PhD not being allowed to graduate, ADA violation

[anearthw]

Does the university believe, due to this 3rd party report, that you are a danger to others on campus?

You've made a few statements which suggest that you are not being denied due to your disability, you are being denied due to safety concerns for others on campus. It appears the university is asking for you to see a mental health professional who can state you are NOT a safety threat to others.

This is not the same as being denied registration due to suspected depression. Lots of university students suffer from mild to severe clinical depression, why do you feel they are singling you out?

Since this is a Psychology PhD program, are there concerns that your current mental health state could be detrimental to any patients you are required to work with in order to complete your studies?

 

[tranquility]

Let's face it, there are a TON of facts missing here. Most would recognize (depending on the specific college and the level of contact with the student) that colleges must use reasonable care to prevent injury to their students by third parties no matter if from accident, negligence or intentional acts. We also know that colleges can deal with students who represent a "direct threat"-- a significant risk of causing substantial harm to the health or safety of the student or others that cannot be eliminated or reduced to an acceptable level through the provision of a reasonable accommodation.

It seems from the tone and tenor of the OP's comments that the college received some information that caused them do be concerned. Is that concern reasonable? Maybe, maybe not. We don't know as we don't know the qualifications of the person making the communication or what was communicated. What we do know is that the person being suspected of....something...feels it unnecessary to deal with the issue by using his administrative remedies or supplying ANY proof he is emotionally stable. ("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." among others.)

Because of the difficulties brought about from the conflicts between the duties to protect yet not discriminate, most colleges of any size have set up threat assessment teams that take information about students into consideration and determine what reasonable steps need to be taken. Here, the college has determined the reasonable steps they will take. The OP is not cooperating at all. What possible recourse does the college have?

 

[OHRoadwarrior]

justalayman,

You are missing the point that the term "perceived disability" is not limited to that perception being on the part of the person supposedly disabled. It also applies to someone not disabled for whom the perception is being pushed onto erroneously.

"SEC. 3. DEFINITION OF DISABILITY. "As used in this Act:

"(1) Disability.--The term `disability' means, with respect to an individual--

"(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;

"(B) a record of such an impairment; or

"(C) being regarded as having such an impairment (as described in paragraph (3)).
****************************......

"(3) Regarded as having such an impairment.--For purposes of paragraph (1)(C):

"(A) An individual meets the requirement of `being regarded as having such an impairment' if the individual establishes that he or she has been subjected to an action prohibited under this Act because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

 

[justalayman]

justalayman,

You are missing the point that the term "perceived disability" is not limited to that perception being on the part of the person supposedly disabled. It also applies to someone not disabled for whom the perception is being pushed onto erroneously.

No, I'm not. I had posted exactly what you did although it got deleted. I spoke to both parties positions.




You are making "being depressed" into "he has clinical depression". That is why I said; if they believe he is depressed (sad), it does not mean they perceive him as having depression.The OP is not clear if he has been diagnosed with clinical depression or is simply depressed. They are two very different issues. Everybody gets depressed at some time. Not everybody has depression. One is an emotion and an adjective, the other a medical malady and a noun.

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.

being severely depressed is not stating they perceive him as having depression. They said:

stated that I am severely depressed

. Given the OP's education and claimed intelligence, I must accept the OP is using the proper terminology to describe the situation.