Involuntary Medical Leave of Abscence and Direct Threat

[MentalHealthInCollege]

I attend a private 4 year university in MA. I completed three years of education at this institution but was required to take an involuntary medical leave of absence over the summer (this is when they decided to do it). This is because they believe me to be inflicting emotional distress on one of their professors (they would later claim that I am romantically interested in this professor and have been stalking her - despite this accusation they have never once discussed anything regarding Title IX). Originally, they were fine with instituting a University Stay Away Order against me towards this Professor (she has filed two reports with Campus PD, however, I was never informed of these until much later.) however, they have repeatedly tried to expand this to entire buildings without cause. This professor used to spend a significant amount of time with me and considered herself my mentor, however, she apparently began to felt threatened because I "spent too much time with her" and discussed personal matters with her (she also discussed many personal matters with me) that were inappropriate (defined as family, personal interests like hobbies, requests to get lunch together at the dining hall).

I am causing severe The original decision allowed for the possibility of returning for the Fall semester based on the following:
-Undergo a forensic psychological assessment
-Follow any treatment recommendations that the psychologist requires prior to the Fall

This evaluation went by with no issue.
-My overall risk assessment was mild with 0 history or indication of physical violence
-I have autism which can result in my conversations being friendlier than what would be considered normal
-The police reports filed by this professor (I haven't been able to view) were inconsistent with her previous interactions with me and these interactions were ultimately encouraged by her
-Suggestion was for my immediate return and anything else would likely cause psychological/emotional harm

They denied the request to return based on the following:
-Allegations of rudeness (such as asking repetitive questions)
-Belief that I am a danger to this professor by causing them distress by being present and/or potentially trying to communicate with her
-The treatment that the psychologist brings up are intensive (they are not) and were obviously meant to be completed prior to return

They also explicitly refused to consider accommodations, but would make an exception to their policy and allow me to take classes at a different school for credit at their institution while on leave.

Later on they tried to imply that this professor had never willingly engaged in any sort of relationship with me and that all of my interactions with her caused her severe distress. This is bizarre as I clearly didn't force her to schedule meetings with me.

My question is to whether or not they are applying direct threat correctly. Would the idea that my social interactions (while considered inappropriate due to their more personal/friendly nature do not cross into harassment or anything otherwise prohibited) and or presence constitute a direct threat due to a "high probability" of causing someone else distress?

 

[not2cleverRed]

I attend a private 4 year university in MA. I completed three years of education at this institution but was required to take an involuntary medical leave of absence over the summer (this is when they decided to do it). This is because they believe me to be inflicting emotional distress on one of their professors (they would later claim that I am romantically interested in this professor and have been stalking her - despite this accusation they have never once discussed anything regarding Title IX). Originally, they were fine with instituting a University Stay Away Order against me towards this Professor (she has filed two reports with Campus PD, however, I was never informed of these until much later.) however, they have repeatedly tried to expand this to entire buildings without cause. This professor used to spend a significant amount of time with me and considered herself my mentor, however, she apparently began to felt threatened because I "spent too much time with her" and discussed personal matters with her (she also discussed many personal matters with me) that were inappropriate (defined as family, personal interests like hobbies, requests to get lunch together at the dining hall).

I am causing severe The original decision allowed for the possibility of returning for the Fall semester based on the following:
-Undergo a forensic psychological assessment
-Follow any treatment recommendations that the psychologist requires prior to the Fall

This evaluation went by with no issue.
-My overall risk assessment was mild with 0 history or indication of physical violence
-I have autism which can result in my conversations being friendlier than what would be considered normal
-The police reports filed by this professor (I haven't been able to view) were inconsistent with her previous interactions with me and these interactions were ultimately encouraged by her
-Suggestion was for my immediate return and anything else would likely cause psychological/emotional harm

They denied the request to return based on the following:
-Allegations of rudeness (such as asking repetitive questions)
-Belief that I am a danger to this professor by causing them distress by being present and/or potentially trying to communicate with her
-The treatment that the psychologist brings up are intensive (they are not) and were obviously meant to be completed prior to return

They also explicitly refused to consider accommodations, but would make an exception to their policy and allow me to take classes at a different school for credit at their institution while on leave.

Later on they tried to imply that this professor had never willingly engaged in any sort of relationship with me and that all of my interactions with her caused her severe distress. This is bizarre as I clearly didn't force her to schedule meetings with me.

My question is to whether or not they are applying direct threat correctly. Would the idea that my social interactions (while considered inappropriate due to their more personal/friendly nature do not cross into harassment or anything otherwise prohibited) and or presence constitute a direct threat due to a "high probability" of causing someone else distress?

You are on the autism spectrum.

That means that you should accept that your understanding of acceptable behavior may be different from someone who is (more) NT.

