Settlement reached in Quinnipiac University case
The case of a student placed on mandatory medical leave from college after seeking mental health counseling has reached a settlement agreement after a three year process.
In December, Quinnipiac University, a private school located in Hamden, Conn., agreed to a settlement agreement with the U.S. Department of Justice and the U.S. Attorney’s Office regarding a complaint filed by a former student alleging that the school violated her rights under the Americans with Disabilities Act.
The school, which admits no wrongdoing, has agreed to pay the student $17,000 for emotional compensation and another $15,126 to cover tuition payments that were not refunded with her removal from school.
The case involves a student, who did not respond to a request for an interview by this publication, who visited the school’s counseling center a few months into her freshman year in 2011. She was referred to a local hospital and, upon release, was informed that she needed to be evaluated by a psychiatrist before returning to campus. The psychiatrist determined that she was not fit to attend class and she was placed on mandatory medical leave without reimbursement of any tuition paid.
The student’s mother contacted the state’s Office for Protection and Advocacy for Persons with Disabilities (OPA) shortly thereafter. The lead attorneys on the case explained that, after interviewing the student, they felt it was important to file a claim.
“A complaint was then dual-filed with the Department of Justice and investigated by the Connecticut U.S. Attorney’s Office,” said Nancy Alisberg, managing attorney for OPA. “We were concerned about the policies of the university with respect to a student with mental illness, policies that would make it difficult to seek services because of a fear that if you do seek services, you could end up being kicked out of school.”
The U.S. Attorney’s Office, District of Connecticut, found that the school discriminated against the student by failing to first look at options for her to continue attending class either as an off-campus student or via an online system. The government alleges that the university violated Title III of the Americans with Disabilities Act.
Quinnipiac University, in both the settlement agreement and in a statement, denied any wrongdoing in the case.
“The university is in full compliance with the requirements of the Americans With Disabilities Act. In fact, our ADA standards exceed those of most academic institutions,” said Lynn Bushnell, vice president for public affairs. “Out of respect for the confidentiality of the student involved, we will not comment further on this case. We regret that a government agency did not show similar respect for the student and circulated this press release without ever contacting us.”
The school’s representatives did not answer specific questions about their mandatory medical leave policy and how it is applied to mental health and physical health cases.
“The concern,” said Colin Milne, a staff attorney with OPA, “is that students with psychological distress or mental illness are typically stigmatized and stereotyped to be threats to themselves or others. In the Quinnipiac case, there were very different standards for students with physical diseases or illness as opposed to students with psychological disease. The conditions for readmission for physical illness or injury are not as onerous as for students with mental illness.”
As part of the settlement, the school agreed to draft a non-discrimination policy and provide staff training on Title III of the ADA with a focus on mental health concerns.