Disabled Veteran and unfair ADA practices at a school? I feel I am at a impass here. CT - USA

[Miah102]

What is the name of your state? Connecitcut

FYI for anonymity, i have removed identifying information

I am 100% disabled and retired Combat Veteran (permanent and total) and a full time student at X Y and Z I feel that I have been denied access to reasonable accommodations that a of my status should be provided and I believe this adjustment is a reasonable accommodation that will provide me with an equal opportunity to perform effectively, while not imposing undue hardship on the organization

Literally the only request I am asking for is to meet on zoom or teams or literally any video platform instead of a phone call. This is humiliating that I have to beg to be allowed to effectively communicate.

on 12/11/2023

I was going to have a meeting with a staff member at the university. They responded to me stating that they would call me at x date and time.

on 12/11/2023

I requested to speak to them via zoom / teams or some form of Video conference.

I was responded to and told me they do not offer this and I can only talk to them on the phone because it is a "recorded line".

Hello person,

Although I appreciate the offer, as we work on a recorded line, I will connect with you in a phone call at 2 p.m. EST today.

On 12/11/2023 at 3:05 PM

I pressed the issue, filing an official ADA request for the record due to my TBI and PTSD with the college: Please note I am also using the GI bill for funding which my understanding means they have to adhere to stricter ADA / accessibility requests, but I am NAL that is just what I have heard. to receive funding.

my ADA request letter read as follows:

Dear person,

I am writing to formally request a reasonable accommodation under the Americans with Disabilities Act (ADA) for my disability, which is a result of my combat service. I have been diagnosed with Post-Traumatic Stress Disorder (PTSD) and a Traumatic Brain Injury (TBI), which impact my ability to communicate effectively in certain situations.

Given these circumstances, I kindly request that meetings be conducted through Zoom or Microsoft Teams rather than traditional phone calls. This accommodation is necessary to ensure that I have equal access to communication and can fully participate in discussions, as video calls provide visual cues and a more controlled environment that are essential for my interaction due to my PTSD and TBI.

I believe this adjustment is a reasonable accommodation that will provide me with an equal opportunity to perform effectively, while not imposing undue hardship on the organization. I am happy to discuss this further and provide any necessary medical documentation.

Thank you for your attention to this matter and for your support in creating an inclusive and accessible working environment. I understand your requirement to record phone calls and I fully consent to our teams or Zoom/video communication meetings to being recorded. I have also attached my 100% Disability letter from the VA as supporting Medical Documentation.

Please NOTE!! I also informed them I understand that it's a recording line and that I fully consent to recording during the video conference!

the next day, on 12/12/2023:

I received an email stating that this person would be delaying our original meeting and that I need to reach out to the Online Accessibility Center to determine how we move forward.

Here is the email for reference:

Hello,

I am going to delay the meeting for today and instead, given the information you provided in your reply, direct you to the Online Accessibility Center to determine how we move forward. You can find their contact information here. Please be sure to connect with them prior to moving forward in our communication.

Best,

on 12/12/2023

I submitted the information requested to the Online Accessibility Center. I again included the request to meet over a video call citing my disabilities and formally submitting documentation that the university required to process my request.

on 12/15/2023

I received a response from an unknown person from that department stating:

Hello Person,

I am writing to confirm that we have received and reviewed your documentation. I would like to set up an appointment to complete the second part of our interactive intake process where we can review reasonable accommodations for your course.

Please respond to this email with a few different days / times when you are available next week and I will do my best to coordinate a mutually convenient time to speak.

Also please provide the best phone number for me to reach you.

I look forward to working with you.

shortly afterwards on 12/13/2023

I did not know who I was speaking to so I requested their name and told them I looked forward to meeting as well. I provided my number and told them I was free on Monday at 1 PM but I was flexible through the week.

Hi Unnamed Person!

I'm excited to be collaborating with you as well! I'm free next week at any time, so please don't hesitate to call me at your convenience. My number is 555-5555-5555 I'd also appreciate it if you could let me know your name so I can properly address you. I am free Monday at 1 PM for a specific date and time, if that works for you.

Respectfully,

I then did not hear back for two days, so on Friday at 12/15/2023

I reached out and explained I was following up on my email from 12/13/2023.

Good Morning,

I am just following up on my last email.

