530 DISCRIMINATION IN ADMISSION TO POSTSECONDARY EDUCATION (Sec. 106.56, Stats.)

[Pursuant to sec. 106.56, Stats., it is unlawful for an institution of postsecondary education to discriminate, in admissions or otherwise, on the basis of disability. Complaints charging discrimination or discriminatory practices in violation of this provision may be filed with the Equal Rights Division, and such complaints are processed by the division in the same manner that employment discrimination complaints are processed under the Wisconsin Fair Employment Act. Decisions of the ERD under this provision may be reviewed by LIRC as provided in sec. 106.52(4)(b), Stats., which is part of the Public Places of Accommodations and Amusements Law.]

The Department of Vocational Rehabilitation ("DVR") was not covered by Wis. Stat. §106.56, Wisconsin's Discrimination in Post-Secondary Education Act. The Act only applies to alleged discrimination by a school, university or other institution offering courses or programs in post-secondary education or vocational training which is supported, wholly or in part, by public funds. DVR is not a school or a university, and it does not itself directly offer courses or programs in postsecondary education or vocational training. DVR cannot be claimed to be an institution that offers courses or programs within the meaning of the statute simply because it offers potential funding for courses or programs. Merely providing funding for courses which are offered and controlled by another institution is distinct from offering the courses themselves. In the context in which it appears in the statute, the word "institution" cannot be stretched far enough to cover DVR and its employees. Daniels v. Div. Vocational Rehab. and Wollensheim, (LIRC, 03/25/11).

The Wisconsin Personnel Commission lacks jurisdiction over complaints filed under sec. 101.223, Wis. Stats., which prohibits post-secondary education institutions from discriminating on the basis of physical condition or development disability. Fischer-Guex v. UW-Madison (Wis. Pers. Comm'n, 12/17/92). [Ed. Note: sec. 101.223 is now sec. 106.56, Stats.]

The Complainant failed to establish probable cause that the Respondent was a school, university or other institution within the meaning of sec. 101.223(1), Stats. Steidl-Cox v. Skilled Trades Improvement Program (LIRC, 11/18/92). [Ed. Note: sec. 101.223(1), Stats., has been re-numbered sec. 106.56(1), Stats.]