SACRAMENTO, Calif. (RDLR) — Many disabled students of Los-Rios Community College District in Sacramento County are being inappropriately excluded from their in-person courses and denied equal access to indoors of college campuses due to the students' disabilities medically exempting them under Federal and State law from wearing face-coverings, regardless of vaccination status.
A disabled student of Los Rios Community College District named Robert Rincon has a life-long history of epilepsy seizures which initially began as an infant. Rincon is now facing disability discrimination from Cosumnes River College (CRC) of Los-Rios Community College District (LRCCD) in Sacramento, Ca where he initially attended in Spring 2019.
In 2019, a new pandemic has started in the United States known as the Covid-19 pandemic which forced government officials both federal and state governments to place mandates which include the wearing of face-coverings. But with the requirement of most people to wear face coverings, the government also has individuals who they say are exempt at all times from wearing face-coverings.
According to the County of Sacramento|Order Of The Health Officer,
"Individuals are not required to wear face coverings in the following
circumstances:
e. Persons who are specifically exempted from wearing face masks
pursuant to other CDPH guidance."
According to the California Department of Public Health mask guidance,
"The following individuals are exempt from wearing masks at all times:
Persons younger than two years old. Very young children must not wear a mask because of the risk of suffocation.
Persons with a medical condition, mental health condition, or disability that prevents wearing a mask. This includes persons with a medical condition for whom wearing a mask could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a mask without assistance.
Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication.
Persons for whom wearing a mask would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines."
By Rincon having seizures both currently and years before the pandemic, his medical condition falls under the second area of California mask guidance exemptions as seizures are a mental, medical condition, and disability where the patient becomes unconscious and therefore, unable to remove face-coverings himself without the assistance of others while he's actively seizing with face-coverings on.
Rincon started his first day of college in life during Spring 2018 at Solano Community College in Fairfield, Ca which makes Rincon entitled to his catalog rights for degree requirements under the 2017-2018 catalog year as he has continuously attended college each main semester of Fall and Spring since his first completed semester which means his graduation requirements cannot be changed to current catalog year courses that aren't apart of Rincon's catalog degree requirements.
Right before the start of Fall 2021 semester in LRCCD, Rincon emailed the CRC Admissions office, informing them in advance of his medical exemptions to face coverings at all times while providing a doctor's note in the email for proof as he had an in-person class of RTVF 331 (Beginning TV Production). In his initial email sent to CRC Admissions and his DSPS counselor Alphonso, Nguyen on August 10, Rincon wrote,
"My name is Robert Rincon, I'm emailing you guys at Cosumnes River College as I'LL be attending Fall 2021 semester with some courses being in-person for my camera classes. Under California Department of Public Health and Federal CDC mask guidance, I'm medically exempt at all times from wearing face coverings due to my seizures disability where I become unconscious and therefore unable to remove face coverings myself, without the assistance of others while I'm actively shaking during seizures." That same email was then forwarded from Rincon to CRC's Communications and Public Information Officer named Kristie West.
In her email response sent August 12, 2021, at 8:45 a.m to Rincon, West wrote,
"Robert,
An email will be sent to all students (likely on Monday), explaining how they ask for exemptions to our vaccine requirement. At that time, I would upload these documents about your exemption to masks, so it’s on the official record. Also, I would speak to each of the professors you will have this fall (on ground) ahead of time and make sure they understand. I have no way of putting this information into your record."
So Rincon felt he would have no problem returning to CRC campus as usual since he had seizures his lifetime which medically exempts him from face-coverings and he has gotten a response from a college official of uploading his doctor's note for face-covering exemptions.
Then, Rincon experienced difficulty when another faculty staff member from CRC known as the Associate Vice President of Student Services, Tadael Emiru notified Rincon that he wouldn't be allowed indoors of CRC campus until Rincon has a medical professional complete the district's face-covering exemption form.
"Dear Robert,
First, I applaud your commitment to complete your degree here at CRC. We are doing everything we can to ensure that you successfully complete your program and graduate.
Consistent with public health authority directives, all Los Rios Community College District students must wear face coverings while indoors on campus. This includes when students are attending in-person classes. If you have a medical condition that precludes you from wearing a face covering, please complete this form.