Respectfully,

Person

on 12/15/2023 at 2:12 PM I got the following response from the Office of Online Accessibility.

My name is X Y Z

I will plan to call you Wednesday, December 20th, between 10:00am – 10:30am EST.

I look forward to speaking with you then.

Shortly after on 12/15/2023

I responded again requesting to meet on video so we could have a conversation that I have previously put on record to multiple people in roles of authority to me as well as submitted the university requirements for substantial documentation. This included my diagnosis information and history as well as my VA rating of 100%.

on 12/15/2023 I was again denied a simple Video call instead of a phone call with the following message:

We do not offer video calls.

I look forward to speaking with you on Wednesday. Have a great weekend!

I am very disappointed and would like to express my profound concern and disappointment regarding the treatment I have received as a disabled veteran with PTSD and a traumatic brain injury. The lack of adequate communication and support mechanisms significantly hampers my ability to participate and communicate on an equal footing with other students. This disparity not only undermines my educational experience but also deeply affects my emotional well-being. It is both humiliating and disheartening to find myself in a position where I must continuously advocate for basic accommodations, such as video calls, that should be readily available to support my learning needs. The current approach feels both unethical and discriminatory, failing to acknowledge the unique challenges I face due to my disability. I am seeking your legal expertise to address these issues and ensure that my rights as a disabled student are upheld, guaranteeing me the same access to education and communication as my peers.

The law states that the school must provide an accommodation that is "reasonable". I do not see any scenario in today's day and age were asking for a video call over a phone call is unreasonable.

Does anyone have any advice? Am I blowing this out of proportion? Should I suck down my pride and just try a phone call (even though I will struggle a lot because my TBI and PTSD make it hard for me to communicate over the phone I am totally tone deaf and needs body language / cues.)

I just can't believe I am fighting for a simple video call.

 

[LdiJ]

Has it occurred to you that the offices you are currently working with may not have the technology needed to accommodate your request for video conferencing or people trained to use that technology? Or, could be working from home with the same issues plus no really private space that they are willing to allow to be seen on video?

They might have to come up with some new infrastructure in order to accommodate you and possibly don't have the budget for that at the end of the year like this. I know that when our offices added video conferencing it required quite a bit of additional technology and training. We did it due to COVID but had it not been for that, I doubt we would have done it to accommodate just one client.

Yes, they could likely add it to their personal phones with minimal cost and effort, but are their employees willing to use their personal phones for that purpose?

What seems simple to you, might not be so simple in reality.

 

[adjusterjack]

I don't see anything discriminatory about them insisting on a phone call to EVALUATE your request for future accommodation.

They haven't actually refused you the accommodation.

 

[quincy]

What is the name of your state? Connecitcut

FYI for anonymity, i have removed identifying information

I am 100% disabled and retired Combat Veteran (permanent and total) and a full time student at X Y and Z I feel that I have been denied access to reasonable accommodations that a of my status should be provided and I believe this adjustment is a reasonable accommodation that will provide me with an equal opportunity to perform effectively, while not imposing undue hardship on the organization

Literally the only request I am asking for is to meet on zoom or teams or literally any video platform instead of a phone call. This is humiliating that I have to beg to be allowed to effectively communicate.

on 12/11/2023

I was going to have a meeting with a staff member at the university. They responded to me stating that they would call me at x date and time.

on 12/11/2023

I requested to speak to them via zoom / teams or some form of Video conference.

I was responded to and told me they do not offer this and I can only talk to them on the phone because it is a "recorded line".

Hello person,

Although I appreciate the offer, as we work on a recorded line, I will connect with you in a phone call at 2 p.m. EST today.

On 12/11/2023 at 3:05 PM

I pressed the issue, filing an official ADA request for the record due to my TBI and PTSD with the college: Please note I am also using the GI bill for funding which my understanding means they have to adhere to stricter ADA / accessibility requests, but I am NAL that is just what I have heard. to receive funding.

my ADA request letter read as follows:

Dear person,

I am writing to formally request a reasonable accommodation under the Americans with Disabilities Act (ADA) for my disability, which is a result of my combat service. I have been diagnosed with Post-Traumatic Stress Disorder (PTSD) and a Traumatic Brain Injury (TBI), which impact my ability to communicate effectively in certain situations.

