## Facts

- Andrew H.K. Wong enrolled at the University of California, Davis School of Medicine after strong undergraduate and graduate performance.
- The program consisted of two primarily classroom-based years followed by required clinical clerkships.
- Wong performed satisfactorily in the early portion of medical school but later struggled in clinical clerkships, particularly after a family death.
- Wong was diagnosed with a learning disability affecting verbal information processing and expression.
- A faculty psychologist recommended an accommodation: extended reading time before clerkships.
- The school provided two eight-week pre-clerkship reading periods; Wong then earned B grades in both clerkships and received positive evaluations.
- Wong requested an eight-week reading period before a pediatrics clerkship; the associate dean denied the request without consulting Wong or the professionals involved in his diagnosis and prior accommodation plan.
- Wong received a provisional failing grade in pediatrics and underwent academic review; the promotions process included evidence suggesting decisionmakers may have been misinformed about whether he had received accommodations.
- The medical school dismissed Wong based on his clinical performance.
- Wong sued the Regents under Title II of the ADA and § 504 of the Rehabilitation Act, alleging denial of reasonable accommodations and discriminatory dismissal.
- The district court granted summary judgment for the University, concluding the requested accommodation was unreasonable and that Wong was not qualified to continue with or without accommodation.

## Issues

1. Whether the record created a genuine issue of material fact that Wong’s requested pre-clerkship extended reading period was a reasonable accommodation under Title II of the ADA and § 504.
2. Whether the record created a genuine issue of material fact that Wong was an otherwise qualified medical student who could meet essential program requirements with reasonable accommodation.
3. Whether summary judgment was improper given the evidentiary disputes, notwithstanding deference ordinarily afforded to academic judgments.

## Decision

- The Ninth Circuit reversed the grant of summary judgment and remanded.
- The court held Wong produced sufficient evidence to raise triable fact questions on the reasonableness of the requested accommodation.
- The court held Wong produced sufficient evidence to raise triable fact questions on whether he was otherwise qualified with reasonable accommodation.
- The court recognized judicial deference to academic decisions but concluded that deference does not bar trial where evidence supports potential noncompliance with federal disability-discrimination requirements.

## Legal Principles

- To prevail under Title II of the ADA or § 504 in the educational context, a plaintiff must show: (1) a disability and qualification to participate (with or without reasonable accommodation), (2) exclusion or denial of benefits, and (3) discrimination by reason of disability.
- A student is “otherwise qualified” if the student can meet essential program requirements with reasonable accommodation.
- Reasonableness of an accommodation may present a fact question when the record supports that the accommodation is workable and does not fundamentally alter the program or impose undue burdens.
- Prior successful implementation of an accommodation and improved performance under that accommodation can support a finding that the accommodation is reasonable and that the student is qualified.
- Courts may defer to academic judgments, but institutions remain subject to ADA and Rehabilitation Act duties; deference does not justify summary judgment where the record supports possible failure to consider or provide reasonable accommodations.

## Conclusion

The Ninth Circuit held that evidence of Wong’s prior success with extended pre-clerkship reading time and the surrounding circumstances of the denial of that accommodation created genuine disputes of material fact on both reasonable accommodation and qualification, requiring reversal of summary judgment and further proceedings.


Wong v. Regents of Univ. of Cal., 192 F.3d 807 (9th Cir. 1999)