Southern Community College V. Davis Case Summary

Southeastern Community College, v. Davis. 442 U.S. 397 (1979) Decision by Supreme Court of United States
FACTS: Respondent, Davis, a licensed LPN for over ten years who also lives with hearing loss applied for admissions to Southeastern Community College. The Petitioner, requested Davis see an audiologist before accepting her to the RN program. The audiologist concluded that Davis required lip-read in order to fully understand audible communication. The school subsequently denied Davis entry, assuming her hearing loss would affect her ability to effective care for patients safely. Since Southeastern Community College receive federal funds, Davis filed suit in North Carolina Federal District Court, alleging her dismissal was a violation of 504 of the Rehabilitation Act of 1973. The Rehabilitation act of 1973 acts to protect discrimination agents students or employees "otherwise qualified handicapped individual solely by reason of his handicap.” In addition the act states that “no otherwise qualified individual with a disability . . . Shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any

Agreeing that her dismissal was not discriminatory, or a violation of section 504 of the Rehabilitation act 1973. The courts too believed that Davis hearing loss would prevent her from successfully working as an RN and there for denied entry in to training was agreeable. The appeals Court reversed the findings, stating that District Court misinterpreted section 504 of “otherwise qualified.” More so the forth circuit disagreed that an individuals disability, such as Davis hearing loss even be considered as part of qualification measurements in to any such federally funded program. In addition “reasonable accommodations” have to be made. Southeaster University appealed to the U.S. Supreme