Published December, 2011
Milton Hershey School v. Jane Doe and John Doe, Draft Complaint for Declaratory Judgement, U.S. District Court for the Middle District of Pennsylvania, Amy C. Foerster, Esq. (2011)
This is a draft filing for declaratory judgment, recieved by CHLP from a reporter, by the Milton Hershey School (a private residential school in Hershey, PA), seeking a declaration that the school is not obligated under the ADA to admit a minor child with HIV, John Doe. While the complaint has not been filed, it sets out the Hershey School's claims for excluding John Doe (referred to as Abraham Smith in his attorney's filing, available here.)
The school argues here that John Doe would pose a direct threat to the health and safety of other students. The arguments of the school are not based in any specific facts about the 13-year old applicant in question, but rather on a general concern that they cannot reasonably accommodate teaching universal precautions to staff and students, and cannot be potentially responsible for the student having sexual relationships at the school.
Copyright Information: CHLP encourages the broad use and sharing of resources. Please credit CHLP when using these materials or their content. and do not alter, adapt or present as your work without prior permission from CHLP.
Legal Disclaimer: CHLP makes an effort to ensure legal information is correct and current, but the law is regularly changing, and the accuracy of the information provided cannot be guaranteed. The legal information in a given resource may not be applicable to all situations and is not—and should not be relied upon—as a substitute for legal advice.