A cadet was accepted into a state police training academy despite the academy's knowledge that he had been diagnosed as an insulin-dependent diabetic, which qualified as a disability under the Americans with Disabilities Act ("ADA"). During the first two days of rigorous training, the cadet made several requests for adequate food accommodations, but was denied food each time. Suffering from severe hypoglycemia, he became disoriented and punched a training officer. Due to his confusion, the cadet does not recall the incident. However, he was immediately terminated for misconduct. The cadet filed an action seeking reinstatement. The state filed a motion for summary judgment, asserting that there was no genuine issue as to any material fact because the cadet's actions clearly fell under the statutory guidelines for termination due to misconduct. In opposition, the cadet filed a motion with evidence, citing the fact that the police academy failed to comply with requests for reasonable food accommodations to which he was entitled by federal law. The cadet argued that his alleged "misconduct" was the result of his disability, and was caused by the defendant's failure to reasonably accommodate him. What is the appropriate action for the court to take on the state's motion for summary judgment