Between Passion and Policy

Abstract

This article describes the Guckenberger lawsuit from the perspective of the attorneys who litigated the case on behalf of Boston University. It first discusses the events leading to the lawsuit, including then-Provost Jon Westling's speeches, his articulation of new polides regarding documentation for accommodations requests, and the university's refusal to allow course substitutions for required foreign language courses. The article then describes the main events in the lawsuit that resulted from those policy changes, focusing first on pretrial matters, such as the university's search for experts, the various motions filed prior to trial, and tactical issues. Moving to the trial itself, the article discusses the nature of the witness and expert testimony presented to the court and touches on the differences of opinion expressed at trial by experts in the field of learning disabilities. Finally, the article sets forth the court's ruling on the major issues in the case and reflects on the case's impact on institutions of higher education.