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PhD not being allowed to graduate, ADA violation

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myusername1234

Junior Member
What is the name of your state (only U.S. law)? Texas

I am a doctoral student. I have completed all the coursework required, with a GPA in excess of 3.9. I have passed my doctoral examinations, and have been planning to graduate this semester, as I am nearly finished with my dissertation.

I feel that I am being discriminated against on the basis of my depression. The university is taking punitive action against me, because an anonymous third-party has apparently stated that I am severely depressed. I have thus been informed that even though I should be able to graduate this semester, that I will not be allowed to do so unless I 'prove' to the university that I am not severely depressed, on their terms, according to whatever arbitrary definition they have. Obviously, this depresses me. I know it sounds absurd, and one would think that there is more to the story, but the only reason given to me is that I show symptoms of depression. I have asked for an explanation in writing, and the university has not given me anything, although they are not allowing me to register for my final semester.

I understand that the school is concerned about school shootings, but I have made no threats. I feel that my alleged depression is a personal medical matter, and their actions are a violation of the Americans with Disabilities Act. My depression and mental-health should have no bearing whatsoever upon my academic standing. Rather than making reasonable accommodations, not that I'm asking for any, they are instead creating an unreasonable hurdle. I talked to the Dean of Students office, and they said it is my responsibility to convince them that I should be allowed to register. I do not want to argue with them, I want to take this to court. I do not feel that they have an ethical right to ask me to 'prove' my sanity or emotional stability, certainly not without a court order or allegation of wrong-doing. If they were genuinely concerned about my well-being, they would have had me talk to the police, or a doctor, but they did none of these things and merely chose to take punitive actions against me.

I feel that they have clearly crossed a civil-rights line here, as there has been a pattern of such discriminatory actions, against me and others. I know of three other individuals, one blind, one with cerebral palsy, and one with dyslexia, all of whom felt they were discriminated against during their time at the school. There have also been problems with professors demanding that students perform personal favors, such as housesitting, and then retaliating after this was brought to the attention of the university administration.

Please advise me as to how to proceed.

I do not have much money, but I want to find a competent lawyer, who understands this situation. It seems to me that this is a fairly obvious ADA violation, as I am not being allowed to complete my studies because I have an alleged mental illness, despite the fact that I have threatened nobody, and I have had no encounters with the police, or allegations of wrong-doing made against me. I feel that my future career prospects have been significantly damaged by this incident, and my already depressed sense of well-being has been adversely and unnecessarily affected.
 
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justalayman

Senior Member
I feel that my alleged depression is a personal medical matter, and their actions are a violation of the Americans with Disabilities Act. Rather than making reasonable accommodations, they are creating an unreasonable hurdle.
Huh? Reasonable accommodations for what? Of course, they have to be asked for an accommodation before being required to provide one. They are not required to be mind readers.

and you just said you have "alleged depression". Just what would your disability be if the depression is only "alleged"?
 

myusername1234

Junior Member
Huh? Reasonable accommodations for what? Just what would your disability be if the depression is only "alleged"?
I am serious and looking for genuine legal advice. I am not asking for any accommodations, and I've already completed all my coursework. I am simply pointing out that they are adversely discriminating against me, when they should be accommodating. Furthermore, if you knew the law a little better, you would know that the ADA specifically states that it is a violation to discriminate against someone on the mere perception or allegation of disability. It does not matter one iota whether or not I am actually disabled.

If you honestly think that a successful student should be denied enrollment based solely on the fact that they are allegedly depressed, then I really do not understand what your problem is, but I do not want to talk to you anymore. Please do not respond in this thread again, as you are clearly just trying to troll and argue. I am trying to be nice, but I do not appreciate your condescending attitude, when you are most clearly ignorant of the subject matter.
 
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OHRoadwarrior

Senior Member
As a Phd student, I would hope you would be smart enough to use a search engine. Try "ada college accommodations". I suggest you contact the colleges disabilities office and explore a solution. Sound snarky? No more than you were in your post. Good Luck.
 

myusername1234

Junior Member
As a Phd student, I would hope you would be smart enough to use a search engine. Try "ada college accommodations". I suggest you contact the colleges disabilities office and explore a solution. Sound snarky? No more than you were in your post. Good Luck.
Did you even read what I wrote? I'm not looking for accommodations, and I'm talking about suing the university, so obviously I'm not going through their disabilities office. This is -not- a disability issue, its a discrimination issue. I simply do not understand why you people feel compelled to throw your 2-cents in about how you disagree. Move along. Go away. Get a life and stop trolling. I am looking to talk to people who have enough understanding to actually comprehend what I am saying. If you don't get it, well, I'm not talking to you.

If you honestly think that a successful student should be denied enrollment based solely on the fact that they are allegedly depressed, then I really do not understand what your problem is, but I do not want to hear your opinions.
 
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justalayman

Senior Member
This is -not- a disability issue, its a discrimination issue.
if it is not discrimination based on the disability, just what is the claim for discrimination?

Not all discrimination is illegal. In fact, most discrimination is legal so, unless you belong to some protected class, it is quite likely the discrimination you are alleging is quite legal.



