Quinnipiac Student Receives 17,000 for Mental Distress

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A former Quinnipiac University student who was placed on a mandatory medical leave after she sought help for depression will receive $17,000 to compensate for distress and $15,126 to cover tuition costs in a settlement reached by the U.S. Department of Justice and the university.

The student, who asked that she not be identified, told The Courant she was pleased with the settlement, announced Monday, and that she hopes it will encourage students to come forward if they need to get mental health help.

"They shouldn't be discouraged to get help if they need it," said the young woman, who is now a junior at another four-year university. "I don't want them to be fearful of being able to express themselves, to be able to get the help they need. This shouldn't happen to any other student."

The matter stems from a complaint filed in March 2012 with the U.S. Attorney's Office that charged that Quinnipiac had violated the Americans with Disabilities Act when it placed the student on mandatory medical leave in fall 2011. It said the school did not consider options that would have allowed the student to continue at the school. The complainant also alleged that after she was removed from the university, the school wouldn't refund her tuition.

Quinnipiac denied the allegations, but the settlement says the government found that the university discriminated against the student because of her depression.

"Specifically," the settlement continues, "Quinnipiac University failed to consider modifying its mandatory medical leave policy to permit the complainant to complete her course work while living off campus by attending classes either online or in person."

Besides the payments to the student for emotional distress and the payment for the student's lost semester, Quinnipiac agreed to implement a policy stating that it will not discriminate against applicants or students on the basis of disability, including persons with mental health disabilities, the settlement said.

And the settlement said the university agreed to examine what modifications it can make to allow students with mental health disabilities to continue to participate in educational programs and attend classes while seeking treatment for mental health conditions. Quinnipiac has also agreed to provide training for staff on mental-health-related disability discrimination, the settlement says.

"Quinnipiac removed this student from the university at a very vulnerable time in her life, and saddled her with a large student loan payment," said U.S. Attorney Deirdre M. Daly. "Instead of removing students from school, educational institutions must be equipped to manage and educate students who recognize, disclose and are treating their mental health disabilities. We're pleased that Quinnipiac has settled this matter, compensated the complainant and will implement a nondiscrimination policy to help prevent this ADA violation from occurring in the future."

Acting Assistant Attorney General Vanita Gupta said that under the ADA, "universities like Quinnipiac cannot apply blanket policies that result in unnecessary exclusion of students with disabilities if reasonable modifications would permit continued participation; in many cases, such modifications can be as simple as allowing a student to complete coursework on a modified schedule."

Lynn Bushnell, Quinnipiac's vice president for public affairs, said in a statement, "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. Out of respect for the confidentiality of the student involved, we will not comment further on this case."

The student, who spoke to the Courant on Monday, said her problems began in fall 2011 when, as a freshman, she sought help from the school's mental health counseling offices. It was October, the student said, and she was having trouble with the transition to college.

"I think every freshman has days when they are just like shell-shocked," the young woman said. "I thought it was better to see someone than to be stressed by myself. My mother told me people were here and I could go there and I could talk to them."

But the student believes the counselor took her words out of context, overreacted and considered her to be danger to herself.

The student said she was packed off in an ambulance and sent to St. Raphael's Hospital in New Haven. Before she left, she said, she was handed a couple of envelopes that she didn't immediately open.

Her mother joined her at the hospital where she was assessed and released, but when she opened the envelopes, she discovered statements from the university that said she couldn't return to campus until she was assessed by a university-designated psychiatrist.

Colin Milne, a staff attorney with the state's Office for Protection and Advocacy for Persons with Disabilities, which filed the complaint on behalf of the student, said, "St. Raphael released the student, but the student was barred from campus."

"I was really shocked and hurt," the student said. "I didn't understand why I couldn't go back to my room to get my stuff. Why was I considered such a danger when the hospital was letting me out? I felt kind of stupid and kind of like a failure. I felt like I had just ruined my entire life in one day."

Her mother went to her room and collected her belongings. A few days later, a university-appointed psychiatrist assessed her and the university informed her that she could not return. The student said she was also told that her tuition for the semester would not be refunded.

The student said her home was not far from campus so she and her mother asked if she might be allowed to continue the semester commuting from home or by taking online classes, but her request was turned down.

She eventually enrolled in another university and sought out help from the state's Office of Protection and Advocacy because she wanted to prevent others from having the same experience.

"It's not fair to these students out there who go to get help and are basically punished for it," she said. "That's how I felt. I felt punished for going to talk and get help. No student should have to feel that way."

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Kathleen Megan, QUINNIPIAC AGREES TO ADA CASE SETTLEMENT; STUDENT REMOVED AFTER SEEKING AID; MENTAL HEALTH DISABILITIES, Hartford Courant  at 5 (Jan. 13, 2015)