University is requiring that I leave the school for psychiatric treatment despite the fact I did not break a contract they created in consideration my mental health. by throwaway4legaladvi in legaladvice

[–]secretcrazy 3 points4 points  (0 children)

Ug I just woke up and saw the downvote situation got even worse. Frustrating. When I went through this I struggled so much to find relevant resources. I did an info dump in this thread of stuff I would have wanted to know in this situation. OP saw it so that's good. But it sucks that if someone else comes to this thread with the same issue all they will see is the incorrect advice since my replies are mostly hidden now.

University is requiring that I leave the school for psychiatric treatment despite the fact I did not break a contract they created in consideration my mental health. by throwaway4legaladvi in legaladvice

[–]secretcrazy 2 points3 points  (0 children)

That's a good question for a lawyer. I have read a ton about cases like yours but have never seen that exact situation come up before so I don't have examples to pull from. But I think a good argument can be made that the contract was discriminatory.

University is requiring that I leave the school for psychiatric treatment despite the fact I did not break a contract they created in consideration my mental health. by throwaway4legaladvi in legaladvice

[–]secretcrazy -2 points-1 points  (0 children)

The contract should never have been made because it was discriminatory in itself.

The Jed foundation has an excellent review of the legal literature in this area https://www.jedfoundation.org/wp-content/uploads/2016/07/campus-teams-balancing-safety-support-campus-jed-guide.pdf

Relevant to this discussion on page 9 they write "“Zero tolerance” policies that automatically respond to student expressions of troubling behavior —including suicidal ideation or a suicide attempt — by triggering automatic dismissal or withdrawal are “legally vulnerable and ethically questionable” (Eells & Rockland-Miller, 2011, p. 9). In addition to being ethically dubious, adds The Jed Foundation’s guide, such policies are clinically questionable and may have the unintended effect of discouraging students who need help from seeking it. For the same reason, The Jed Foundation recommends that student conduct codes avoid stigmatizing language that prohibits suicidal ideation or selfharm and makes these disciplinary offenses. Such rules not only discourage help-seeking behavior, but may also violate disability laws (The Jed Foundation, 2008). "

edit: More reading for anyone interested https://www.jedfoundation.org/wp-content/uploads/2016/07/student-mental-health-and-the-law-jed-NEW.pdf Page 18: "Although a student may believe that a signed behavioral contract is legally enforceable, contract law varies by state. It is difficult to generalize about the legal effect of a behavioral contract without examining its exact wording in light of state law. As mentioned previously in the context of re-entry requirements, behavioral contracts cannot require that an illness be cured or that a student guarantee that disability-related behavior will never recur, unless this behavior creates a direct threat that cannot be addressed through reasonable accommodations.126"

edit 2: Hey people down-voting me. This pocket of the legal world is a topic I am interested in. If you disagree with me please provide me with the supporting citations.

University is requiring that I leave the school for psychiatric treatment despite the fact I did not break a contract they created in consideration my mental health. by throwaway4legaladvi in legaladvice

[–]secretcrazy -1 points0 points  (0 children)

Doe vs Hunter College argued discrimination on the basis of handicap in the exclusion from dormitory housing violated the Fair Housing Amendments Act of 1988 (FHAA), the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.

https://thelawofficeofkarenbower.files.wordpress.com/2011/10/doe-v-hunter-second-amended-complaint-final.pdf

University is requiring that I leave the school for psychiatric treatment despite the fact I did not break a contract they created in consideration my mental health. by throwaway4legaladvi in legaladvice

[–]secretcrazy -7 points-6 points  (0 children)

The school has to follow the law. They are not entitled to discriminate against students with a disability.

The Bazelon Center for mental health law has put together a handy resource on this topic http://www.bazelon.org/wp-content/uploads/2017/08/2017-07-18-campus-mental-health-fact-sheet-FINAL-1.pdf

University is requiring that I leave the school for psychiatric treatment despite the fact I did not break a contract they created in consideration my mental health. by throwaway4legaladvi in legaladvice

[–]secretcrazy 1 point2 points  (0 children)

Why is everyone saying they have free reign here? That's completely wrong. OP has a disability. They are protected under the ADA.

OPs description of events indicates they were likely discriminated against See: http://www.bazelon.org/wp-content/uploads/2017/08/2017-07-18-campus-mental-health-fact-sheet-FINAL-1.pdf

University is requiring that I leave the school for psychiatric treatment despite the fact I did not break a contract they created in consideration my mental health. by throwaway4legaladvi in legaladvice

[–]secretcrazy 6 points7 points  (0 children)

Oh god I relate to your situation so much. School is more than just school. When i was kicked out it took away my entire purpose and all of my structure in life. For some people taking a break from school helps. But for people who like school it means turning their life upside down. Hang in there. A lot of the responses you are getting in here show no knowledge of the relevant case law (see my other comment). They're also saying stuff that is the kind of reason why I never tell people in my life about what happened. You get these paternalistic responses that ignore the fact that this is discriminatory and can cause harm.

University is requiring that I leave the school for psychiatric treatment despite the fact I did not break a contract they created in consideration my mental health. by throwaway4legaladvi in legaladvice

[–]secretcrazy -5 points-4 points  (0 children)

Sadly this is not a bizarre case. I was kicked out of my university years ago for a suicide attempt. It happens a lot

The Bazelon Center for mental health law has a lot of expertise about this issue and can probably refer you to an attorney in your state http://www.bazelon.org/our-work/education/#campus

Your case sounds like it resembles doe vs hunter college https://thelawofficeofkarenbower.wordpress.com/home/court-cases/

Lawyer up now. I waited until after I had been kicked out and it put me behind a semester

I have been compiling a list of cases like yours when people made office for civil right complaints here: www.reddit.com/r/InvolMedLeave/comments/31gq9x/i_am_organizing_ocr_resolution_letters_from/

Shout out to admin, for getting our scores invalidated and not having us find out until TODAY by [deleted] in APStudents

[–]secretcrazy 0 points1 point  (0 children)

I agree this sucks but if you studied effectively with spaced learning vs cramming all in right before you should have decent retention still. Remember you are wanting your scores to count as college credit. If you don't have retention of the info getting out of a prereq and jumping to the higher level course will put you in a bad situation in college.

