Denied re-admission after medical leave of absence

Parents Forum
1

<p>Hi everyone,
I'd like to share my story about being denied re-admission after a medical leave because I feel like the denial was an unfair decision that essentially, really doesn't make any sense, and I also feel like I've been played by office politics, and I can really use need all advice I can get at this point. </p>

<p>So I took a medical leave of absence from my LAC after completing my freshmen year because I had some minor depression and anxiety. The doctor at that time said that it looked like I was also severely homesick (I had stayed at school for the summer to do research), and that going home would be my "medicine," and that the depression wasn't even serious enough for any sort of medication.
This was last fall (September 2012). After I left the school, I started getting treatment from a therapist and I've been getting treated every since then. After I thought that I had been treated enough, I decided to reapply for my school this spring (March 2013). I did everything my school required me to do: I continued ongoing treatment with a clinic, and I really took initiative to get better. Although it wasn't easy for me, I got a stable job, and worked really hard with my therapist and my family to get through this rough time. </p>

<p>When I re-applied for school this spring, I included reports from my doctors that clearly state that I am cleared to be back at school this fall. They both said that I was able to function semi-independently and that perhaps a behavioral contract would be a good idea, in order to ensure my own safety. But really, otherwise, I was fine. </p>

<p>I talked to my therapist who was really surprised that I was denied re-admission. She said that though she'd seen cases in which a student was denied re-admission because the student hadn't taken ample time (only one semester) to treat the initial problem that led to the leave, she was shocked that after roughly a year of treatment, the school was still reluctant to let me come back (especially since it was never a very serious problem to start off with).</p>

<p>The school tells me that they feel like I need more time to make more improvement and that I should re-apply after one more semester (So I should apply again for the Spring 2014 semester). However, I'd like to know why they are denying my re-admission when both my doctors have given their professional opinions, saying that I was fine to be back at school this fall. My doctors are the ones who have been seeing me since last October, so while I understand that the final decision lies in the school committee, I don't understand why the school isn't taking my doctor's opinions into full consideration. </p>

<p>I don't understand what more I could've possible done to be granted re-admission. I was away for roughly an entire year, I took the steps to be treated, and I am so much stronger than I was when I left.</p>

<p>I've already decided to send in a petition and make an appeal for this decision. I feel like it was an unfair one. I am just too healthy to be away for another semester, seeking treatment for a problem that isn't there, at least not anymore. </p>

<p>I'd really like to know if there are precedents for these cases, and if I should get a lawyer involved. Is it really possible for a school to keep me from coming back with no legal reason? or really, without any reason for that matter? and also when I've done everything that the policy asks me to do?</p>

<p>I am so flustered right now, and I really could use any information or any advice I can get. Please, please, help me, if you think you might have anything, please don't hesitate to reply . I would really appreciate anything.</p>

<p>Thanks!</p>

2

<p>Sorry to hear about your plight. In this day and age of our litiginous society, I would have to wonder if the school thinks that you may be a threat to other students (please note that I am not alleging this but as a physician I know how the other side sees things), regardless of what your doctors have said. What specific improvement have they asked for? Perhaps their doctors should speak to yours. At any rate, they should give you a direct response as to why they are denying you readmission, especially if you met all their criteria. I hope that you have a paper trail of your correspondence with the school that proves that you did everything by the book. Unfortunately, I envision that you may face a difficult time in that institutions do not want to admit that they are wrong (just read some of the issues regarding how victims of college sexual assault are treated). If you do speak to your institution, I would consider taking your parents as witnesses so that there is less room for the school to intimidate you.</p>

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<p>I wonder if the words “semi-independently” (as opposed to self-sufficient) and “behavioral contract …to ensure …safety” are what spooked them. If you need a contract to ensure your safety, it could be construed as implying that you’re on the edge of NOT safe. And they might not want to be responsible if you harm yourself. </p>

<p>They also might want to see a better support plan so that you will be more independent.</p>

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<p>I agree: the behavioral contract to ensure safety could be the problem.</p>

<p>We don’t know the content of this contract or the reason for it, but it would seem to indicate potential harm to self or others, either of which would make the school nervous for legal reasons.</p>

<p>If the problem was not serious in the beginning (and I believe you) then why was this contract necessary?</p>

