The Department of Education’s Office of Civil Rights (OCR) recently made significant changes in policy that made it more difficult for colleges and universities to avoid missteps, to understand legal liability, and to effectively manage outcomes when it comes to suicidal students who present a danger to others on campus. Found under Title II of the Americans with Disabilities Act (ADA), the revised regulation now deems it unlawful to involuntarily separate, suspend, block readmission, or expel a student on the basis of self-harmful or suicidal behaviors.
There have been several recent legal cases that are essential for colleges and universities to understand regarding how OCR is addressing harm-to-self and harm-to-others as it applies to involuntary medical leaves, readmission, and avoiding OCR complaints.
These recent cases shed light on the following questions:
- Does having Asperger’s disorder protect a student from suspension after he threatens a staff member?
- Once a student is medically withdrawn, what is allowable for a college to require prior to the student’s readmission?
- Are counseling assessment records private, or are they accessible by the Dean or VP of Student Affairs during a crisis?
- Is an inpatient admission for a suicide attempt grounds for separation from campus?
Join Dr. Brian Van Brunt and Jason Ebbeling as they discuss the psychological, administrative, and legal implications of the conditions that these issues bring to campus. This is an
advanced topic webinar
that will focus on a review of three legal cases and the implications for college and universities as they attempt to make sense out of these new regulations with practical applications. This is a new program that differs greatly from previous Innovative Education programs concerning suicidal students or readmission requirements.
The program will include:
- A review of University of Arkansas Stebbins case
- Western Michigan University Jackson Peebles
- Princeton University and the case of W.P.
- A brief summary of the OCR restrictions on forced medical leaves for suicidal, harm-to-self behavior and harm to others
- An exploration of conditional return policies and how they can be created in a manner that is psychologically and legally sound
- The topics of proper documentation, treatment planning, case management, and community impact