On January 25, 2013, the U.S. Department of Education, Office of Civil Rights (“OCR”) issued Findings of Fact and Conclusions of Law exonerating MGO client Potosi R-III School District of all charges that it discriminated against a student based on the student’s disability. The student’s parent filed the Complaint with OCR alleging that Potosi had discriminated against the student by refusing to allow him to participate in extracurricular athletics and retaliated against the student in response to the parent’s advocacy on behalf of the student. In finding in the school district’s favor on all allegations in the Complaint, OCR’s findings stated “Because OCR has concluded that the District did not take adverse action against Complainant’s son ….., OCR could not establish a prima facie case of retaliation….. OCR concludes that a preponderance of the evidence does not support a finding that the Complainant’s son’s not participating in 2012 meets and not receiving a uniform were in retaliation for the Complainant advocating on his son’s behalf.”
MGO partner Ernie Trakas represented Potosi before the OCR.
