Disabled Students' Lawsuit Settled

Officials envision over $1 million in access improvements at UB as a result of a settlement between UB officials and three disabled plaintiffs.

According to the terms of the settlement, UB officials must finish an audit that will identify violations of the Americans with Disabilities Act on both campuses by next spring.

In addition, the court will retain jurisdiction of the matter -- meaning they will hear all cases involving accessibility issues on campus -- for four years after the audit is finished.

Tammy Milillo, the only plaintiff who is currently a UB student, lauded the settlement as a major step forward for UB's disabled students.

"I am hopeful that the settlement will be the first step in a cooperation process," said Milillo, a graduate student in chemistry. "Before, there was never an opportunity for students to get their needs addressed."

Milillo, who has cerebral palsy and uses a wheelchair, accused UB officials of "dragging their feet" when it came to the disabled students' concerns.

UB officials said the university was sensitive to the needs of its disabled students, and the settlement simply requires UB to finish an audit it started on its own.

"I think we've got a track record of working with over 400 students per semester with disabilities," said Dennis Black, vice president for Student Affairs. "In any crowd, there will be students who are satisfied, students who are dissatisfied and students who are neutral."

Black stressed that the settlement does not require the university to make any specific improvements. However, he noted that other universities have had to spend "well over seven figures" in similar cases.

When Milillo came to UB as a freshman, she said North Campus was a confounding maze for a student in a wheelchair.

"I experienced a lot of trouble just accomplishing basic needs," she said.

"Bathrooms were not accessible, snow removal was not adequate, and there was no access to the Student Health Center."

Three years ago, Milillo, along with former students Jason Bowman and Rudy Denmeade, sued UB and the State University of New York in federal court.

Kathleen Lynch, the plaintiffs' lawyer, said the suit could have been avoided if UB officials had not neglected the students' appeals. She accused the Office of Disability Services and several members of the administration for being "non-responsive" to the students' needs.

"They each tried independently to work with Disability Services, but they were not as responsive as they would have hoped," Lynch said. "We wanted to sit down and address these problems without going to a suit."

According to Lynch, UB officials met with the students, but did not return their letters or telephone calls.

Randall Borst, director of Disability Services, declined to comment on the conversations with the disabled students, but noted that unlike private universities, state universities are not required to comply fully with the Americans with Disabilities Act.

"There is no law that requires the entire campus to be every square inch accessible," he said. "We're supposed to make programs, services and activities accessible."

Milillo said several improvements have already been implemented. The Student Health Center was made accessible, and restrooms in the Natural Sciences Complex -- where she conducts research -- were retrofitted.

However, the settlement is only the first step in a long process, she said.

"I'm not expecting UB to be perfect," she said. "But in the future, there will be more discussions."