Therefore, you may indeed be coming across as rude and threatening - without realizing it.

It is very rare, I think, for an instructor or professor to take this route. I know that I did not take such actions when a student was insisting on having a Bowie knife out during a lecture. I also did not make a fuss when a student came into class after Columbine massacre, wearing a trench coat and joking about the Trench Coat Mafia. The student who stalked me got a stay away order, with a threat of suspension.

It is not useful, therefore, to focus on the rationality of the other party's actions.

Focus on what you have to do in order to graduate. Take the classes at another institution.

If they are asking that you get some course of treatment before returning to campus, then do so.

And by all means, avoid the professor.

 

[MentalHealthInCollege]

You are on the autism spectrum.

That means that you should accept that your understanding of acceptable behavior may be different from someone who is (more) NT.

Therefore, you may indeed be coming across as rude and threatening - without realizing it.

It is very rare, I think, for an instructor or professor to take this route. I know that I did not take such actions when a student was insisting on having a Bowie knife out during a lecture. I also did not make a fuss when a student came into class after Columbine massacre, wearing a trench coat and joking about the Trench Coat Mafia. The student who stalked me got a stay away order, with a threat of suspension.

It is not useful, therefore, to focus on the rationality of the other party's actions.

Focus on what you have to do in order to graduate. Take the classes at another institution.

If they are asking that you get some course of treatment before returning to campus, then do so.

And by all means, avoid the professor.

So I thought this forum was for legal advice.

I'm not trying to focus on the irrationally of this professor, I mention it because all third party evaluators have pointed out that this professor's actions have been irrational. It serves to further bring the main issue into attention, that is the fact that the actions taken against me may qualify as discriminatory. The question of direct threat comes up because the question of how does the ADA and Section 504 fit in to this situation is present. Forcing me to go to another institution because people are uncomfortable (this is the more correct term for what they feel as opposed to threatened) interacting with me is discrimination unless I pose a direct threat. Typically this threat assessment has to be based on medical evidence, but for some reason they just decided to ignore the medical professionals opinion.

You don't seem to understand the purpose of a forensic psychological assessment. It is to evaluate risk - again I was deemed as having the same risk as every other member of the general population, I was even called a generally kind person by the evaluator who again reviewed every single document this professor has submitted about me. I am not the only one looking at my actions, clinical psychologists have reviewed them and gave the professional opinion that they are non-threatening, they just a bit odd or slightly annoying and it mainly depends on how the other person chooses to perceive these actions.

I do receive treatment for my disability, again the behaviorally specialist I see calls the schools actions are horrible and generally doesn't see the purpose of keeping me off campus. However, from what I've read, the school can't legally require I get treatment unless I actually constitute a direct threat.

Again the purpose of this post was to ascertain whether or not their argument of what constitutes a direct threat would hold any weight if I coughed up the money to bring this to court. I've already reported the situation to the Office of Civil Rights and they have begun their investigation of the university, however, from what I've read this process can take a while. I graduate in less than 5 months, but I was unable to get the classes I wanted to take because they are specific to the school I am meant to receive my degree from. I am unable to continue my club and research positions (one of which was given to me based on this professor's recommendation).

 

[Zigner]

... people are uncomfortable (this is the more correct term for what they feel as opposed to threatened) ...

How presumptuous of you.

 

[not2cleverRed]

So I thought this forum was for legal advice.

I'm not trying to focus on the irrationally of this professor, I mention it because all third party evaluators have pointed out that this professor's actions have been irrational. It serves to further bring the main issue into attention, that is the fact that the actions taken against me may qualify as discriminatory. The question of direct threat comes up because the question of how does the ADA and Section 504 fit in to this situation is present. Forcing me to go to another institution because people are uncomfortable (this is the more correct term for what they feel as opposed to threatened) interacting with me is discrimination unless I pose a direct threat. Typically this threat assessment has to be based on medical evidence, but for some reason they just decided to ignore the medical professionals opinion.

You don't seem to understand the purpose of a forensic psychological assessment. It is to evaluate risk - again I was deemed as having the same risk as every other member of the general population, I was even called a generally kind person by the evaluator who again reviewed every single document this professor has submitted about me. I am not the only one looking at my actions, clinical psychologists have reviewed them and gave the professional opinion that they are non-threatening, they just a bit odd or slightly annoying and it mainly depends on how the other person chooses to perceive these actions.

I do receive treatment for my disability, again the behaviorally specialist I see calls the schools actions are horrible and generally doesn't see the purpose of keeping me off campus. However, from what I've read, the school can't legally require I get treatment unless I actually constitute a direct threat.

