ADA/Section 504 Question

Status
Not open for further replies.

anonymousdot

New Member
I am facing an academic issue at the moment, and I am wondering if the treatment I am facing has been in compliance with the ADA/Section 504. I will further explain my academic circumstance so that we can determine if it has been. I was a student that transferred to my university and attended it from the fall of 2020 - fall of 2021. I struggled with the transition to a remote format and the isolation period during the pandemic, and I fell into a severe depression in the fall of 2020. Following a period of poor academic performance, I was dismissed. In attempting to return to complete a quarter of readmission, my initial request to return by my major department was denied. After months of discussion, the department allowed me to return to attempt a quarter of readmission in the winter of 2023, and as part of an agreement requested that I provide a letter from a therapist which stated that I was receiving therapy. As I did not meet the readmission standards during this quarter, I was told that I was unable to continue.

My performance for the duration of time prior to my dismissal and during my quarter of attempted readmission was impacted greatly by my moderate to severe depression and OCD, and during the fall of 2020 - spring of 2021, by the pandemic and the abusive household conditions that I was isolated within. I was in a low mental state, and I was in such a state that I was not able to take the steps to better myself such as seek out accommodations, drop courses, or withdrawal from quarters in which I was not doing well. I strongly believe that I would be able to return and complete courses satisfactorily if granted accommodations. My low performance in coursework has often been the result of late and missing work, rather than misunderstanding of material, and being granted accommodations would address this issue. My mental health issues impact my ability to meet deadlines and complete coursework in a timely manner, as they contribute to my having lowered motivation, poor concentration, and high levels of anxiety surrounding deadlines and exam time limits. I have shared this with my university and department. Since my attempt at readmission, I have been trying to gain permission to attempt readmission again to return to my major department, this time with accommodations that account for how my mental health issues impact my academic performance, but I have been denied permission to do so. As a students' ability to continue in a major comes at the jurisdiction of departmental leadership for my major department, I cannot continue without their approval. I am wondering if the department's treatment of me has been in violation of the ADA/Section 504, which I understand protects students from being mistreated or excluded from spaces as a result of their disabilities. While I take accountability for the grades I have earned, during my time at my university I had moderate to severe depression which presented itself in ways that greatly impacted my academic performance. I have tried explaining countless times to my department that I was impacted by my mental health to an extent that I was not able to perform well. My mental health issues were not accommodated for. While I know it is my responsibility to seek accommodations, I was in such a poor mental state that it was difficult for me to make the effort to seek them out.

I am not sure that the department's refusal to allow me to attempt a quarter of readmission, this time with accommodations, is in accordance with the ADA/Section 504. They are basing their refusal to allow me to continue under the basis of grades that I had received when I was struggling with significant mental health issues without accommodations. They have expressed to me that they believe I will fail courses within their department if I were to continue and that they no longer have space that they would like to allocate towards me, and that they do not think their decision is inequitable. I do not think I have been treated in a just way, and I do not think that they view depression as a condition that can impact a student in a way to the extent that I was impacted. I believe factors such as inattentiveness are being viewed as incapability to perform.

In speaking with my campus ADA officer, I understood that they could not share with me if disability discrimination has occurred as this is a determination that would require a thorough investigation. It was shared however, that the department's knowledge of my mental conditions (and being presented documentation of my depression and OCD) prior to my attempting readmission, and still choosing not to refer me towards seek accommodations may work against them. I also understand in reading about the ADA/Section 504 that it is a student's responsibility to seek accommodations; however, as explained earlier, I was in a particularly poor mental state and did not make the effort to do this during times in which I was struggling with severe depression. I would be grateful if I could gain a greater understanding of whether or not their treatment of me has been in compliance with the ADA/Section 504. I am willing to answer questions if requested.
 
Last edited:
I want to preface this by saying I do not want advice from anyone who does not have a legal background. Please, refrain from sharing an opinion or unwarranted advice; I am asking for legal advice.

I am facing an academic issue at the moment, and I am wondering if the treatment I am facing has been in compliance with the ADA/Section 504. I will further explain my academic circumstance so that we can determine if it has been. I was a student that transferred to my university and attended it from the fall of 2020 - fall of 2021. I struggled with the transition to a remote format and the isolation period during the pandemic, and I fell into a severe depression in the fall of 2020. Following a period of poor academic performance, I was dismissed. In attempting to return to complete a quarter of readmission, my initial request to return by my major department was denied. After months of discussion, the department allowed me to return to attempt a quarter of readmission in the winter of 2023, and as part of an agreement requested that I provide a letter from a therapist which stated that I was receiving therapy. As I did not meet the readmission standards during this quarter, I was told that I was unable to continue.

