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Ayesha Khan v. Midwestern University
Citation: Not availableDocket: 17-1055
Court: Court of Appeals for the Seventh Circuit; February 25, 2018; Federal Appellate Court
Original Court Document: View Document
The United States Court of Appeals for the Seventh Circuit issued an order regarding Ayesha Khan's appeal against Midwestern University. The court considered Khan's Petition for Rehearing, filed on February 7, 2018, modifying its opinion from January 16, 2018. In all other aspects, the petition was denied. Key amendments to the opinion include: 1. Acknowledgment of an inconsistency between the electronic and paper filings of Khan's reply brief, attributed to her counsel's inadvertent submission of an earlier draft electronically. The court noted that this discrepancy could have led to significant issues had it not been discovered by chance. 2. The court expressed frustration over the misrepresentation of the record by Khan and the inadequate details provided regarding her requests for reasonable accommodations. The court highlighted the difficulties it faced in assessing whether Khan could potentially pass her courses, stating that it is not the appellate court's responsibility to search the record for facts that might support the plaintiff's case. Khan's arguments lacked specificity regarding the timing and nature of her accommodation requests, and she did not clearly demonstrate how the accommodations would have enabled her to participate in her program or succeed academically. These points underscore the court's view that the onus is on the plaintiff to present a coherent and substantive case, which Khan failed to do.