Please note that part of this form needs to be completed by your physician or a medical professional. This form needs to be completed even if you already have documentation from your physician so that we can fully understand what your specific medical restrictions are. Once you complete this form, please email it to me as soon as possible so we can determine how we can accommodate you."
Though Rincon went through all of the steps Los-Rios District told him to do, including having a doctor sign the district's face-covering exemption form. Rincon was then told to drop his in-person class, sign up for all online classes and services in addition to being denied all access to the indoors of CRC campus which includes in-person tutoring with no face-covering.
This shows that instead of accommodating Rincon as written in the email, Emiru lied to Rincon by denying him indoor access due to his disability exempting Rincon from all face coverings under the law. This is also a case of disability discrimination.
Seizures are known to be a hidden disability that is covered under section 504 of 1973 Rehabilitation Act. What are hidden disabilities?
According to the U.S Department Of Education,
"Hidden disabilities are physical or mental impairments that are not readily apparent to others. They include such conditions and diseases as specific learning disabilities, diabetes, epilepsy, and allergy." What disabilities are covered under section 504? "ED Section 504 regulation defines an "individual with handicaps" as any person who (i) has a physical or mental impairment which substantially limits one or more major life activities."
How can you tell who's an individual with handicaps?
"The key factor in determining whether a person is considered an "individual with handicaps" covered by Section 504 is whether the physical or mental impairment results in a substantial limitation of one or more major life activities. Major life activities, as defined in the regulation, include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
The impairment must have a material effect on one's ability to perform a major life activity."
Seizures cause patients' bodies to have impaired motor skills which also impacts major life activities such as driving, walking, and moving around. During seizures, patients lose control of all body senses which includes going deaf and losing vision until regaining consciousness. In fact, here goes a post from Vacaville Police Department and CBS13 News when Rincon had a seizure while walking to his job at the time. In fact, the seizure impaired Rincon's motor skills causing him to fall into the busy road of oncoming traffic. That's when Officer. Carly Stone of Vacaville PD teamed with a off-duty Paramedic Ian Nicholas both worked together to move Rincon out of the road and call for paramedics.
According to the U.S Department Of Education,
"Whether attending school in-person or remotely, students who cannot wear a mask due to their disability must not be denied services or disciplined for being unable to comply with mask requirements and must continue to receive instruction on a nondiscriminatory basis.
In returning to the physical classroom, schools and school districts also must continue to adhere to the Federal requirement that, to the maximum extent appropriate, students with disabilities receive their education in the same environment as their non-disabled peers."
This means that students who are medically exempt from wearing face-coverings ruled under law due to their disabilities must receive equal access to the same in-person learning and service opportunities offered to those who are both non-disabled and those who are nonmedically exempt from face-coverings under law.
Rincon was excluded from his federally-funded course of study due to disability exemptions to face covers after all requested proof of disability was given to the college. According to one source,
"Examples of Discrimination include the following:
Denying a student with disabilities accommodations or modifications in the classroom, on tests or examinations or in university provided housing;
Denying a student with disabilities admission because of his/her disability;
Excluding a student with disabilities from a course of study, educational programs or an activity because of his/her disability."
According to the Federal Center for Disease Control (CDC) Guidance for Institutions of Higher Education,
"IHEs that continue to require universal mask policies should make exceptions for the following categories of people:
A person with a disability who cannot wear a mask, or cannot safely wear a mask, because of a disability as defined by the Americans with Disabilities Act (42 U.S.C. 12101 et seq.)."
According to the California Department of Education,
"Recently, the California Department of Education has been made aware of instances where students with disabilities may have been inappropriately excluded from educational environments for the inability to wear a face covering. The purpose of this notice is to remind local educational agencies (LEA) of state and federal guidance requiring face coverings, including allowable exemptions, in order to avoid implementing policies that may result in a denial of a free and appropriate public education (FAPE).
Students with disabilities must not be excluded from educational environments if their disability prevents them from wearing a face covering."
Rincon plans to address this issue to State Capitol leaders, including his political representative, to fix a local issue of disabled college students currently being discriminated against and denied access to all in-person learning courses and services including in-person library, who are medically exempt at all times from wearing face coverings under law, due to face coverings worsening medical conditions as it does to Rincon by triggering seizures more often as to seizures happening less often with no face coverings worn.