Given these circumstances, I kindly request that meetings be conducted through Zoom or Microsoft Teams rather than traditional phone calls. This accommodation is necessary to ensure that I have equal access to communication and can fully participate in discussions, as video calls provide visual cues and a more controlled environment that are essential for my interaction due to my PTSD and TBI.

I believe this adjustment is a reasonable accommodation that will provide me with an equal opportunity to perform effectively, while not imposing undue hardship on the organization. I am happy to discuss this further and provide any necessary medical documentation.

Thank you for your attention to this matter and for your support in creating an inclusive and accessible working environment. I understand your requirement to record phone calls and I fully consent to our teams or Zoom/video communication meetings to being recorded. I have also attached my 100% Disability letter from the VA as supporting Medical Documentation.

Please NOTE!! I also informed them I understand that it's a recording line and that I fully consent to recording during the video conference!

the next day, on 12/12/2023:

I received an email stating that this person would be delaying our original meeting and that I need to reach out to the Online Accessibility Center to determine how we move forward.

Here is the email for reference:

Hello,

I am going to delay the meeting for today and instead, given the information you provided in your reply, direct you to the Online Accessibility Center to determine how we move forward. You can find their contact information here. Please be sure to connect with them prior to moving forward in our communication.

Best,

on 12/12/2023

I submitted the information requested to the Online Accessibility Center. I again included the request to meet over a video call citing my disabilities and formally submitting documentation that the university required to process my request.

on 12/15/2023

I received a response from an unknown person from that department stating:

Hello Person,

I am writing to confirm that we have received and reviewed your documentation. I would like to set up an appointment to complete the second part of our interactive intake process where we can review reasonable accommodations for your course.

Please respond to this email with a few different days / times when you are available next week and I will do my best to coordinate a mutually convenient time to speak.

Also please provide the best phone number for me to reach you.

I look forward to working with you.

shortly afterwards on 12/13/2023

I did not know who I was speaking to so I requested their name and told them I looked forward to meeting as well. I provided my number and told them I was free on Monday at 1 PM but I was flexible through the week.

Hi Unnamed Person!

I'm excited to be collaborating with you as well! I'm free next week at any time, so please don't hesitate to call me at your convenience. My number is 555-5555-5555 I'd also appreciate it if you could let me know your name so I can properly address you. I am free Monday at 1 PM for a specific date and time, if that works for you.

Respectfully,

I then did not hear back for two days, so on Friday at 12/15/2023

I reached out and explained I was following up on my email from 12/13/2023.

Good Morning,

I am just following up on my last email.

Respectfully,

Person

on 12/15/2023 at 2:12 PM I got the following response from the Office of Online Accessibility.

My name is X Y Z

I will plan to call you Wednesday, December 20th, between 10:00am – 10:30am EST.

I look forward to speaking with you then.

Shortly after on 12/15/2023

I responded again requesting to meet on video so we could have a conversation that I have previously put on record to multiple people in roles of authority to me as well as submitted the university requirements for substantial documentation. This included my diagnosis information and history as well as my VA rating of 100%.

on 12/15/2023 I was again denied a simple Video call instead of a phone call with the following message:

We do not offer video calls.

I look forward to speaking with you on Wednesday. Have a great weekend!

I am very disappointed and would like to express my profound concern and disappointment regarding the treatment I have received as a disabled veteran with PTSD and a traumatic brain injury. The lack of adequate communication and support mechanisms significantly hampers my ability to participate and communicate on an equal footing with other students. This disparity not only undermines my educational experience but also deeply affects my emotional well-being. It is both humiliating and disheartening to find myself in a position where I must continuously advocate for basic accommodations, such as video calls, that should be readily available to support my learning needs. The current approach feels both unethical and discriminatory, failing to acknowledge the unique challenges I face due to my disability. I am seeking your legal expertise to address these issues and ensure that my rights as a disabled student are upheld, guaranteeing me the same access to education and communication as my peers.

The law states that the school must provide an accommodation that is "reasonable". I do not see any scenario in today's day and age were asking for a video call over a phone call is unreasonable.

Does anyone have any advice? Am I blowing this out of proportion? Should I suck down my pride and just try a phone call (even though I will struggle a lot because my TBI and PTSD make it hard for me to communicate over the phone I am totally tone deaf and needs body language / cues.)