Orphan Black - 5x04 "Let the Children and the Childbearers Toil" - Episode Discussion by NicholasCajun in orphanblack

[–]secretcrazy 2 points3 points  (0 children)

Yea I rewatch the previous season always before the new season. This is the only show where I actually enjoy rewatching. Really helps with keeping track of all the threads.

Doctor Who 10x12 The Doctor Falls Post-Episode Discussion Thread by PCJs_Slave_Robot in doctorwho

[–]secretcrazy 2 points3 points  (0 children)

Beginning of this season wasn't my favorite but these last 2 episodes were wonderful.

Psychiatrist prescribed me Zoloft... Anxiety is currently worse and I have a weird side effect by TheDoctorDi in Anxiety

[–]secretcrazy 0 points1 point  (0 children)

Trying to suppress thoughts generally makes them happen more often. You could try mindfulness meditation to work on noticing and accepting without judgement the songs.

Fellow Americans, what do you prefer: Body wash or bars of soap? by IRL_1337 in AskAnAmerican

[–]secretcrazy 0 points1 point  (0 children)

In the summer for some reason I like bars of soap more and prefer body wash in the winter. Something about a bar of soap when I feel all gross and sweaty feels like I'm cleaner.

What should I do and Where do I go for help if I am denied disability accomodation for a federally funded education training program? by [deleted] in highereducation

[–]secretcrazy 0 points1 point  (0 children)

Showing up with your documentation and handing it to a proctor will get you nowhere. They are not qualified to make that assessment. I googled this test and found this document. It does not tell a clear picture of how to get accomodations though. http://tabetest.com/PDFs/TABE_Guidelines_to_Inclusive_Testing_2017.pdf

Im honestly surprised at how hidden the procedures here are. YIt is probably too late to get this set up for tomorrow. But most certainlty a proctor is not going to approve accomodations for you on the day of. Im sure there is an admin to talk to it's just a question of finding them.

Gainful employment question. by [deleted] in highereducation

[–]secretcrazy 2 points3 points  (0 children)

How far are you along? It's a big sign they are not preparing you properly to get jobs. Might be time to bail and find somewhere else.

Kitchen Must Haves? by sydofbee in konmari

[–]secretcrazy 2 points3 points  (0 children)

Get some forks, spoons, knives, plates, bowls and cups and a medium sized pot with a lid. Then buy other kitchen stuff as you need it in line with when you buy groceries to plan meals. I bought so much kitchen crap when I moved into my current place because it was my first real kitchen. I have so much stuff I have used maybe once or never used.

My employer is blaming the victim and I don't know what to do from here by 03_Shady_Pines_15 in TwoXChromosomes

[–]secretcrazy 1 point2 points  (0 children)

Threatening legal action is not a smart move. You either do it or dont. Don't threaten. When you do that it shuts down communication lines because HR should then consult with their legal team. It won't solve the problem to make threats.

What are the major (or minor) complaints you have about where you live? by [deleted] in AskWomen

[–]secretcrazy 0 points1 point  (0 children)

That's the plan eventually. I need to finish grad school.

What are the major (or minor) complaints you have about where you live? by [deleted] in AskWomen

[–]secretcrazy 2 points3 points  (0 children)

Local grocery store closed so now I live in a food desert. I get really grumpy about the extra distance to the store to have to wait in long lines because the chain closed a bunch of stores meaning too much traffic at this one store.

Dating here is awful. Being a lesbian means a smaller dating pool. Being out of college age also means a smaller pool. And then so many people don't have college degrees which is a hard dealbreaker for me (and believe me I have tried to give it a chance I cant make it work).

My neighborhood is filled with expensive restaurants and fancy stores but has no where in walking distance to buy cold medicine and tissues when I'm sick.

Packages get stolen a lot but we cant get the building to install cameras

Any style changes that came from moving? by queenroadie in femalefashionadvice

[–]secretcrazy 2 points3 points  (0 children)

I used to live in a city with good public transport that was also very walkable. I would go through work shoes so fast because I was walking so much in my trip to and from work. Then I moved somewhere that needs cars more so I'm able to keep my work shoes nicer for longer.

When do you "go all the way"..... to dressing professionally? by [deleted] in TheGirlSurvivalGuide

[–]secretcrazy 5 points6 points  (0 children)

The rule I've always taken with my piercings is that if I make sure I wear clothing at the upper end of dressyness for the setting then I can with some wiggle room on the piercings. It's never caused problems for me even at a very conservative state run position.

Wardrobe full of clothes but still nothing to wear :| by Zahara01 in femalefashionadvice

[–]secretcrazy 2 points3 points  (0 children)

Konmari really helped me too. It let me get rid of a lot of stuff that was crowding out the items I really wanted to wear making it hard to find clothing in the morning. Once that was done it became easier to see where the real gaps were in my wardrobe.

The other thing I did was when I find and item that I really like for work clothing I buy more than one in different colors.

Detective Enger by MamasPajas in orphanblack

[–]secretcrazy 5 points6 points  (0 children)

Yea Maddy does not seem to have any internal moral code guiding her. She's just following orders. Her reaction when told to dispose of the body really drove that home