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Private college faces lawsuit after disabled dad's 'humiliating' bathroom incident

The family of a student at Columbia College in Chicago claims security denied his disabled father from using the campus's restroom, and is pursuing legal action.

Columbia College, a private, non-profit college located in Chicago, faces impending legal action from the family of a student, after his disabled father said he was denied permission to use a campus restroom. 

According to a report by Fox 32 Chicago, Jose Palencia was dropping off his son Jose Eusebio-Palencia at the school's campus on April 4, when he needed to use the restroom. Columbia's security, however, allegedly denied the father access to use the restroom after multiple pleas, and as a result, he defecated.

Palencia has survived two strokes which left him with limited mobility of the left side of his body.

The family spoke out to the media regarding the matter, explaining to reporters what had happened, and the humiliation the father had experienced.

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"Things got complicated as my dad could no longer hold it. My father ended up defecating himself right in front of staff," Palencia's daughter Jennifer Santoyo explained as she held back tears. "Can you imagine how humiliated that my father had felt at that time? That's humiliating! No one should ever have to go through something like that."

The family has decided to file a complaint with the civil rights division of the United States Department of Justice. 

Palencia openly shared the embarrassment he felt after the incident took place.

"Like my daughter said, I was extremely upset and very embarrassed, and most of all humiliated," Palencia stated while addressing the situation."I pleaded with them, constantly, to please let me in."

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He further explained the interaction he had with security. 

"They just told me to leave – told me to leave the premises, or I was going to get arrested," he said. "I was slowly walking to the car and I don't know if you guys could imagine, but it was horrible." 

In a prepared statement shared with Fox News Digital, a staff member of the college's media relations department relayed an apology the school had issued. 

"Columbia deeply regrets this incident and has apologized to the family privately and would like to take this opportunity to do so publicly. The college is making sure that its contracted security firm is taking steps to ensure its personnel is following college policies … while Columbia does not have public restrooms, members of the Columbia community, including parents, are allowed to use restrooms on campus." 

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Palencia's daughter addressed the college's response to the situation, claiming it was insufficient.

"They need to apologize to my father," Santoyo said. "They apologized to my brother, not directly to my father."

The son, who is in his third-year of attending the college, also spoke out against the school. Despite the college's issued apology, he told the press, "No, that's not enough! That's not enough!"

"Am I supposed to accept this apology for what they did to my father? I've been coming here for three quiet years, getting dropped off here every day," Palencia's son said. "I'm an honors student here, so why did my father get treated this way regardless of policy?" 

The security officers' acts would fall under discrimination against Palencia, and be in conflict with the school policy statement. 

"Columbia is committed to maintaining an environment that respects the dignity of all individuals. Accordingly, Columbia will not tolerate harassment or discrimination based on religion, race, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnicity, or any other category protected by law by or of its students, faculty, or staff," the statement reads. 

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