Elie Nehme v. Florida International University Board of Trustees
121 F.4th 1379
11th Cir.2024Background
- Elie Nehme, a medical student at Florida International University (FIU), failed nine courses (six while on academic probation), and was required to repeat an entire year due to poor academic performance.
- Professors lodged complaints about Nehme's professionalism, including frequent absence requests and missing classes without excuse.
- Nehme was diagnosed with ADHD and an anxiety disorder, and received accommodations (extra time and a minimal-distraction testing room).
- Despite accommodations and several opportunities for remediation (including a year-long repeat), Nehme continued to fail multiple final exams in his third year, scoring below national percentiles.
- After repeated academic failures, and with committees and administration reviewing and upholding his dismissal, Nehme brought suit under the ADA, alleging discrimination and inadequate accommodation.
- The district court granted summary judgment to FIU, finding Nehme not a "qualified individual" under the ADA, and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA Disability Discrimination | Dismissed due to disability, not academic failure | Dismissal for academic underperformance, not disability | Nehme not a qualified individual under ADA |
| Failure to Provide Reasonable Accommodation | Improper accommodation on Psychiatry remediation exam | Nehme received proper accommodations overall, only one exam disputed | Nehme failed requirements even with accommodations |
| Qualification as "Qualified Individual" | Qualified with accommodations; failures due to disability | Nehme could not meet essential requirements despite accommodations | Not qualified under the ADA |
| Dismissal Procedure | Procedure improper due to accommodation issues | Committees acted on holistic, documented review | Dismissal procedure upheld |
Key Cases Cited
- Regents of Univ. of Michigan v. Ewing, 474 U.S. 214 (1985) (courts defer to academic institutions on academic judgment and student dismissal)
- Onishea v. Hopper, 171 F.3d 1289 (11th Cir. 1999) (students must meet essential academic standards with reasonable accommodations)