Lawyer for Accommodations in College?

[Anonymous]

Anonymous wrote:The way some universities write up the requirement for mandatory housing is to state is is an integral part of their education and a reasonable accommodation is to offer whatever a student with a disability needs in campus housing.

Here is what Vanderbilt says:

Vanderbilt University is a residential campus for undergraduates and the residential experience is understood to be an integral part of a Vanderbilt education. This commitment to residential education is clearly expressed in the University’s residential requirement:

“All unmarried undergraduate students must live in residence halls on campus during the academic year, May session, and Summer sessions. Authorization to live elsewhere is granted at the discretion of the Director of Housing Assignments in special situations or when space is unavailable on campus.” (Student Handbook)

Housing and Residential Experience partners with Student Access (SA) to ensure consistency in evaluating requests for reasonable accommodation in housing. Students with physical, psychological, or other disability-related limitations who would like to be considered for reasonable accommodations under the Americans with Disabilities Act of 1990 and/or Section 504 of the Rehabilitation Act of 1973, will need to submit a request to Student Access via the Commodore Access Portal. Student Access will review all ADA requests and share approved student accommodations with Housing Assignments. Students with approved ADA accommodations will be offered a housing assignment that meets the documented and approved need, as determined by SA. The SA website provides information for students regarding reasonable accommodations, documentation guidelines, and other information about the office.

Like many things legal, this policy says both - "living on campus is integral so we will accommodate your disability" and (implied no exemption) and "we will make exemptions in special situations" (which implies that there are some special situations that can't be accommodated on campus).

[Anonymous]

Anonymous wrote:

Anonymous wrote:The way some universities write up the requirement for mandatory housing is to state is is an integral part of their education and a reasonable accommodation is to offer whatever a student with a disability needs in campus housing.

Here is what Vanderbilt says:

Vanderbilt University is a residential campus for undergraduates and the residential experience is understood to be an integral part of a Vanderbilt education. This commitment to residential education is clearly expressed in the University’s residential requirement:

“All unmarried undergraduate students must live in residence halls on campus during the academic year, May session, and Summer sessions. Authorization to live elsewhere is granted at the discretion of the Director of Housing Assignments in special situations or when space is unavailable on campus.” (Student Handbook)

Housing and Residential Experience partners with Student Access (SA) to ensure consistency in evaluating requests for reasonable accommodation in housing. Students with physical, psychological, or other disability-related limitations who would like to be considered for reasonable accommodations under the Americans with Disabilities Act of 1990 and/or Section 504 of the Rehabilitation Act of 1973, will need to submit a request to Student Access via the Commodore Access Portal. Student Access will review all ADA requests and share approved student accommodations with Housing Assignments. Students with approved ADA accommodations will be offered a housing assignment that meets the documented and approved need, as determined by SA. The SA website provides information for students regarding reasonable accommodations, documentation guidelines, and other information about the office.

Like many things legal, this policy says both - "living on campus is integral so we will accommodate your disability" and (implied no exemption) and "we will make exemptions in special situations" (which implies that there are some special situations that can't be accommodated on campus).

If it says both, is it fair to assume that the special circumstances take priority? I.e., Could it be read as “the residential experience is important and preferable, but is not possible in all situations”?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How can depression be tied to on campus living when he hasn't done it before? Why not try it and see how it goes?

<sigh> Clearly, the issue is related to OP's DS' need for a private bathroom.

Wants and needs are different

Says the person who hasn't had to deal with issues like this.

(Cue: "Oh, yes, I have!" 🙄 )

[Anonymous]

Anonymous wrote:Focus on the current disability. There aren't reasonable accommodations for "might get depressed." They only are going to have to discuss a current dx, not a potential one.

Sounds to me like the current diagnosis is depression/anxiety as a result of some other diagnosis.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Focus on the current disability. There aren't reasonable accommodations for "might get depressed." They only are going to have to discuss a current dx, not a potential one.

Sounds to me like the current diagnosis is depression/anxiety as a result of some other diagnosis.

I don’t think this is so clear. OP says that her child has anxiety and depression due to required on campus living but if he’s in school then he might not need the accommodation and if he’s not yet in school but will start then he might not yet have anxiety and depression.

I don’t think it matters though. I think it’s a seriously complicated matter and would benefit from legal counsel. I also think it’s unfortunate that with medical documentation the school will not provide an accommodation.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Focus on the current disability. There aren't reasonable accommodations for "might get depressed." They only are going to have to discuss a current dx, not a potential one.

Sounds to me like the current diagnosis is depression/anxiety as a result of some other diagnosis.

I don’t think this is so clear. OP says that her child has anxiety and depression due to required on campus living but if he’s in school then he might not need the accommodation and if he’s not yet in school but will start then he might not yet have anxiety and depression.

I don’t think it matters though. I think it’s a seriously complicated matter and would benefit from legal counsel. I also think it’s unfortunate that with medical documentation the school will not provide an accommodation.

OP here — sorry for confusion but the above comment was essentially right. He had a major unexpected physical health event and developed mental effects as well. He has lived in the dorms but the prospect of returning is causing significant stress.

[Anonymous]

OP, what is your financial situation and what year is your kid?

If he is allowed to live off campus as a senior and will be a junior in the fall, and you can afford it, it might be easier and possibly even cheaper to just let him have a dorm room as well as a place off campus. Hiring a lawyer will cost money. That money could be used to pay for a place off campus.

They can't FORCE him to live on campus. He could just set up his bed and some stuff in the dorm room and then mostly live in the off campus place. He might like having an option to have a place on campus to crash sometimes.

[Anonymous]

Anonymous wrote:OP, what is your financial situation and what year is your kid?

If he is allowed to live off campus as a senior and will be a junior in the fall, and you can afford it, it might be easier and possibly even cheaper to just let him have a dorm room as well as a place off campus. Hiring a lawyer will cost money. That money could be used to pay for a place off campus.

They can't FORCE him to live on campus. He could just set up his bed and some stuff in the dorm room and then mostly live in the off campus place. He might like having an option to have a place on campus to crash sometimes.

Hi— hoping it does not come to this, but certainly an option he is considering. Thanks for your suggestion.

[Anonymous]

Anonymous wrote:Are you sure that being alone off campus won’t be MORE likely to cause depression?

This. The reason schools mandate on campus housing and meal plans for 1st year students is to get them to socialize, meet other kids and acclimate to their new environment. Sending a kid off-campus opens up accusations of not-supporting student life.