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Diverse Docket: Judge Throws Out Discrimination Suit Against Spalding U.

A former doctoral student at Spalding University isn’t entitled to readmission or to damages after a federal judge in Kentucky threw out his discrimination suit.

U.S. District Senior Judge Charles Simpson III of Louisville said Damon Cobble waited too long to file some of his claims and was justifiably denied readmission because he’d failed two courses.

Cobble enrolled in Spalding’s E.D. Leadership program in 2013 and received accommodations for his learning disability, depression and ADHD, according to the decision. However, he failed to finish assignments in two courses despite receiving a requested time extension, resulting in a failing grade in both classes.

The university dismissed him from the program with leave to reapply after one year. It also rejected his subsequent internal appeal of the grades.

When he did reapply in 2016, the university turned him down, leading to a lawsuit under the Americans with Disabilities Act and Rehabilitation Act.

Simpson dismissed the case.

First, he found that allegations that the university didn’t provide adequate accommodation and wrongly removed him from the program were filed after the one-year statute of limitations period expired.