04-CV-6740 (S.D.N.Y.) Student admitted herself to a medical center after suicide attempt When she returned to the dorm, the locks were changed She was allowed to remove her belongings only in the presence of a security guard - not allowed to return to school even after her doctors determined that she was not a danger to herself or others Suit filed under the ADA, Rehab Act and Fair Housing Act. Settlement (reached in 2006): $65,000 payment to student Reviewing/modifying “suicide policy” to require individualized assessments Press release: Slide 66: Dismissals Based on Mental Health DOJ Agreement: Quinnipiac University Student sought mental health counseling; diagnosed w/ depression Student placed on a mandatory leave with no tuition refund DOJ found that the University failed to modify its mandatory leave policy to permit student to complete course work while living off campus or attending classes online or in person Settlement: Modify policy to consider accommodations other than leave Pay over $32,000 in damages DOJ: “[U]niversities like Quinnipiac cannot apply blanket policies that result in unnecessary exclusion of students with disabilities if reasonable modifications would permit continued participation.” Slide 67: Dismissals Based on Mental Health St. Joseph’s College OCR Letter and Resolution Agreement (No. 02-10-2171) Student engaged in inappropriate conduct toward another student Tried to kiss him; refused to let him go; insisted that they were married; had to be physically removed by a security guard Returned after receiving clearance from her psychiatrist – incident happened again - suspended with no opportunity to appeal College had a disciplinary process w/ due process (notice, hearing, opportunity to present evidence) – not here or similar incidents OCR Resolution Agreement: Will no longer use a separate disciplinary process in situations seemingly to mental health Slide 68: Dismissals Based on Mental Health Bazelon Center for Mental Health Law: Model Policy
04-CV-6740 (S.D.N.Y.) Student admitted herself to a medical center after suicide attempt When she returned to the dorm, the locks were changed She was allowed to remove her belongings only in the presence of a security guard - not allowed to return to school even after her doctors determined that she was not a danger to herself or others Suit filed under the ADA, Rehab Act and Fair Housing Act. Settlement (reached in 2006): $65,000 payment to student Reviewing/modifying “suicide policy” to require individualized assessments Press release: Slide 66: Dismissals Based on Mental Health DOJ Agreement: Quinnipiac University Student sought mental health counseling; diagnosed w/ depression Student placed on a mandatory leave with no tuition refund DOJ found that the University failed to modify its mandatory leave policy to permit student to complete course work while living off campus or attending classes online or in person Settlement: Modify policy to consider accommodations other than leave Pay over $32,000 in damages DOJ: “[U]niversities like Quinnipiac cannot apply blanket policies that result in unnecessary exclusion of students with disabilities if reasonable modifications would permit continued participation.” Slide 67: Dismissals Based on Mental Health St. Joseph’s College OCR Letter and Resolution Agreement (No. 02-10-2171) Student engaged in inappropriate conduct toward another student Tried to kiss him; refused to let him go; insisted that they were married; had to be physically removed by a security guard Returned after receiving clearance from her psychiatrist – incident happened again - suspended with no opportunity to appeal College had a disciplinary process w/ due process (notice, hearing, opportunity to present evidence) – not here or similar incidents OCR Resolution Agreement: Will no longer use a separate disciplinary process in situations seemingly to mental health Slide 68: Dismissals Based on Mental Health Bazelon Center for Mental Health Law: Model Policy
Higher-Education-and-the-ADA-Legal-Brief-May-2016-Word-Slides.docx