<p>A simple letter from an MD or two would have been better, stating that you were ready to come back.</p>

<p>Some schools require that you meet with a doctor affiliated with the school as well. Perhaps you could request a meeting/interview so you can explain your readiness to a professional on campus who could then vouch for you.</p>

<p>I will say this happens a lot. It might be more worthwhile to take classes for that one semester, somewhere else, and then follow their timetable for returning. But if you really want to pursue this, a lawyer shouldn’t be necessary, at least at first.</p>

<p>Can your employer write you a recommendation?</p>

<p>Are your parents involved?</p>

<p>I can see you have worked really hard and understand how disappointing this is for you. Hope it works out whatever you do…</p>

<p>p.s. A bigger issue might be, are you sure you want to go back? How do you know you won’t feel homesick again? Have you considered going to school closer to home? Maybe things have changed, but if your “depression” was not medicated and got better, perhaps it really was homesickness and transition issues-?</p>

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<p>I would have been spooked by those words too.</p>

6

<p>Sounds like the school wants you to be cleared to function independently (not semi-independently). In therapy a safety contract is reasonable, but it does suggest that you are still struggling with suicidal ideation, and those two issues together may cause the school to want you to be a bit more stable before returning. Best of luck to you.</p>

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<p>I agree with the others–living “semi-independently” and needing a behavioral contract for safety don’t really match up with something that’s “not serious” or “not there.” Is it possible that the school and your therapist are speaking different languages in a way and that’s where things are getting confused? I mean, <em>most</em> college students–or at least those of traditional age–live “semi-independently” in a sense, especially if they live on campus. </p>

<p>Absent the well-substantiated, threat of suicide or of harm to others, it seems like the school could be trending toward a possible OCR issue if their readmittance policies essentially require no the student to have no (psychiatric) disability, period. However, given that we know very little about the situation, it’s hard to have an idea of what’s going on, to be honest.</p>

<p>Good luck to you.</p>

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<p>I agree with other posters, I can understand a school being concerned with the “semi-independent” and “behavior contract” words. They are not consistent with not serious. I think that you might want to consult another doctor. A good therapist should understand that the words used would raise eyebrows. Maybe the therapist has a strange view of the supervision a college can and will provide. If semi-independent living is best for you, you may want to see if you can find a college that you could attend and live at home.</p>

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<p>Have the doctors call/write and clarify their terminology, and then, yes, get a lawyer who specializes in the enforcement of the Americans with Disabilities Act – if you are sure this is what you really want and can handle.</p>

<p>On the flip side of this situation, my daughter, who has bipolar II disorder and social anxiety, is entering a small LAC this fall, and I was told by the Office of Disabilities Services that the MD and parents requesting certain housing (quiet, non-partying; double room not triple) will not compell the school to place a student in that dorm – only the STUDENT requesting that living arrangement(despite recommendations of the MD) will move the college to arrange that;my daughter is on board with that, anyway, fortunately. But the school stressed to me that doctor recommendations are secondary. The school doesn’t put a lot of store in doctor recommendations unless the student agrees, so that seems very differnt from your experience, in the sense that your school is focusing on the doctors’ terminology, rather than your own assessment of where you stand.</p>

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<p>I am going to add that the words, behavioral contract and semi-independent, don’t give me much confidence that your therapist believe you are totally ready to leave home. (Again, this isn’t my opinion of you, rather my opinion of the words the therapist used.) You need to make sure that the therapist understand how independent you are expected to be at college.</p>

11

<p>Is there a doctor at the college who has examined you? What does he/she say?</p>

<p>And why do you think this is office politics? I don’t see any politics.</p>

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<p>One more thing to think about…are you sure that you want to go back to this particular school? I would question if it is the right place for you in this circumstance. Would you be able to get the support you need in various imaginable circumstances? Would your successful return require any accommodations, and would the school be likely to work with you in this respect?</p>

13

<p>Do you really need the expense/hassle/stress of getting a lawyer to fight this battle over one semester delay? It would probably take that long to resolve it anyway. </p>

<p>I agree with the posts above: the terminology used is troublesome with regard to your ability to live independently, and most importantly, to be completely safe.</p>

<p>I would encourage you to take classes from a local college, apply for the following semester as your school suggests, and spend the intervening time continuing to work with your therapist on becoming completely independent and safe to the point that you do not need a “contract” to do so.</p>

