{"id":139710,"date":"2023-12-30T08:44:47","date_gmt":"2023-12-30T13:44:47","guid":{"rendered":"https:\/\/www.thecollegefix.com\/?p=139710"},"modified":"2023-12-30T08:44:47","modified_gmt":"2023-12-30T13:44:47","slug":"400-lb-student-sues-college-for-not-being-allowed-to-teach-phys-ed-virtually","status":"publish","type":"post","link":"https:\/\/www.thecollegefix.com\/400-lb-student-sues-college-for-not-being-allowed-to-teach-phys-ed-virtually\/","title":{"rendered":"400-lb. student sues college for not being allowed to teach phys ed virtually"},"content":{"rendered":"<p><em><strong>&#8216;Could not stand or walk for prolonged periods&#8217;<\/strong><\/em><\/p>\n<p>A 400-pound student is suing Michigan&#8217;s Wayne State University for $1 million for not allowing him to do his physical education student teaching virtually.<\/p>\n<p>According to\u00a0<em><a href=\"https:\/\/www.detroitnews.com\/story\/news\/local\/wayne-county\/2023\/12\/26\/lawsuit-wayne-state-discriminated-against-student-because-of-weight\/72030103007\/\" target=\"_blank\" rel=\"noopener\">The Detroit News<\/a>,<\/em> 44-year-old David Lopez, who suffers from diabetes, hypertension and asthma, had completed all the requirements for the phys ed kinesiology program except the student teaching.<\/p>\n<p>Given his maladies, Lopez reportedly &#8220;could not stand or walk for prolonged periods.&#8221; The school district at which he was assigned to student teach allegedly agreed to accommodate his request to teach online; however, Lopez says Wayne State did not.<\/p>\n<p>With the help of a gym teacher at his assigned school and &#8220;some unofficial accommodations,&#8221; Lopez finished the first part of his student teaching assignment. But he claims Wayne State told him &#8220;not to report&#8221; for the second part.<\/p>\n<p><a href=\"https:\/\/www.detroitnews.com\/story\/news\/local\/wayne-county\/2023\/12\/26\/lawsuit-wayne-state-discriminated-against-student-because-of-weight\/72030103007\/\" target=\"_blank\" rel=\"noopener\">From the story<\/a>:<\/p>\n<blockquote>\n<p class=\"gnt_ar_b_p\">&#8220;They don&#8217;t think I fit the description of what a PE teacher was because I&#8217;m very overweight,&#8221; Lopez said. &#8220;They didn&#8217;t want me to graduate with my certification because I didn&#8217;t fit what they perceived to be a gym teacher because of my size and because of my weight. There&#8217;s no doubt that was the reason why. There was no other reason. I passed everything.&#8221; &#8230;<\/p>\n<p class=\"gnt_ar_b_p\">&#8220;It got to the point where I had no other choice left,&#8221; Lopez said. &#8220;I left with no degree, no certification, no nothing.&#8221;<\/p>\n<p class=\"gnt_ar_b_p\">One of his professors had previously tried to get him to leave the university with a degree but no teaching certificate, Lopez said. He said the professor told him he didn&#8217;t think he was qualified to be a gym teacher and he wouldn&#8217;t be good at it.<\/p>\n<p class=\"gnt_ar_b_p\">While he isn&#8217;t able to physically participate in some of the sports and activities, Lopez said his weight does not impact his ability to be a good teacher.<\/p>\n<p class=\"gnt_ar_b_p\">Lopez has always loved sports, especially team sports. He coached as a summer job after high school and enjoyed it. But going through this with Wayne State took the joy out of teaching, he said.<\/p>\n<\/blockquote>\n<p>Wayne State called Lopez&#8217;s suit &#8220;frivolous&#8221; and said &#8220;there is no legal claim for weight discrimination against an educational institution.&#8221; It added the university &#8220;does not control the student teaching requirements of [school] districts.&#8221;<\/p>\n<p>Weight is a protected characteristic in Michigan (<a href=\"https:\/\/www.sterlingattorneys.com\/blog\/2022\/01\/weight-discrimination-and-michigan-law\/#:~:text=Michigan%20is%20still%20the%20only,well%20as%20height%20and%20age).\" target=\"_blank\" rel=\"noopener\">the only state<\/a>, in fact), but the law specifically pertains to employers.<\/p>\n<p style=\"text-align: center;\"><strong>MORE:<\/strong> <a href=\"https:\/\/www.thecollegefix.com\/major-medical-group-declares-body-mass-index-racist\/\" target=\"_blank\" rel=\"noopener\">Major medical group declares Body Mass Index \u2018racist\u2019<\/a><\/p>\n<p style=\"text-align: center;\"><strong>MORE:<\/strong> <a href=\"https:\/\/www.thecollegefix.com\/americas-celebration-of-obesity-was-born-and-bred-on-campus\/\" target=\"_blank\" rel=\"noopener\">America\u2019s celebration of obesity was born and bred on campus<\/a><\/p>\n<p>IMAGE: Ivan4es\/Shutterstock.com<\/p>\n            <div class=\"article-truncate-control\">\n                <button class=\"show-complete-article\">\n                    Read More                <\/button>\n            <\/div>\n\n        ","protected":false},"excerpt":{"rendered":"<p>&#8216;They don&#8217;t think I fit the description of what a PE teacher was.&#8217;<\/p>\n","protected":false},"author":170,"featured_media":66321,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_newsletter_tier_id":0,"footnotes":""},"categories":[1361],"tags":[52380,50307,6626,2675,615,49381,12922,11781,2442],"acf":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"https:\/\/www.thecollegefix.com\/wp-content\/uploads\/2019\/12\/Ivan4es_Shutterstock.jpg","jetpack_shortlink":"https:\/\/wp.me\/p2Oh4L-Alo","_links":{"self":[{"href":"https:\/\/www.thecollegefix.com\/wp-json\/wp\/v2\/posts\/139710"}],"collection":[{"href":"https:\/\/www.thecollegefix.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.thecollegefix.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.thecollegefix.com\/wp-json\/wp\/v2\/users\/170"}],"replies":[{"embeddable":true,"href":"https:\/\/www.thecollegefix.com\/wp-json\/wp\/v2\/comments?post=139710"}],"version-history":[{"count":5,"href":"https:\/\/www.thecollegefix.com\/wp-json\/wp\/v2\/posts\/139710\/revisions"}],"predecessor-version":[{"id":139749,"href":"https:\/\/www.thecollegefix.com\/wp-json\/wp\/v2\/posts\/139710\/revisions\/139749"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.thecollegefix.com\/wp-json\/wp\/v2\/media\/66321"}],"wp:attachment":[{"href":"https:\/\/www.thecollegefix.com\/wp-json\/wp\/v2\/media?parent=139710"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.thecollegefix.com\/wp-json\/wp\/v2\/categories?post=139710"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.thecollegefix.com\/wp-json\/wp\/v2\/tags?post=139710"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}