Kane said by failing to provide Duvall with an interpreter the woman could understand, the college essentially denied her the ability to participate in the classes.
The lawsuit asks that Duvall be compensated for any damage she suffered. Kane said she does not know whether Duvall wants to re-enroll in the program or simply is seeking compensation.
The suit also asks that the college be punished with a fine of up to $5,000.