14

<p>If you can find out who handles these things, and ask the person exactly what kind of report is needed, in terms of wording, to get you cleared medically, so that you can seek it. You might want to look for an attorney who handles disability cases to help you out here. I do know that when it comes to insurance and any number of things, certain key words can be essential in getting a claim or anything fulfilled or denied. So it can be in this situation.</p>

<p>The other issue could be that they don’t have room in the fall and with all of the new freshman that have to be settled into their grooves, they would prefer a spring entry for you when things are less hectic. A lot of schools are defering kids to spring admissions these days. Kids that flush out in the fall leave some room in the spring. My son was accepted to two schools, both with a spring admissions stipulation, one was clearly because of housing issues, the other required a program abroad for the fall if he were to join the campus in the spring. No room in the fall.</p>

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<p>Who would be expected to monitor a “behavior contract”? In my experience, these need to be well monitored with adjustments made as needed. The school may feel that THEY should not be responsible for doing this…and that your therapist at home isn’t as accessible as would be needed to do this well.</p>

<p>Do you agree with your therapist that a contract is necessary…and that you are semi independent? If so, work with the therapist to become self sufficient, and reapply for spring.</p>

16

<p>One thing a lot of posters have skipped over: The school can’t legally hold students with disabilities to different standards. So, the school can’t require the OP to be “completely safe” unless it kicks students out for unsafe behaviors, and given the base rates of binge drinking, nonsuicidal self-injury, and other potentially harmful to self behaviors among college students, they aren’t. Similarly, the school can’t require the OP to live any more independently than it does other students. The areas where a school has some room to judge are substantial risk of harm to others or behavior that it is very disruptive to the college community. Denying readmission on the basis of suicidality alone is possible but difficult, given recent OCR rulings that schools cannot kick students out for suicidality without first trying other strategies for addressing it. (Frankly, I think this was needed because the policies some universities had for removing students who expressed any suicidality had the potential to really punish helpseeking behavior). My guess is that there was something in this situation that conveyed a substantial, imminent threat for serious harm to self or harm to others and that spooked the school. Either that, or the school is really not up on its civil rights law.</p>

17

<p>OP-</p>

<p>You have not been flat-out denied readmission. You have been asked to wait one more semester, and apply then. Frankly, I don’t see anything wrong with giving this a bit more time. You have improved greatly in the time since you withdrew. If the progress continues, you will be in even better shape several months from now.</p>

<p>And you do indeed want to be in the best shape possible when you return to college. You want to be able to fully engage with your studies and have a successful experience once you return to classes. In the greater scheme of things, one more semester off is nothing.</p>

18

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<p>First of they are not “kicking her out” for suicidality, nor even denying her re-admission. They are merely delaying her re-admission by one semester.</p>

<p>Regardless of what is legal, my advice to the OP to continue her therapy at home so that she can live safely and independently has to do with my concern for her well being and has little to do with what the school is required to do. It just seems to me that to err on the side of her mental/emotional health would be the wisest thing to do given the circumstances. School can wait. Her health and safety should the most important thing here.</p>

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<p>Also, I agree that it may be easier–and better for you in long run–simply to wait until spring to re-enter. It would give you time to work on the issues that necessitate the safety contract and are giving the school pause and put you in a healthier position upon re-entering.</p>

20

<p>The ironic thing to me is that living in a dorm at a LAC is a perfect example of “semi-independent” living, and that the average parent on College Confidential seems to believe that his or her child is, at MOST, capable of living semi-independently like that. Most of them have a lot of doubts that the dorm will provide enough structure, and many enter into forms of behavioral contracts with their kids to make them (the parents) feel better (and lots of parents recommend that other parents do this). A number of parents are constantly outraged that their kids’ colleges aren’t doing enough to enforce the implied behavioral contracts those parents think are in place.</p>

<p>So it’s entirely possible that the OP’s doctors’ letters may have meant “The OP is ready to go back to college, but, like many first- and second-year college students, not necessarily ready to function independently in the world all alone.”</p>

<p>But . . . in the context of professional jargon, it probably meant more than that. I agree that those phrases are red flags. I also think that, either or both: The OP’s therapists are not being straight with the OP about what they think. The OP is listening to what they say with a high degree of selectivity.</p>