Academic Retroactive Withdrawal

I have recently been diagnosed with a medical condition that explains my bad performance in two previous semester (nonconsecutive). I would like to request medical withdrawal for both semesters, but Academic Affairs at my university tells me that I can only withdraw from one semester.

Could I receive a second withdrawal as an accommodation under the ADA? This would not be a retroactive accommodation because it is a withdrawal for me to repeat the classes - not a grade replacement. It seems that the only reason why I am not being given a second withdrawal is for the sake of the rule. Further, shouldn't the ADA supercede whatever university policy is in place?

I understand that the university has its policies, but shouldn't we be evaluated on a case by case basis? My medical condition is not life threatening, but it definitely did affect my academic performance.

 

They never made this clear as an option. All they said was "you can only get a medical withdrawal for one semester, not multiple."

Do I even have a case?

 

There is a final grade grievance, but the deadline for that has long passed. I'm not even sure if my situation would apply; I want a withdrawal, not a grade change.

I definitely do not plan on pursuing any sort of litigation.

I'm simply wondering whether multiple withdrawals are reasonable accomodations under the ADA.

 

But we can agree that those who don't follow the sign are disobeying the law, right?

So this is not a question of whether I'm right or wrong, or if what I'm asking is covered by the ADA?

 

According to the link below, the school has every right to deny my accomodation if the accomodation challenges the academic standards of the school.

What I want to understand is how a second medical withdrawal, as per the unique circumstances of the student's health issue, challenges the academic standards of a school?

http://www.disabilityrightsca.org/pubs/530901.pdf

 

"Under the ADA, retroactive withdrawal because of depression or other mental illness is considered a reasonable accommodation."

NAMI: National Alliance on Mental Illness | Managing a Mental Health Condition in College

The ADA clearly allows for retroactive withdrawal, and I have documentation supporting that due to misdiagnosis my performance was negatively affected during both semesters

 

I'm sorry that I'm harping on this, but can you please explain why claiming an untreated medical condition is the reason behind lack of attendance and participation for multiple semesters is not reasonable? It should not set a bad precedent because I am withdrawing from the second semester purely due to a misdiagnosis. This would not allow a student to withdraw from any amount of semesters because I returned to school under the assumption that I would be okay to perform (after getting word from my doctor).

Also, there will still be a record of withdrawal on my transcript so these semesters will not be completely erased.

 

My documentation clearly states that my (newly diagnosed) disability is the reason behind symptoms that were noted (during the semester) as affecting my class attendance. These symptoms were not, however, noted as disabilities at the time of treatment.

If you can post the cases that would be really helpful. Thank you.