Anderson v. University of Wisconsin

1988

Venue: Ct. App. 7th Cir.

Facts: Anderson is dropped from law school for not maintaining a 77 average. He failed to do so because of alcoholism. He had been allowed to return the previous semester despite his poor average, and he harrassed his legal writing partner and got a D in that course.

Posture: A ton of procedure and review at every level, and each time, Anderson is denied relief. Summary judgment in district court for the defendants.

Issue: Did the University violate § 504 of the Rehabilitation Act by discriminating against him on account of alcoholism? Or was it equal protection?

Holding: No, and no. Affirmed.

Rule: The rehabilitation act forbids discrimination based on stereotypes, not on actual incapacity.

Reasoning: The law school can set standards for itself, and we respect its judgment.

Dicta: