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Disabilities Law / Students with Mental Disorders
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Disabilities Law / Students with Mental Disorders    1994

94.11 Section 504 and the ADA apply to obesity, 182

94.49 Creativity and mood disorders, 239

94.51 Mental disorders and violence [Post Office cases; difficulty of predicting future violence;reasonable accommodation required in limited circumstances], 243

94.58 Disability-related inquiries under the ADA, 254

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Disabilities Law / Students with Mental Disorders     1995

95.4 Balancing rights and obligations [physician with AIDS may be required to show he does not posea threat of infecting others in the workplace], 319.

95.34 Predicting violence [slaying-suicide at Harvard University; "unconventional" people generallyhappier and healthier; suicide "factors" don't predict behavior of individuals; list of "risk factors"for violence] , 368.

95.36 Giving students time to search [Tolstoy, spiritual healing, and antidepressant drugs; helpingstudents learn a message from their symptoms], 371.

95.53 Challenging the ADA [a growing effort to modify the Act, mainly by applying a cost-benefitanalysis to pertinent regulations, and by narrowing the definition of protected disabilities], 394.

95.64 Personal accountability and the ADA; three Section 504/ADA cases hold that employees whoengage in illegal or dangerous behavior can be fired or demoted, even if there is a causalconnection between their behavior and a disability; a contrary holding in Teahan v. Metro- NorthCommuter R.R.; Karl Menninger on the need to reassert personal responsibility; the Seventh Circuitin Anderson v. University of Wisconsin held that the University did not violate the Rehabilitation Act when it refused to readmit an alcoholic student with a poorgrade point average who had "harassed and threatened his legal writing partner," 417.

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Disabilities Law / Students with Mental Disorders     1996

96.8 Determining reasonable accommodation under the ADA, [reasonable accommodation to bedetermined by good faith negotiation; disabilities must be made known in order to beaccommodated; employee must provide adequate information], 451.

96.13 Violence in the workplace [voluntary OSHA Guidelines for Preventing Workplace Violence forHealth Care and Social Service Workers; serious mental illness as a "risk factor" for violence;effective police techniques identified], 459.

96.16 Classroom disruption ["new" diversity on campus; troubled students should be held accountable;due process and classroom dismissals; practical advice to faculty members], 466.

96.28 The benefits and limits of confidentiality [Supreme Court applied psychotherapist-patientprivilege in federal courts, including treatment by clinical social workers; American PsychiatricAssociation guidelines on confidentiality; confidentiality not absolute; American PsychologicalAssociation statement on benefits of confidentiality; research on warnings issued after Tarasoff;Roberto Assagioli on the will as the Cinderella of modern psychology; a tort to induce violation ofconfidentiality], 499.

96.50 The duty to prevent suicide,[administrators not likely to be held liable if depressed or troubledstudents subsequently attempt or commit suicide; decision of the Supreme Court of Hawaii inPerreira v. Corregedore consistent with Donaldson v. YMCA 539 N.W. 2d 789, 792 (Minn.1995)], 557.

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Disabilities Law / Students with Mental Disorders     1997

97.7 Recent cases on the ADA and sexual harassment liability [courts reluctant to expand the ADAinto areas never contemplated by Congress; scope of supervisory liability for sexual harassmentor other violations of federal law limited], 574.

97.27 Psychiatric disabilities in the workplace, [excerpts from the EEOC "Enforcement Guidance"],623.

97.28 Psychiatric disabilities in the workplace, part II [primary aim of the ADA is to challengestereotypes; people with disabilities are not exempt from reasonable conduct standards; views ofpsychiatrist Kay Redfield Jamison on manic depression and creativity, 626].

97.33 The ADA does not protect threats of violence, [U.S. Court of Appeals for the Seventh Circuit heldin Marquita Palmer v. Circuit Court of Cook County that "it did not present an issue" under theADA for an employer to fire an employee for "unacceptable behavior," even if "that behavior was precipitated by a mental illness"], 638.

97.39 The Boston University case: reading past the headlines [excerpts from Gluckenberger et. al v.Boston University], 646.

97.40 Reading past the headlines in the Boston University case, part II [the essence of federal disabilitylaw is individualized assessment; verification and assessment are essential; students shouldhave the opportunity to fail; college curricula need assessment too; the danger of portrayingstudents with learning disabilities as wards of big government], 649.

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Disabilities Law / Students with Mental Disorders     1998

98.16 Insuring clinical competency [assessments of clinical competency are a matter of academicjudgment; courts defer to academic judgments; discipline should not be disguised as anacademic judgment; courts view promoting clinical competency as a moral duty], 720.

98.42 Defining the scope of the ADA [asymptomatic HIV can be a protected disability;"significant threat" defined; no compensatory damages without proof of intentionaldiscrimination; defendant must have notice of the plaintiff's disabling condition; learningdisability does not excuse plaintiff from academic integrity regulations; decision not toallow students with learning disabilities to substitute other courses for a foreign languagerequirement did not violate the ADA], 782.

98.43 Defining the scope of the ADA, part II [U.S. Civil Rights Commission critical of "misleading" newscoverage; employers won 92 percent of ADA cases decided by judges, and 86 percent of thecases resolved by the Equal Employment Opportunity Commission; court critical of "pricklystudent who is using federal law as a weapon;" special issues to address when considering ADAcoverage; when issues of misconduct arise, focus should be on the behavior, not the disability;interview with attorney Jeanne M. Kincaid], 785.

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Disabilities Law/Students with Mental Disorders  / 1999

99.6 Common sense and the ADA [in Montalvo v. Radcliffe the U. S. Court of Appeals for the Fourth Circuit held that the Americans with Disabilities Act did not require a martial arts school to admit an HIV-positive boy, since the boy's condition posed a significant risk to other students-and no reasonable modification could significantly reduce the risk without fundamentally altering the school's program. Related research on the ADA by Barbara Lee shows that employers prevailed on the merits in 79 percent of federal appellate cases], 822.

99.7 Academic standards and the ADA [in Kaltenberger v. Ohio College of Podiatric Medicine the U.S. Court of Appeals for the Sixth Circuit reiterated that "Courts must . . .give deference to professional academic judgments when evaluating . . . reasonable accommodation requirement[s]" under the ADA; commentary by disability specialist Marianne Karwacki: students with learning disabilities "need to be empowered, rather than rescued"], 825.

99.10 EEOC policy guidance on "reasonable accommodation" [SWR commentary: students with disabilities may be held accountable for disciplinary violations; First Circuit opinion on disciplinary codes as "an integral aspect of a productive learning environment"], 831.

99.27 Narrowing the scope of the ADA ["self-corrected" condition may not constitute a disability under the ADA; U.S. Supreme Court decision in Sutton v. United Airlines], 874.

99.28 Judicial limitations on the ADA [impairments must be "substantial"; case by case analysis required; "major life activities" must be affected; U.S. Supreme Court decision in Abertson's v. Kirkingburg], 877.

99.36 Planning for "reasonable accommodation" [In Wong v. Regents of California the U.S. Court of Appeals for Ninth Circuit held that the School of Medicine at the University of California at Davis failed to properly consider possible "reasonable accommodations" for a student with a learning disability], 895 .

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Disabilities Law/Students with Mental Disorders  / 2000

00.26 The limits of "paternalism" under the ADA [In Echazabel v. Chevron, the U.S. Court of Appeals for the Ninth Circuit held that the ADA gives people with disabilities a right to jeopardize their own health and safety, as long as the health and safety of others isn't put at risk; contrary state tort law likely preempted], 1002.

00.27 The limits of "paternalism" under the ADA, part II [Sixth Circuit decision in Doe v. Woodford County Board of Education contrasted with Ninth Circuit decision in Echazabel; pertinent OCR letter findings and "direct threat" analysis presented by OCR Chief Regional Attorney Paul Grossman at June 2000 NASPA program), 1005.