My performance for the duration of time prior to my dismissal and during my quarter of attempted readmission was impacted greatly by my moderate to severe depression and OCD, and during the fall of 2020 - spring of 2021, by the pandemic and the abusive household conditions that I was isolated within. I was in a low mental state, and I was in such a state that I was not able to take the steps to better myself such as seek out accommodations, drop courses, or withdrawal from quarters in which I was not doing well. I strongly believe that I would be able to return and complete courses satisfactorily if granted accommodations. My low performance in coursework has often been the result of late and missing work, rather than misunderstanding of material, and being granted accommodations would address this issue. My mental health issues impact my ability to meet deadlines and complete coursework in a timely manner, as they contribute to my having lowered motivation, poor concentration, and high levels of anxiety surrounding deadlines and exam time limits. I have shared this with my university and department. Since my attempt at readmission, I have been trying to gain permission to attempt readmission again to return to my major department, this time with accommodations that account for how my mental health issues impact my academic performance, but I have been denied permission to do so. As a students' ability to continue in a major comes at the jurisdiction of departmental leadership for my major department, I cannot continue without their approval. I am wondering if the department's treatment of me has been in violation of the ADA/Section 504, which I understand protects students from being mistreated or excluded from spaces as a result of their disabilities. While I take accountability for the grades I have earned, during my time at my university I had moderate to severe depression which presented itself in ways that greatly impacted my academic performance. I have tried explaining countless times to my department that I was impacted by my mental health to an extent that I was not able to perform well. My mental health issues were not accommodated for. While I know it is my responsibility to seek accommodations, I was in such a poor mental state that it was difficult for me to make the effort to seek them out.

I am not sure that the department's refusal to allow me to attempt a quarter of readmission, this time with accommodations, is in accordance with the ADA/Section 504. They are basing their refusal to allow me to continue under the basis of grades that I had received when I was struggling with significant mental health issues without accommodations. They have expressed to me that they believe I will fail courses within their department if I were to continue and that they no longer have space that they would like to allocate towards me, and that they do not think their decision is inequitable. I do not think I have been treated in a just way, and I do not think that they view depression as a condition that can impact a student in a way to the extent that I was impacted. I believe factors such as inattentiveness are being viewed as incapability to perform.

In speaking with my campus ADA officer, I understood that they could not share with me if disability discrimination has occurred as this is a determination that would require a thorough investigation. It was shared however, that the department's knowledge of my mental conditions (and being presented documentation of my depression and OCD) prior to my attempting readmission, and still choosing not to refer me towards seek accommodations may work against them. I also understand in reading about the ADA/Section 504 that it is a student's responsibility to seek accommodations; however, as explained earlier, I was in a particularly poor mental state and did not make the effort to do this during times in which I was struggling with severe depression. I would be grateful if I could gain a greater understanding of whether or not their treatment of me has been in compliance with the ADA/Section 504. I am willing to answer questions if requested, but I ask again that I am only in conversation with those familiar with education law.

Read the terms of this site.

If you want legal advice from an Educational Law Attorney, then you need to get a consult in your unnamed state.
 
Read the terms of this site.

If you want legal advice from an Educational Law Attorney, then you need to get a consult in your unnamed state.

I have actually had a consultation with an education lawyer in my state, though it unfortunately was not very informative, and I do not have the funds to continue paying for consultations that may or may not be helpful. If I have violated a term of this site that was not my intention; I would be open to receiving aid from those not familiar with education law if it could be helpful; I have edited my post to reflect this.
 
I have actually had a consultation with an education lawyer in my state, though it unfortunately was not very informative, and I do not have the funds to continue paying for consultations that may or may not be helpful. If I have violated a term of this site that was not my intention; I would be open to receiving aid from those not familiar with education law if it could be helpful; I have edited my post to reflect this.
What state?
 
What state?

The state governed by Gavin Newsome.