This was proven by Rincon's doctor on a video electroencephalogram (EEG) recording when nine seizures were captured while wearing a face covering, compared to no seizures happening in the same time frame with the face covering off.
Face coverings don't just bother Rincon in school, it also prevents him from getting jobs with face-covering medical exemptions not being followed which means companies and schools such as Cosumnes River College, are putting their own policies above both federal and state medical exemptions.
While CRC staff and Emiru are not allowing Rincon indoors without face coverings and may not want to agree that Rincon's disability is bad enough to exempt him at all times from all face-coverings, a federal judge has ruled in Rincon's favor with "Fully Favorable" decision after finding and writing out that Rincon is permanently disabled and unable to work any job due to mask mandates and with everyone denying Rincon jobs and now, college due to all places denying Rincon's medical exemption to all face-coverings and at all times.
What are the responsibilities of staff and disabled students in post-secondary education or college?
"At the postsecondary level it is the student's responsibility to make his or her handicapping condition known and to request academic adjustments. This should be done in a timely manner." Once students have informed their post-secondary institution or college of their handicap condition and needs to be successful in learning,
"It is especially important for these students to understand that postsecondary institutions also have responsibilities to protect the rights of students with disabilities."
Though Rincon has been a part of CRC's Disability Support Program and Services (DSPS) since 2019 before face coverings were required, Rincon's disability of seizures is nothing new as it's always been marked on his academic profile including days in 2019-2020 when Rincon experienced seizures on CRC campus in previous years.
It's just the face-coverings requirement for staff and students that are new and CRC are showing biased ruling by following the government part of mandating face-covering for those who are capable of wearing, but not following the government's exemptions for disabled students like Rincon, whose disability is mental and chronic enough that he falls under medical exemptions at all times and his disability is also deadly as death from seizures is known as Sudden Unexpected Death in Epilepsy (SUDEP).
Response from Cosumnes River College after Rincon was excluded from his in-person course due to medical face-covering exemptions under law.
Rincon speaking at California State Capitol on October 18 in front of a crowd about Tadael Emiru and Cosumnes River College denying him equal access to in-person learning and access to indoors of campus while medically exempt under law from wearing face coverings at all times.
Jan 24, when Rincon wore a mask as instructed to get his semester books in the college's bookstore which resulted in Rincon having seizures with the mask on.
Once Rincon recovered at the hospital and home, Los-Rios Community College District then issued Rincon a official face-covering exemption letter after this seizure was witnessed by Detective. Amy Freeman of Los-Rios Police Department who was near the CRC Bookstore at the time of Rincon's seizure with mask over his face.
Rincon speaking during Los-Rios District Board Meeting October 20, 2021 informing board members about being excluded from in-person courses due to disability exemptions from face-coverings after doctor also signed District's face-covering exemption form.
Los-Rios College District Discrimination form filled out, scanned, and emailed to Cosumnes River College Equity Officer Joel Powell and Cosumnes River College President Edward Bush, in addition to medical and government documents for proof of disability and medical exemptions from face-coverings at all times under Law due to seizures.
Associate Vice President of Student Services Tadael Emiru who denied Rincon access to indoors of CRC campus with no face-coverings even after doctor has signed district's face-covering medical exemption form due to Rincon's life history of seizures exempting him under Law from face-coverings at all times.
Even if students are fully vaccinated against Covid-19 and never tested positive for Covid-19 but have disability exemptions to face-coverings under law, Los-Rios Community College District staff have still excluded the fully-vaccinated disabled students from accessing indoors of campuses while denying government face-covering exemptions.
This in-person service with appointments at the Reading/Writing Center of Cosumnes River College is one of the in-person opportunities that disabled students with medical face-covering exemptions under Law, are being inappropriately excluded from accessing indoors.
What shocks many people is that Los-Rios Community College District allows Medical and Religious Exemptions to Covid-19 Vaccines but they aren't following the Sacramento County, California State, nor Federal CDC face-covering exemptions for disabled students and staff which shows with proof that Los-Rios District is putting their own policies above the Law's medical exemptions to face-coverings. As everyone has heard and said for decades, "Noone is above the law."
Recording of Rincon and Tadael Emiru meeting October 5, 2021 12:41p.m-12:52 pm. Emiru informing Rincon about disciplinary consequences that Rincon could face if going indoors with no face-coverings while Rincon is medically exempt under law though.
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