00.30 Responding to disruptive students: A case study, 1014.

00.42 Liability for suicide: Failure to notify parents of suicide threats, [In Jain v. State of Iowa the Supreme Court of Iowa held that no "special relationship" exists in the student/university relationship requiring a change in the general doctrine that third parties are not responsible for a person's decision to commit suicide], 1049.

00.43 Preventing suicide [Maryland appellate decision in Eisel v. Board of Education contrasted with Jain v. State of Iowa; data on youth suicide; new research on suicide prevention; danger of under reaction to suicide threats ], 1052.

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Disabilities Law/Students with Mental Disorders  / 2001

01.17 When should job search records be destroyed? [Title VII and ADA regulations requiring the retention of "all records pertaining to employment decisions for a period of two years."], 2000.

01.26 Questions and answers on classroom disruption, 2024.

01.47 Tim Brooks on "suicide: the aftermath." [Administrative responses after a suicide has occurred], 2057.

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Disabilities Law/Students with MentalDisorders  / 2002

02.4 Defining protected disabilities under the ADA [law and policy quiz; court in Swanson v. University of Cincinnati 268 F.3d 307 (6th Cir. 2001) explains andfollows Sutton v. United Airlines, 527 U.S. 471 (1999) (SWR 99.27, p. 874), in which the Supreme Court heldthat "if a person is taking measures to correct for, ormitigate, a physical or mental impairment, the effects of those measures both positive and negative - must betaken into account when judging whether that person is'substantially limited' in a major life activity." TheSupreme Court also interpreted "substantially limits" torequire that "a person be presently not potentially or hypothetically substantially limited in order to demonstrate a disability . . ."], 2076.

02.12 Student Suicide: A case study, 2092.

02.13 Student suicide: a case study, Part II [Causes and prevention of suicide], 2095.

02.14 Using the "WR" case study for student development programming [Suicide encompasses philosophical andspiritual issues (inquiries into broader meaning), as well as mental illness. Indeed, the absence of important"psychic protections" (like the capacity for self-insight, and a sense of purpose) may contribute to mentalillness. In this sense, teachers and administrators likemental health professionals are physicians of the soul,partners in helping students develop ways of thinking and feeling that promote life over death], 2097.

02.21 Reflections about the Shin suicide case at M.I.T. [What Elizabeth Shin may have needed most was an adult "friend" who cared about her as a person, not simply as a "student" or a "client"], 3014.

02.33 "Medical laypeople" and liability for suicide [Liabilitycould result, if a court finds a "duty," depending on thesuicide's foreseeability, its likelihood, the magnitude of the burden of guarding against it, and the potential consequences of placing that burden on the defendant; law and policy quiz], 3048.

02.40 The duty to prevent suicide [Virginia federal districtcourt decision in Schieszler v. Ferrum College], 3060.

02.44 Reflections on the University of Arizona shootings[rates of workplace violence; questions to raise in the aftermath of campus violence; American Psychiatric Association statement on prediction of dangerousness; responding to classroom disruption; school violenceand suicide; Erich Fromm: "The impotent man, if he hasa pistol, a knife, or a strong arm, can transcend life by destroying it in others or in himself. . ."], 3074.

02.50 Can violence be predicted [History and current research on violence prediction, by Andrew Flack and Gary Pavela ], 3088.

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Disabilities Law/Students with MentalDisorders  / 2003

03.41 The Illinois Plan, part I [Overviewand data pertaining to the University of Illinois suicide preventionprogram], 3194.

03.42 The Illinois Plan, part II [Overview and data pertainingto the University of Illinois suicide prevention program], 3197.Return to Top / Return to Topical Index

Disabilities Law/Students with MentalDisorders  / 2004

04.25 The Air Force Suicide Prevention Program, Part I, 3264.

04.26 The Air Force Suicide Prevention Program, Part II, 3267.

04.42 Theoretical foundations of the Illinois Suicide Prevention Program (commentary by Paul Joffe), [AJust as each student is in-charge of whether they live or die, each administrator is in-charge, through the authority of the Dean, of whether the student continues to be enrolled"], 3308.

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