"Regarded As" Theory Sacks University

On November 14, the United States District Court for the Southern District of Mississippi allowed a student's claim against the University of Southern Mississippi (USM) to proceed to discovery. USM had recruited the student to play football, offering a full scholarship. The student has only one kidney, but when he arrived on campus, USM's Student Health Services Center cleared him to play without restrictions. As he started practicing with the team, the student told a team trainer that he had one kidney. The trainer sent the student to the team physician, who refused to clear the student to play for fear of creating potential liability for the institution, even though the student's doctor (who he consulted for a second opinion under USM's applicable policies) cleared him to play with no restrictions and the student offered to sign a liability waiver. Because USM would not allow him to play for the football team, the student sued for disability discrimination.