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Thomas asks…

Can I sue for my physical health and mental wellbeing?

I'm a student at a private school during the normal semesters, but I'm taking summer classes at a local, public school this summer. We are now in the second session. The first session went by without any problems.

This session, however, the air conditioning has not been on and I'm in a ridiculously hot classroom for 4+ hours a day, 4 days a week. I've been light-headed, dizzy, and nauseous. I threw up twice. I made my concerns clear the first day it happened, went back for the next few days in a row to talk to the dean of the department's secretary and then finally the dean. Of course, I also spoke with my professor. There are plenty of empty rooms that have functioning air conditioning and they refuse to move us simply because "the rooms are locked". I have our conversations recorded after I realized that I was not going to be getting much help. My classmates are also always hot and a few others have also expressed discomfort and that they were feeling faint. We were told not to drink from the water fountains because they have been contaminated, the vending machines are often out of water bottles, and the "cold" water in the bathrooms are lukewarm, so I can't even splash my face in an attempt to cool down. I have personally been experiencing negative side effects of the heat and fear that I will faint or have a heat stroke (not uncommon in this situation). I'm going to my doctor in a few minutes and will be looking for his input on the matter. Can I sue? I tried several times to fix the problem and spoke to several people. My physical health and mental wellbeing (it's difficult to concentrate and pay attention. How am I supposed to learn if I can't pay attention?) are at stake and I feel horrible. I leave class each day ready to fall on the floor and my brother, who picks me up, has commented several times that I looked terrible and weak.

What laws are there that say that classroom conditions must be suitable to learning? What are the laws that say that professors and employees of colleges have to make sure that their students are safe? This is in NY.
well i had to stay.. i can't just fail class because they won't provide suitable learning conditions.

admin answers:

You have the choice to not attend.

In order to sue and win, you ohave to prove damages, being hot (and not leaving the classroom) are not damages. So what damages do you have?

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