Can a College Expel a Student Due to a Physical Disability? A Personal Account
Navigating the complexities of education can be especially challenging for students with disabilities. One young woman, 20 years old, shared her experience as she faced a troubling situation at her community college due to her condition, Osteogenesis Imperfecta, commonly known as Brittle Bone Disease. This rare condition leaves her bones fragile and susceptible to fractures, which makes her academic pursuit particularly arduous.
Currently enrolled in a Veterinary program, she has been grappling with specific challenges presented by required tasks—one notably being the three-hour “kennel cleaning” sessions held every other week. While this hands-on experience is vital for students in the veterinary field, it comes with significant risks for someone with her medical background.
Recognizing the potential hazards, she reached out to her college’s disability services seeking accommodations. Specifically, she requested a small fall mat to use while cleaning the kennels—a request that was unfortunately denied. Thus, she continued to fulfill her requirements under the program despite the dangers involved.
The Breaking Point
After a recent kennel cleaning session, tragedy struck; she suffered a fracture in her spine. Subsequently, she approached disability services once more, requesting to be excused from the next cleaning session due to her injury. However, during this meeting, the Dean intervened in a manner that left her stunned. Despite acknowledging her evident passion for her program, the Dean insisted she needed to leave the college permanently, with no option for readmission.
In her efforts to understand the situation better, she referenced the Americans with Disabilities Act (ADA) and proposed switching majors as an alternative. Yet, the administration remained unyielding, effectively barring her from completing her education.
The Question on Everyone’s Mind: Is This Legal?
This scenario raises critical questions about the legality of her expulsion. With a clean academic and behavioral record and no prior warnings or signed liability agreements, her situation appears alarmingly unjust.
Next Steps and Future Prospects
As her situation unfolds, she has faced a lack of communication from the college, including her professors and disability services, leaving her unsure of her academic standing and future. Fortunately, there have been some silver linings. She received an unpaid internship offer from a local veterinary office, allowing her to gain practical experience, albeit in a risky field given her condition. Additionally, another clinic offered her a shadowing opportunity—though this is contingent on her obtaining a driver’s license, which she currently does not have.
To ensure she continues her education, she is now applying to nearby community colleges to obtain her associate’s degree, all while navigating her path in the veterinary field and potentially exploring a backup career in animal research.
Her situation shines a light on the complexities surrounding disability rights in educational settings and emphasizes the importance of support systems for students facing similar challenges. We appreciate any insights or advice regarding this matter and wish her the best in her journey towards achieving her goals despite the hurdles she faces.
Thank you for your support and encouragement!
I’m truly sorry to hear about your friend’s difficult situation; it sounds incredibly challenging. Let’s break down the complexities of her experience, particularly the legal aspects tied to disability rights in academic institutions and what steps she can consider moving forward.
Legal Considerations
Under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, your friend is protected against discrimination based on her disability. Colleges and universities are required to provide reasonable accommodations to students with disabilities, allowing them to participate fully in their programs and meet educational requirements without undue hardship.
1. Reasonable Accommodations: The denial of her request for a fall mat seems questionable, particularly since it could have mitigated her risk during kennel cleaning. It is critical for institutions to engage in an interactive process to determine reasonable accommodations that do not fundamentally alter the nature of the program. If the college merely dismissed her request without adequate consideration, they might be in violation of her rights under the ADA.
2. Expulsion Due to Disability: Expelling a student solely based on their disability, especially without documented behavioral or academic issues, raises significant legal concerns. The conversation around her need to leave, particularly given her expression of passion for her field, could also be perceived as discriminatory.
Next Steps for Your Friend
Given her situation, here are some practical steps she might consider:
1. Document Everything: Encourage her to keep detailed records of all interactions with college officials, including dates, times, and the content of the conversations. This documentation can be crucial for any potential legal proceedings.
2. Contact an Advocacy Group: Organizations such as the National Disability Rights Network and local legal aid clinics can provide free legal advice and support for students facing discrimination. They can help her understand her rights and the best course of action.
3. File a Complaint: If her college is not responsive, she may consider filing a complaint with the Office for Civil Rights (OCR) within the Department of Education. This office can investigate claims of discrimination against students with disabilities.
4. Explore Alternate Programs: Given her interest in veterinary studies, researching other community colleges that are more accommodating might be a beneficial next step. Some institutions may offer more adaptable programs that would provide her with the chance to continue her studies without compromising her health.
5. Pursue Emotional and Physical Health: It’s vital for her to seek emotional support during this time, whether through counseling services, peer support groups, or online communities focused on chronic illness and disability. Additionally, ensuring she receives the appropriate medical support for her fractures is essential.
6. Gain Experience Through Internships: The unpaid internship opportunity at the local vet is a positive avenue for experience, and it might help build her credentials while navigating this challenging situation. It can also provide insights regarding what specific roles might accommodate her disability while allowing her to stay aligned with her career aspirations.
Reflecting on Future Career Options
With alternative career pathways like animal research, she has options to explore alongside continuing her veterinary interests. It might also be worthwhile to seek out certification programs or bachelor’s degree options that offer more flexibility in terms of physical demands.
Above all, your friend’s determination is a significant asset, and with the right support and legal guidance, she can navigate this challenging juncture. Encourage her to reach out for assistance and know that many navigate these waters, emerging stronger and more resilient.