OHIO CIV. RIGHTS COMM. v. CASE W. RES. UNIV.

No. 95-387.

76 Ohio St.3d 168 (1996)

OHIO CIVIL RIGHTS COMMISSION ET AL., APPELLANTS, v. CASE WESTERN RESERVE UNIVERSITY, APPELLEE.

Supreme Court of Ohio.

Decided July 31, 1996.


Attorney(s) appearing for the Case

Betty D. Montgomery, Attorney General, Jeffrey S. Sutton, State Solicitor, Nancy Holland Myers and Denise M. Johnson, Assistant Attorneys General, for appellant Ohio Civil Rights Commission.

Gary, Naegele & Theado, Thomas A. Downie and Robert D. Gary; Robert A. Dixon, Zygmunt G. Slominski and Russell D. Kornblut, for appellant Cheryl A. Fischer.

Kelley, McCann & Livingstone, Joel A. Makee, Mark J. Valponi and Colleen Treml, for appellee.

Ohio Legal Rights Service, Jane P. Perry and Robert S. Mills, urging reversal for amici curiae, Ohio Legal Rights Service and National Federation of the Blind of Ohio.

Spater, Gittes, Schulte & Kolman, Kathaleen B. Schulte and Frederick M. Gittes, urging reversal for amicus curiae, Ohio Employment Lawyers Association.

Chester, Willcox & Saxbe and Charles R. Saxbe; Brown, Goldstein & Levy, Daniel F. Goldstein and Dana Whitehead, urging reversal for amici curiae, National Federation of the Blind and American Society of Handicapped Physicians.

Betty D. Montgomery, Attorney General, Simon B. Karas, Deputy Chief Counsel, and John C. Dowling, Assistant Attorney General, urging affirmance for amici curiae, Ohio's Public Medical Schools.

Joseph A. Keyes, Jr., Kirk B. Johnson and Michael L. Ile, urging affirmance for amici curiae, Association of American Medical Colleges and American Medical Association.


COOK, J.

In this case, we are presented with the question of whether CWRU violated R.C. 4112.022(A) by denying a totally blind applicant admission to its medical school. We affirm the judgment of the court of appeals finding no violation.

I. PRIMA FACIE CASE OF HANDICAP DISCRIMINATION

OCRC charges that CWRU violated R.C. 4112.022, which prohibits discrimination against handicapped persons by educational institutions. Specifically, the statute provides...

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