Again the purpose of this post was to ascertain whether or not their argument of what constitutes a direct threat would hold any weight if I coughed up the money to bring this to court. I've already reported the situation to the Office of Civil Rights and they have begun their investigation of the university, however, from what I've read this process can take a while. I graduate in less than 5 months, but I was unable to get the classes I wanted to take because they are specific to the school I am meant to receive my degree from. I am unable to continue my club and research positions (one of which was given to me based on this professor's recommendation).

My legal advice is to do what you have to get your degree, and accept that you don't have a legal leg to stand on in a lawsuit.
My educational advice (bonus) is that you have to realize that you are in grave danger of not graduating at all. You are not going to get letters of recommendation from your academic department at this institution, other than to confirm that you went there and took some courses. You need to take some courses at another school, not only to complete your degree requirements, but so that you have references.

My legal advice is to consult a lawyer, not psychologist or psychiatrist for your legal questions. If the lawyer is not interested in taking your case on a contingency basis, then the lawyer believes that s/he cannot win the case.

My legal observation is that you have to accept the following statement: although the university can't "force" you to get treatment, the university can "require" that you complete treatment in order to get back in good standing. The university has indicated to you that you are in violation of their code of conduct - a code that you agreed to abide by when you committed to matriculating at their institution. They don't have to take you back. They have more money and more lawyers than you.

You are not being discriminated against based on your position on the autism spectrum.
A faculty member has stated that she feels threatened by you. And yes, "uncomfortable" does mean that she feels threatened, not that she finds you a bit awkward. She's an academic. She's had to interact with plenty of the Sheldons of the world at university functions and academic conferences. And yet, you have been singled out. Move on.

 

[MentalHealthInCollege]

My legal advice is to do what you have to get your degree, and accept that you don't have a legal leg to stand on in a lawsuit.

My legal observation is that you have to accept the following statement: although the university can't "force" you to get treatment, the university can "require" that you complete treatment in order to get back in good standing. The university has indicated to you that you are in violation of their code of conduct - a code that you agreed to abide by when you committed to matriculating at their institution. They don't have to take you back. They have more money and more lawyers than you.

You are not being discriminated against based on your position on the autism spectrum.
A faculty member has stated that she feels threatened by you. And yes, "uncomfortable" does mean that she feels threatened, not that she finds you a bit awkward. She's an academic. She's had to interact with plenty of the Sheldons of the world at university functions and academic conferences. And yet, you have been singled out. Move on.

Except that this is an Involuntary Medical Leave and has never once been considered a code of conduct violation. The university doesn't have absolute power due to their code of conduct anyways, they still have to abide by federal laws ie ADA and Section 504 because they receive federal funding.

Your statement that the University can require treatment is again something I already address. They legally (because otherwise it is discriminatory) can't unless it can be shown the student constitutes a direct threat. What you suggest is the very definition of disparate treatment.

She feels "threatened" because of symptoms of a neurodevelopmental disability. By the Office of Civil Rights, the typical procedure is to base these decisions on objective or medical evidence. They don't have that.

Move on? I'm trying to get legal advice. You're the one wasting time by spouting off stuff that is blatantly inaccurate and irrelevant to the matter being discussed. You don't know the full situation because it's too complex for me to post, I gave what I thought was enough background to answer the main question I had which has been completely ignored.

PS. Her entire career as a professor has lasted a grand total of 3 years and has been limited to teaching a general class. Stop projecting.

 

[Zigner]

Except that this is an Involuntary Medical Leave and has never once been considered a code of conduct violation. The university doesn't have absolute power due to their code of conduct anyways, they still have to abide by federal laws ie ADA and Section 504 because they receive federal funding.

Your statement that the University can require treatment is again something I already address. They legally (because otherwise it is discriminatory) can't unless it can be shown the student constitutes a direct threat. What you suggest is the very definition of disparate treatment.

She feels "threatened" because of symptoms of a neurodevelopmental disability. By the Office of Civil Rights, the typical procedure is to base these decisions on objective or medical evidence. They don't have that.

Move on? I'm trying to get legal advice. You're the one wasting time by spouting off stuff that is blatantly inaccurate and irrelevant to the matter being discussed. You don't know the full situation because it's too complex for me to post, I gave what I thought was enough background to answer the main question I had which has been completely ignored.

PS. Her entire career as a professor has lasted a grand total of 3 years and has been limited to teaching a general class. Stop projecting.

I'm sorry, but there is nothing that this forum will be able to help you with. You should seek the assistance of a local attorney. Best of luck to you.

 

[stealth2]

You don't know the full situation because it's too complex for me to post, I gave what I thought was enough background to answer the main question I had which has been completely ignored.

You should likely speak with a local attorney, sooner rather than later - one to whom you can lay out all of the complexities you cannot post here. But understand that you will quite likely not graduate this coming Spring.

Best of luck.