Oberlin teen sues school

14-year-old denied entry into College program, seeks $5 million

A $5 million suit has been brought against Oberlin College, the Upward Bound program and its director, Clifton McNish. The suit claims that a 14-year-old Oberlin High School student was denied admission to the program because of a learning disability. The student is dyslexic.

Upward Bound is a federally-funded program that prepares disadvantaged high school students for post-secondary education. The program serves 70 students at five schools in Lorain County.

McNish and the College are being charged with discrimination. According to McNish, the student was not admitted to the summer program because he had failed to file a completed application.

Attorney Kirk Perry, who is representing the student, claims the program never notified the boy that his application was incomplete. Perry further contends that incomplete applications didn't bar some students from being admitted to the program.

"I've reviewed the allegations," said College attorney Michael Fransz. "I've had discussions with Mr. Perry. I don't think the suit has any merit. Everything necessary for the application was not filed."

"Other students got accepted with empty files," Perry said. "One student was accepted the day he walked in there, but he didn't have a disability."

Director of News Services Scott Wargo said all potential participants are required to complete applications. According to McNish, the student was reminded to complete the application prior to the deadline.

"When he applied, it was very late in the year," McNish said. "We sent a letter, but we just didn't have time to follow up. I felt there were motivational issues, but the real issue was timing. We didn't have enough information to make a decision."

According to Perry, the student had been encouraged to apply by a family friend who volunteered at Upward Bound. The volunteer's mother eventually called McNish to inquire why the student had not been accepted to the program. McNish allegedly told the woman that he was not sure the program could currently accommodate a student with a disability. The boy's mother reported having received a similar explanation from McNish.

McNish denied the allegations. According to McNish, many students with learning disabilites have participated in the Upward Bound program.

"I told her to sit tight," Perry said. "I called up McNish in September, and he told me the boy never completed his application process. I said if you don't give me proof, I'll have to sue you."

Perry's eagerness to file suit drew the ire of Vice President of College Relations Al Moran. "Every time I turn a corner it seems there's Kirk Perry with a lawsuit in his hands," Moran said.

"Ask him how many times I've lost," Perry said.

Perry has previously served as counsel for former interim Director of Multicultural Affairs Dwight Hollins and former Associate Professor of Neuroscience David Holtzman. Hollins settled his discrimination suit against the College out of court. Holtzmann eventually dropped his discrimination suit against the College after months of litigation.

"I don't like suing Oberlin College," Perry said. "I don't know why this happened. It's not my job to figure out why. I get paid to sue and ask questions."

The student has applied for admission to the Fall session of Upward Bound.

"He has completed the process," Wargo said. "He is now being considered."

"It's unfortunate that a parent or an attorney has to deal with it like this," McNish said. "This impedes the student."

"This young man still isn't in the program," Perry said. "I think it's rather significant that a young man stands up and says 'I don't want to be a statistic, I want to spend the summer getting up to snuff.' If this suit is frivolous, we have to redefine what frivolous means. This is no ambulance chasing."