Facts
The appellant, X., took the written part of the Licentiate II examinations at the Faculty of Law of the University of Zurich for the second time in January 2010. Since he did not pass the examinations, he was excluded from further examinations. X. appealed against this decision of the Dean's Office and the Appeals Commission of the Zurich Universities.
X. requested the annulment of the decisions and the repetition of the three main subjects examined in writing in an oral procedure before a neutral body, as well as the normal continuation of the oral examinations in the regular procedure to complete the Licentiate II studies.
Considerations
The Federal Supreme Court dismissed the appeal, insofar as it was admissible. It concluded that the Disability Discrimination Act does not apply to the University of Zurich, which is under cantonal sovereignty. Instead, disabled students must rely on the protection of the general prohibition of discrimination under Article 8 paragraph 2 of the Federal Constitution.
The Federal Supreme Court did, however, affirm a denial of justice by the Dean's Office, as it had not answered the appellant's inquiry about the division of the examinations into several parts. However, it accused the appellant of acting in bad faith, as he had taken the examinations despite…