I just can't believe I am fighting for a simple video call.

How long have you been a full time student?

Why are you requesting this accommodation now, in mid-December right before the holidays, a time when there tends to be less staff available to assist with your request?

Earlier this year Apple introduced new software that makes it easier for those with disabilities to communicate by phone. Do you have an Apple iPhone? Have you looked into Assistive Access?

 

[Miah102]

Has it occurred to you that the offices you are currently working with may not have the technology needed to accommodate your request for video conferencing or people trained to use that technology? Or, could be working from home with the same issues plus no really private space that they are willing to allow to be seen on video?

They might have to come up with some new infrastructure in order to accommodate you and possibly don't have the budget for that at the end of the year like this. I know that when our offices added video conferencing it required quite a bit of additional technology and training. We did it due to COVID but had it not been for that, I doubt we would have done it to accommodate just one client.

Yes, they could likely add it to their personal phones with minimal cost and effort, but are their employees willing to use their personal phones for that purpose?

What seems simple to you, might not be so simple in reality.

 

[Miah102]

I don't see anything discriminatory about them insisting on a phone call to EVALUATE your request for future accommodation.

They haven't actually refused you the accommodation.

Are you aware of and have case-specific knowledge of the ADA and the language within it?

 

[Miah102]

Are you aware of and have case-specific knowledge of the ADA and the language within it?

 

[Miah102]

How long have you been a full time student?

Why are you requesting this accommodation now, in mid-December right before the holidays, a time when there tends to be less staff available to assist with your request?

Earlier this year Apple introduced new software that makes it easier for those with disabilities to communicate by phone. Do you have an Apple iPhone? Have you looked into Assistive Access?

Are you aware of and have case-specific knowledge of the ADA and the language within it when it comes to accommodating students with disabilities?

In the court of Law the university will have to prove that using video communications over phone communications put a significant hardship on the business and they will also have to prove what that hardship is.

 

[adjusterjack]

Are you aware of and have case-specific knowledge of the ADA and the language within it when it comes to accommodating students with disabilities?

Enough to know that they have a right to evaluate your request for the accommodation.

Are you aware of and have case-specific knowledge of the ADA and the language within it that addresses exceptions and limitations?

In the court of Law the university will have to prove that using video communications over phone communications put a significant hardship on the business and they will also have to prove what that hardship is.

They don't have to prove anything until they deny you the accommodations.

As I noted earlier they are in the evaluation stage, which requires your cooperation, not the denial stage.

Frankly, if you are already thinking court, you might as well hire a lawyer now.

 

[LdiJ]

Are you aware of and have case-specific knowledge of the ADA and the language within it when it comes to accommodating students with disabilities?

In the court of Law the university will have to prove that using video communications over phone communications put a significant hardship on the business and they will also have to prove what that hardship is.

I am also very well cognizant and aware of ADA accommodations since I have a disabled brother in law. At this point in time, you are not being reasonable. They currently do not have the technology to accommodate your demand. They have told you this. Therefore your demand to have that, specific, accommodation right this minute is completely unreasonable. You need to allow them the necessary research to determine/evaluate whether or not they can accommodate you in the long term. You have to cooperate with that.

 

[Taxing Matters]

Bear in mind that under the ADA the school does not have to provide you with the specific accommodation you request. If there is a way that the school can accomodate your disabilityin some other way and offers that, then it has met its responsibility. So you are jumping the gun here. By a lot. Just rejecting your requested accommodation is not enough to make a case for you. It must also refuse to provide any other reasonable accomodation that it can do that may allow you access to the program you want. This is not a situation where you can say they must do it your way and only your way. The ADA was designed around the premise that the parties would engage in a back and forth discussion of your disabilities and what methods the school, employer, etc can reasonably do to accommodate it. If there is more than one way to accommodate it, the school doesn't have to go with your perferred choice. So long as the proposed accommodation adequately addresses your needs, the school has met its obligation.

 

[Zigner]

on 12/13 you agreed to allow a phone call to discuss the matter. That blows your "need" for video calls out of the water (IMHO).

 

[quincy]

I still am curious about what changed between the time of Miah102’s enrollment in school and now. The timing of his/her request for accommodations seems odd to me ... unless there was never before a need for a meeting with a staff member. I am also curious why the Accessibility Center has not been involved previously.