If you honestly think that a successful student should be denied enrollment based solely on the fact that they are allegedly depressed, then I really do not understand what your problem is, but I do not want to hear your opinions.
Oh, I think they have a very valid reason for denying your enrollment and it doesn't have anything to do with being depressed (and as I said, there is a huge difference between depression and being depressed). The more you post, the clearer it is that they are making the right decision.
 

Mass_Shyster

Senior Member
I'm not looking for accommodations, and I'm talking about suing the university, so obviously I'm not going through their disabilities office. This is -not- a disability issue, its a discrimination issue.

If you're looking to sue, you should contact an attorney. If you want to sue based on the ADA, I'm pretty sure yoiu must be refused an accommodation. Since you won't request one, you cannot be refused one.

If you're looking for the fastest route to graduation, you should contact the disabilities office.
 

Ozark_Sophist

Senior Member
Contact the Office for Civil Rights with the U.S. Department of Education at ed.gov/ocr/
 
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Ozark_Sophist

Senior Member
Huh? Reasonable accommodations for what? Of course, they have to be asked for an accommodation before being required to provide one. They are not required to be mind readers.

and you just said you have "alleged depression". Just what would your disability be if the depression is only "alleged"?
If you don't know anything about the ADAAA, as evidenced by your answer, don't make youself feel smarter by insulting posters. The ADAAA prohibits discrimination of individuals with disabilities or individuals with a perceived disability.
 
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anearthw

Member
Bringing a lawsuit against a university alleging civil rights violation will be very expensive. I assume, as a PhD candidate, that you likely do not have the funds to do so.

You said it was a 3rd party comment and a private medical matter. Are you under the belief that a 3rd party, such as a mental health professional mandatory reporter, has given them information that you may be a danger to others at the university?

Please clarify. There is a difference between a university refusing registration to someone with depression (a disabilities violation) and a university refusing registration to a student who a mental health professional has recommended may be a danger. However, if it was true that they felt you were a danger, then that should have been reported to the authorities.

The issue here is that you would need a LOT of money to just go ahead and sue a university for refusing to register you because you are depressed. What is their perception of why they have refused you? Depression is not an uncommon illness amongst the population, you should be wary about forking out a lot of $ to potential attorneys if that is not the actual issue here.
 

ecmst12

Senior Member
Why exactly would the school be concerned about a shooting just because they suspect you are depressed? Or does this have NOTHING to do with alleged depression and everything to do with threatening statements and/or unstable behavior from you? Because it makes no sense that they would want to prevent you from registering just because you may be depressed and it makes no sense that they would have any safety concerns for that reason alone either. You're the one who mentioned you think they are worried about shootings...why would you think that? You are not telling the whole story here.
 

OHRoadwarrior

Senior Member
Did you even read what I wrote? I'm not looking for accommodations, and I'm talking about suing the university, so obviously I'm not going through their disabilities office. This is -not- a disability issue, its a discrimination issue. I simply do not understand why you people feel compelled to throw your 2-cents in about how you disagree. Move along. Go away. Get a life and stop trolling. I am looking to talk to people who have enough understanding to actually comprehend what I am saying. If you don't get it, well, I'm not talking to you.

If you honestly think that a successful student should be denied enrollment based solely on the fact that they are allegedly depressed, then I really do not understand what your problem is, but I do not want to hear your opinions.
The disability office is the universities liaison for government compliance. Their function is to assist you with any disability or perceived disability problems in relation to your student status. If they fail to accomplish this task to your satisfaction, then call the US dept of Education.
 
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justalayman

Senior Member
The ADAAA prohibits discrimination of individuals with disabilities or individuals with a perceived disability.
You seem to be missing the point the OP denies there is a disability. You also seem to be missing the point OP simply wants the school to be accommodating (whatever that is supposed to mean) and is not seeking an accommodation as defined under the law. There are several posts by myself as well as OP and another poster that have been deleted so you really have no idea what has been said in this thread.

and as I had said in the deleted posts;


being depressed doesn't mean one has clinical depression. They are not one and the same and a person with clinical depression is not necessarily "depressed".

I feel that I am being discriminated against on the basis of my depression. The university is taking punitive action against me, because an anonymous third-party has apparently stated that I am severely depressed.
from what the OP describes, it is not a matter of clinical depression the school is acting on but one of being depressed. I suspect the school believes OP will not be able to complete the requirements of the program due to him being depressed. Unless they perceive the malady to be true clinical depression, they are not required to act merely because he is "sad".

Additionally, he has refused to seek any assistance to aid in dealing with problem. Does that really sound like a person that wants to attend the program or one that is making excuses to explain why they have failed in life or, God forbid, takes some rash action. Nobody can force the OP to accept the assistance that a couple of you think is required and OP has outright refused to seek such assistance anyway. Read what is written.



ecmst12
Why exactly would the school be concerned about a shooting just because they suspect you are depressed? Or does this have NOTHING to do with alleged depression and everything to do with threatening statements and/or unstable behavior from you? Because it makes no sense that they would want to prevent you from registering just because you may be depressed and it makes no sense that they would have any safety concerns for that reason alone either. You're the one who mentioned you think they are worried about shootings...why would you think that? You are not telling the whole story here.
I suspect there is a lot of truth to those words.


You Are Guilty
I presume the degree being pursued is in psychology?
;)
 
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