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My son attempted to take a medical withdrawal from college.

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My son attempted to take a medical withdrawal from college. My Mother who he considered to be his second mother died suddenly a few months before he left for another town. He was depressed at that time. Then My Dad was diagmosed with terminal lung and bone cancer which made him more depressed. To top it off his roommate was a cocaine dealer and had another person living with himsecretively that smoke marijuanna and sold it, Zachary became more depressed and came home and put in for a medical withdrawal. Zacahray was diagnosed with bipolar disorder 2 years ago and does not want the school to know this. They refuse to grant him a medical withdrawal until we send them my Mom's obituary, death certificate, the fact that my Dad had cancer and the date that the psychichiatrist started treating Zachary. The psychiatrist wrote the slip for a medical withdrawal. In the beginning he was told that there would not be any problems. This was Winter quarter that this started. It is now Spring
Thank you for posting. What is your question for a legal expert to answer, please?
Customer: replied 8 years ago.
Is my son covered under the ADA? Isn't this unreasonable what the college is asking from us. We paid the full quarters room and board and now they are demanding Springs. I am upset now and I am asking for Zachary's tuition back for Winter quarter. It sounds like we may have to involve the ADA and we may have a lawsuit against OUC. Zachary attempted dealing with them and he said he felt like a second class citizen. Zachary is 24 and has had tears in his eyes 3 times tonight and I am fearful, he has spoke of suicide and he has been in a psych hospital before. I am just at a loss and don't know what to do. I can't sleep and I know that Zachary is still awake. Thank-you for any advice that you can give me, I again will pay via paypal. Thank-you, XXXXX XXXXX.
Customer: replied 8 years ago.
Is there an answer?
Customer: replied 8 years ago.
MY son received a partial grant aned a student loan which he has to pay back and he did not attend. The school is keeping the student loan and are not giving him a medical withdrawal even after the psychiatrist wrote that Zachary was in need of a Medical withdrawal at that time. That was Winter quarter. Now we are told that the student loan that was going to pay immediately was kept by the college and he was given a regular withdrawal without all that I had explained above. I know that my son is again going to end up in the psychiatric unit over this and my dying Father. This school is so cold and callous. Isn't Zachary protected under the ADA because of a diagnosis of Bipolar for 2 years which he does well under the right regimen of medications unless there is tremendous stress. I hope that I have answered all of your questions.
Customer: replied 8 years ago.
My reply is as above. My son is not getting the student loan that he has to pay back to the government that the school kept. The commons is demanding $1,200.00 from us for this quarter. Zachary paid for last quarter but took what we thought was a medical withdrawal, we were told with a letter from the psychiatrist it was fine but we find out this week that it wasn't. I have no idea what to do, I am at a complete loss. I have to send them my Mom's obituary and death certificate and obituarty and proof my Dad had cancer. We are being treated like second class citizens. My son is scared to death to tell them he has Bipolar disorder and they are asking that the Doctor provide them with a date that Zachary started seeing him. All of this is just ridiculous. I know that Zachary has to have some rights under the ADA, but he is so embarrassed. He is suicidal and I am scared, I know he is going to have to go to the hospital, I am waiting on his Dad to get home from work to help me talk him into going to the hospital. Zachary has 2 quarters and he would have been able to double major in Political science and History Teaching with a very High GPA but is seems all gone to him now. And probably so, the way that University's find out you are depressed the treatment that you get, we are living it at this time. I let Zachary handle his business until he was just flabergasted and said how badly he was being treated and then I intervened and I am receiving the same and I have e-mails to prove it. Hope this helps.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance. You have posed two questions (whether your son is covered by the ADA and whether the college is being unreasonable). I will be glad to answer each question in order:

  1. No. The Americans with Disabilities Act (ADA) applies to employment, state and local governments, public accommodations. However, there are other anti-discrimination laws in place pertinent to higher education situations such as the one in which your son is involved. I suggest that you file a charge with the Ohio Civil Rights Commission. I would also suggest that you have a licensed Ohio attorney submit a demand letter to the college on behalf of your son. You can purchase 30 minutes of consultation with counsel for about $20.00. These sort of institutions typically reply more readily to an attorney-drafted complaint submitted to their legal department.
  2. Yes. In my opinion your son has been put through an unnecessarily traumatic ordeal. I commend you for your concern, and I urge you to utilize available available mental health and public advocacy resources.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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