**PROPOSED CLASS ACTION & PERSONAL INJURY CLAIM

Comprehensive Summary of Facts and Legal Basis

PROPOSED CLASS ACTION (PRIMARY PROCEEDING)

Proposed Representative Plaintiff

Asadul Alam & All the Students and Alumni of the University of WIndsor

Defendants

University of Windsor

Proposed Class Period

2001 – 2026

Proposed Class Definition

All students including with or without disabilities who, during the class period, were:

• Denied reasonable disability accommodation;
• Subjected to discriminatory admissions, academic, or disciplinary decisions;
• Excluded from campus or academic participation without lawful process;
• Denied procedural fairness, reasons, hearings, or appeal rights;
• Retaliated against for asserting disability-related or human-rights protections;
• Harmed by institutional misuse of administrative or campus police authority.

Class Action Basis

This action challenges a systemic, long-standing institutional pattern of disability discrimination, failure to accommodate, procedural unfairness, and abuse of authority by a publicly funded university, affecting a broad and identifiable class of vulnerable students over more than two decades.

The claims raise common issues of law and fact appropriate for certification, including:

• Whether the Defendants breached Charter, human rights, and administrative-law obligations;
• Whether accommodation and disciplinary practices were systemically unlawful;
• Whether class members suffered compensable psychological, academic, and economic harm.

INDIVIDUAL CLAIM (REPRESENTATIVE PLAINTIFF)

In addition to the class claims, Mr. Alam advances an individual personal injury and public-law claim arising from the same institutional misconduct, with aggravated and permanent consequences specific to him.

CHRONOLOGICAL FACTUAL BACKGROUND

2000–2001: Enrolment and Revocation of Accommodation(Human right violation)

• Mr. Alam enrolled as an international transfer student in Fall 2000.
• By Fall 2001, he experienced significant physical, psychological, and cognitive impairments.
• The University knew or ought to have known of his disability.
• Previously granted accommodation was revoked without reassessment, justification, or alternative planning.
• Academic decisions were rendered without accommodation or individualized assessment, rendering them legally invalid.
• Mr. Alam was prevented from continuing in the four-year program despite having completed all degree requirements except two courses by transfer credit.

2005–2006: Consequent Severe Psychological Injury and denial of accommodation(Human right violation and charter violation)

• Ongoing discrimination and exclusion caused major depression and multiple suicide attempts.
• Mr. Alam was treated at Hotel-Dieu Grace Hospital Emergency Unit.
• The University allowed course withdrawal but implemented no accommodation, reintegration, or safety framework.
• A medically vulnerable student was left unprotected, placing life and security at serious risk.

2008–2009: Medical Collapse and Forced Departure. (mental health and physical health suffering continues)

• Hospitalized at Toronto General Hospital for life-threatening hypertension.
• Forced to leave Canada and return to parental care due to inability to live independently.

2002–2014: Discriminatory Denial of Admission (ignored developed disability)(human right violation)

• Repeated denials of admission to the four-year Bachelor’s program.
• Admissions decisions lacked meaningful, individualized accommodation analysis, contrary to Ontario appellate authority.
• These denials prolonged and compounded earlier discrimination.

2012–2013: Legal Proceedings

• Proceedings against two University psychologists:
  • One concluded in Mr. Alam’s favour;
  • The second could not proceed due to inability to obtain expert evidence while outside Canada.

2015–2017: Negligence Late Admission and Continuing Harm

• After 12 years, the University admitted Mr. Alam using the same grades submitted in 2002.
• The University:
  • Continued to penalize him for a low average caused by its own failures;
  • Imposed a new academic structure requiring three additional years, instead of the eight months required absent discrimination.
• The University failed to restore him to his rightful academic position.

2018-2026 Discipline, and Campus Exclusion (Contract Breach, retaliation, and charter violation)

• The University breached its contractual obligations to the student.
• Disability-related non-compliance was miss characterized as misconduct.
• Campus police and administration imposed a cease-and-desist / trespass-type order:
  • Without notice, hearing, reasons, or appeal;
  • Without disability consideration.
• Mr. Alam, who has no criminal record or history of violence, was treated as a security risk without justification.

2022–2026: FOIA / FIPPA Obstruction to justice

• Formal access-to-information requests were submitted in 2022.
• The University:
  • Failed to disclose records;
  • Failed to issue lawful refusal decisions;
  • Diverted disclosure into explanation letters;
  • Obstructed appeal timelines.
• This constitutes an ongoing denial of procedural access rights.

RESULTING HARM (CLASS AND INDIVIDUAL)

• Severe depression and psychosis and disability of 25 years
• Traumatic and/or acquired brain injury, including:
  • Memory impairment,
  • Cognitive decline,
  • Executive dysfunction;
  • Sleeping Disorder
  • Concentration Problem
• Loss of lifelong academic, faculty, and entrepreneurial career opportunities;
• Permanent psychological and neurological injury commencing from the age 24 to 48 and will be continuing for the rest of the life.
• Internal Injury

The harm is ongoing, cumulative, and irreversible.

LEGAL VIOLATIONS (CONSOLIDATED)

Charter of Rights and Freedoms

• Sections 7, 9, 10, and 15(1)

Ontario Human Rights Code

• Sections 1, 5, and 17 (disability discrimination and duty to accommodate)

Administrative Law

• Denial of procedural fairness, reasons, hearings, and appeal rights

Negligence

• Breach of duty of care
• Negligent infliction of severe psychological injury

Criminal-Law Procedural Principles (By Analogy)

• Unlawful exercise of coercive authority without safeguards

Institutional Misconduct

• Retaliation
• Abuse of authority
• Continuing breach over decades

CONTINUING BREACH AND SIGNIFICANCE

The misconduct is systemic and ongoing, not historical.

The case raises issues appropriate for:

• Class action certification
• Personal injury damages
• Charter and public-law remedies
• Systemic injunctive relief

Exhibits(Tentative)

These includes approximately 3000 pages documents and 3000+ email communication,available upon request by google drive shared link:

VIOLATION – UNIVERSITY OF WINDSOR

Exhibit No.	Description	Page No.
1.1.1	2001 – Government-Declared Disability (CRA)	___
1.1.2	2002–2014 Admission Denial Ignoring Developmental Disability	___
1.1.3	2005–2006 Transcripts Demonstrating Severe Mental Health Impact	___
1.1.4	2018 Cease and Desist Order without proper procedure	___
1.1.5	2018 Breach of Contract without valid cause	___
1.1.6	2022–2026 Ongoing FOIA Procedural Violations	___

DAMAGES – CAREER & ECONOMIC LOSS

Exhibit No.	Description	Page No.
2.1	2001 – Lifelong Faculty Career Loss	___
2.2	2006 – Lifelong Entrepreneurship Career Loss	___
2.3	2001 – Lifelong Career Loss	___
2.4	2001–2026 and Future Loss of Health	___
2.5	2009-2017 Victimization of Crime in Bangladesh were forced to depart in