Court Backs Wichita State University in Lawsuit Over Test

WICHITA, Kan. — A federal appeals court has sided with Wichita State University in a lawsuit brought by a student with attention deficit disorder over a failed test.

The 10th Circuit Court of Appeals ruled Tuesday that the university did not violate Stephen Cunningham’s rights when it held a 2011 test taken in an office located in a busy hallway.

Cunningham attended Wichita State’s program for physician assistants. He blamed his diabetes and attention deficit disorder for failing exams for pharmacology and neurology.

The university allowed him to retake those failed tests. He then passed the one for pharmacology but failed the neurology test.

The court rejected his argument that the university violated his rights under the American with Disabilities Act, noting he did not ask for an accommodation for his attention deficit disorder.