Former nursing student sues Joyce University over alleged ADA violations

DRAPER, Utah ( ABC4 ) — A former nursing student is taking legal action against Joyce University, claiming the institution violated her rights under the Americans with Disabilities Act (ADA).

Maria Thomson, who was expelled from the university in March 2023, says the school’s failure to provide reasonable accommodations for her disability, Postural Orthostatic Tachycardia Syndrome (POTS), led to her dismissal.

Daisy: A lifesaving companion

Maria Thomson and her service animal Daisy are a team. Daisy helps her manage her POTS, a condition that affects blood flow and can lead to dizziness, fainting, and other symptoms.

“It’s pretty much where your blood doesn’t flow properly in your body. So when you change positions, your vessels in your legs are supposed to be able to pump your blood upward, but they really don’t,” said Thomson. “So then your brain thinks that you’re not getting enough blood and tells your heart to pump really hard and fast and you release more blood.”

Daisy accompanied Thomson to her clinical rotations, helping her navigate the demands of her nursing program. However, in February, Daisy fell ill and could not join Thomson for her clinical.

Legal actions and demand letter

In March of 2023, Thomson’s attorneys sent a demand letter to Joyce University, renewing her request for reasonable accommodations, something she had been trying to get for some time including disability-related medical absences and exam extensions when needed after hospitalization.

The demand letter stated if the accommodations were not granted they would be forced to take legal action.

A few days after the demand letter was sent, Daisy was ill again. Thomson emailed the school, requesting a shorter shift because Daisy could not join her, and included a note from her medical provider.

“I got a very vague response back that was kind of confusing,” Thomson mentions.

When she arrived for her clinicals Thomson said she was told she was a liability due to her previous POTS episode and was asked to leave. Two days later, Thomson received a dismissal letter accusing her of being argumentative and refusing to leave, which Thomson denies.

“I thought you got expelled for like getting bad grades, not paying your tuition, and doing things that were illegal,” she reflects.

Understanding ADA accommodations

Under the ADA, schools are required to provide reasonable accommodations to ensure equal access for students with disabilities. Nate Crippes, Public Affairs Supervising Attorney at the Utah Disability Law Center, emphasized the importance of these accommodations.

“So, what a student would have the right to is essentially equal access to their non-disabled peers,” said Crippes.

According to Crippes, reasonable accommodations must not impose an undue burden or fundamentally alter the nature of the educational program. Some examples of an undue burden could include a financial burden or a student requesting to not take a required course due to their disability.

Seeking justice

Thomson’s lawsuit against Joyce University claims violations of the ADA, in part the failure to provide proper accommodations and retaliating against her for asserting her rights. But it’s been a year since Thomson’s lawsuit was filed and she is still waiting for a judge to decide whether or not to move forward with the case.

“I don’t know what happens next, really. I feel like I’m just stuck and waiting,” said Thomson.

Thomson hopes the lawsuit will lead to lasting changes at Joyce University, ensuring compliance with ADA guidelines and proper support for students with disabilities. However, her primary wish remains simple:

“To get to graduate…”

Thomson’s lawsuit demands her reinstatement, necessary accommodations, and coverage of legal fees and damages.

ABC4 reached out to Joyce University for a comment, but they declined to provide a statement due to pending litigation.

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