WESTERN WYOMING COMMUNITY COLLEGE

“A commitment to quality and success”

Americans with Disabilities Fact Sheet

Provided by Karen Waters, Disability Support Services Specialist

Sponsored by, the Student Development Center

May 2004

Case Study: What is the wrong way to handle psychiatric disabilities?

A student we will call “Jane Doe,” who had a history of bipolar disorder, withdrew from XYZ College for two days to receive treatment for her condition. Upon her return, XYZ College had decided to place her on academic probation. In addition, she had to sign a wellness contract which included the following for readmission:

·  Be sent home if she cried.

·  Get a minimum of six hours of sleep per night.

·  Eat three meals per day.

·  Maintain good hygiene.

Jane Doe was never comfortable with this wellness contract and eventually took her case to federal court. She ended up with $45,000.00 and an apology from college officials.

And, this followed the OCR, (Office of Civil Rights), settling the dispute and having the college agree to training employees and discontinue wellness contracts.

This was a clear example of going beyond the boundaries of the law. This situation can be avoided. Your institutions Code of Conduct is the best defense. All students are required to follow a Code of Conduct Policy, disabled or not. Institutions are well within the letter of the law by upholding their Code of Conduct Policy. However, “wellness contracts” or other methods which select to separate students based upon their disability, are prohibited as the result of this case demonstrates.

I hope you have enjoyed the ADA Fact Sheet. If you have specific questions you would like answered or need more information on a disability, please let me know. I would appreciate your input. And, thanks for your help in the educational plan for our ADA students taking courses at Western Wyoming Community College.

Karen K. Waters, Disability Support Services Specialist – (307) 382-1806