This state:

california-counties-map-1116402713.jpg
 
What kind of accommodations do you believe you would need?
I have met with my school's accommodation office, and with their help have determined that I would need accommodations for extended assignment deadlines and extra time on exams, but these cannot come into play until after I am readmitted, so they cannot officially approve this for me.

In terms of how I was affected by my mental health, during the pandemic and thereafter (including in the quarter I attempted readmission), I would often get so stressed about deadlines that I would freeze up and could not begin them until after a deadline had passed, because I could not relax or focus until then. I would also encounter this issue while taking exams; if I felt overwhelmed or became conscious of the time limit, I would do nothing. It got to a point where I had a lot of half-completed exams, and plenty of missing assignments and late deductions. There are multiple courses I have taken where I lost 10-20% of my grade simply to late work deductions, while taking these deductions out of my grade would have left me with an A or a B in the course. For this reason, I am really trying to explain that I do have the ability to perform well in courses if I were able to return with accommodation because it is not the content that I struggle with. I have documentation from multiple psychologists that speak to my having OCD, recurrent moderate to severe depression, and symptoms of lack of motivation, decreased ability to focus, decreased appetite, hypersomnolence, hypervigilence, and rumination and guilt over my academic performance, where they have written that they would support my coming back with accommodation and treatment. During the pandemic, these mental issues were a bit more pronounced as I also lived in an abusive household. I do not want to go too far into detail about this, but it left me feeling very unsafe and on edge, and impacted my well-being and worsened depression symptoms for me.

In courses where I was granted accommodation from professors and TAs without significant penalty, I was able to obtain A or B grades. However, my department does not consider these likely indications of performance because these courses were taken outside of the department. They also disregard the nearly straight A's that I received in the two years I spent at my previous institution because they question if it was as rigorous as my current institution, which I also do not think is fair. I want to note that I did not experience any of these academic difficulties prior to the time of the pandemic when my mental health first declined.

I have explained all of this to my department, and in response receive statements that based on past performance, they do not think I will meet the standards for satisfactorily completing a degree and therefore cannot let me continue. I have been told there is nothing I can do to showcase progress or overturn this decision. The school usually allows dismissed students to attempt readmission with conditions of having to obtain a 3.0 or higher, but as my department has not allowed another attempt at this even with accommodations and with these conditions, they essentially have a veto power which prohibits me from being able to attempt this.
 
Last edited:
He knew the same way I knew - by your IP address, which moderators can access.
 
No, I don't. Nor does Army. We know what state you are posting from. That's all.
I see, thank you for clarifying. I have answered your question about what kind of accommodations I am seeking above, and provided some more details about this situation.

Really, I am trying to determine if this is worth taking on an investigative case over. I have spoken to the ADA/Section 504 officer and a member of the university's civil rights office to ask about the process, and I understand that I have the right to open a case, but that they could not determine if discrimination had taken place until after an investigation was carried out.

Given the information I have shared, is this worth opening a case in?
 
I work with the ADA in employment law, not education law. However, common sense says that if you request an investigation, it might be found that discrimination took place and it might not. If you don't, it will definitely NOT be found in your favor.

Totally up to you how you want to take those odds.
 
I work with the ADA in employment law, not education law. However, common sense says that if you request an investigation, it might be found that discrimination took place and it might not. If you don't, it will definitely NOT be found in your favor.

Totally up to you how you want to take those odds.
Yeah, I mean of course I know this is the case. It is just a time investment (2-3 months for an investigation) and it will probably further annoy the people I'm trying to get approval from if I open an investigation against them. I want to know if it is worth the risk, but no one seems to be able to give a clear answer of whether this case has a chance of going through.
 
Last edited:
That's right. No one can. With the amount of information that you can (or should) post on a public internet message board no one can give you odds. I am not convinced you have a case for discrimination; I am neither convinced that you don't. You could try speaking to a local attorney who can elicit facts that it would be unwise for you to post publically.
 
That's right. No one can. With the amount of information that you can (or should) post on a public internet message board no one can give you odds. I am not convinced you have a case for discrimination; I am neither convinced that you don't. You could try speaking to a local attorney who can elicit facts that it would be unwise for you to post publically.

Can you elaborate on what would be unwise to publically post, and why?
 
If you can't figure out for yourself why it wouldn't be a good idea for you to be posting the details of your situation out in public for everyone, including everyone at the university, to see, then frankly there's no hope for you.
 
Status
Not open for further replies.
Back
Top