Lawsuit: Wayne State discriminated against student who wanted to be gym teacher because of weight

A former Wayne State University student who wanted to become a teacher is suing the university for $1 million, alleging he was discriminated against because of his weight and disabilities when he wasn't allowed to do his student teaching virtually.

David Lopez, 44, was a student in the physical education kinesiology program, aiming to become a gym teacher. He finished every requirement for the program except for the student teaching.

Lopez weighs over 400 pounds and has diabetes, hypertension and asthma, according to the civil lawsuit filed earlier this year in Wayne Circuit Court.

"They don't think I fit the description of what a PE teacher was because I'm very overweight," Lopez said. "They didn't want me to graduate with my certification because I didn't fit what they perceived to be a gym teacher because of my size and because of my weight. There's no doubt that was the reason why. There was no other reason. I passed everything."

In a court filing response to Lopez’s lawsuit, Wayne State said there is no legal claim for weight discrimination against an educational institution. The university also said it does not control the student teaching requirements of districts.

The university called Lopez’s lawsuit “frivolous” and asked that it be dismissed. A spokesperson for the university did not respond for comment.

Lopez was assigned to Dearborn Public Schools for his student teaching in winter 2022 and his doctor gave him an accommodation letter because of his diabetes, obesity, hypertension and asthma. It indicated he could not stand or walk for prolonged periods of time during his student teaching.

Dearborn indicated it would allow him to student teach in a virtual physical education program, but Wayne State would not allow it, according to the lawsuit.

"All I'd asked for was accommodations, virtual or through physical accommodations inside a classroom," Lopez said. "The school I was at was willing to give me a virtual setting, but Wayne State was not."

Though his accommodations were never approved by Wayne State, he said he completed the first part of his student teaching at a Dearborn elementary school with the help of the gym teacher and some unofficial accommodations. Wayne State told him not to report for the second half of the student teaching, the secondary education class.

"It got to the point where I had no other choice left," Lopez said. "I left with no degree, no certification, no nothing."

One of his professors had previously tried to get him to leave the university with a degree but no teaching certificate, Lopez said. He said the professor told him he didn't think he was qualified to be a gym teacher and he wouldn't be good at it.

While he isn't able to physically participate in some of the sports and activities, Lopez said his weight does not impact his ability to be a good teacher.

Lopez has always loved sports, especially team sports. He coached as a summer job after high school and enjoyed it. But going through this with Wayne State took the joy out of teaching, he said.

His lawsuit also seeks to have him reinstated into Wayne's teaching program, but Lopez said his major has changed to include more health courses now, which require additional classes to graduate.

"Suing the school was my last option," Lopez said. "I didn't want to do it, but I'm doing it because I have nothing, and I have no way to earn a living now because they took away my opportunity to get a degree. All I asked for was a reasonable accommodation."

kberg@detroitnews.com