PIKEVILLE, Ky. — The University of Pikeville has responded to a disability discrimination lawsuit filed against the school by a former student.

Alison Appleby, of Sherman, Texas, who is epileptic, claims UPike forced her to withdraw from school, rather than address mold problems that made her service dog, Brady, sick.

In its answer, UPike admits Appleby complained about mold problems in her room and says the school moved her, Brady and her roommate to another room while they investigated. And the school says it helped Appleby find an emergency veterinarian for Brady and arranged for a graduate student to take her and the dog there.

Beyond that, the school denies the bulk of Appleby’s allegations and says she “has failed to mitigate any and all alleged damages or has aggravated them by her own actions or inactions” and that any damages she suffered “were proximately and solely caused by Plaintiff’s own conduct, including but not limited to Plaintiff’s failure to participate in the interactive process in good faith as required and Plaintiff’s withdrawal from UPike despite repeated accommodations being provided.”

The university further claims Appleby lacks standing to sue the school and that she failed to provide adequate and timely notice of any alleged discrimination.

UPike is asking for the lawsuit to be dismissed and for Appleby to reimburse the school for its costs incurred in responding to the complaint.

A full copy of both Appleby’s complaint and UPike’s answer follow:

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