I'm being discriminated based on disability by my university

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I don't know if this is the right section to post, but here it is.

My name is Henry, and I'm an international grad student at a state University in Minnesota, doing my Master's on Applied Behaviour Analysis. I'm from Vancouver, BC. I'm also a registered student with disabilities, as I was diagnosed with Asperger Syndrome when I was 9 (back in Jan 1994). I've been here already for 3 years. I've already finished with all my basic coursework and all that's left are my thesis and internship. However, over the past 6 months, I'm going through an extremely rough and stressful time with my university, in which I've been discriminated based on my disability by my program, department and the administration.

Last December, I had encountered problems with my internship (a lot of it due to my difficulties with reading appropriate social cues at work, and there was a lack of adequate supervision from my faculty professor for that internship course during my internship) and my internship position was terminated, and the program gave me a failing grade. Therefore, I sent program and student complaints against her and my program, and requesting them to allow me to retake my internship with accommodations based on my disability. My department refused to consider my request. During a meeting 1-2 days later, the faculty members (4 professors) in my program held a vote of recommendation to dismiss me from my program. Three voted to dismiss me, with one voting against (who is my academic/thesis advisor, and the only professor supporting me right now). The professor who voted against the recommendation made a similar request to the program to allow me to retake internship with accommodations based on my disability, and they still refused. According to her, there were past students who, after failing their internships, were allowed to retake it. But I was never given that opportunity. So, this is very unfair to me.

The student and program complaints process took much longer than I expected, lasting for 5 months. As an international student, this placed unnecessary burdens on my finance and time. Also, since my thesis advisor is going on sabbatical after this August, I'm in so much stress as I need to finish data collection for my thesis, as well as my internship and finish my degree. Despite that, my complaints have went through program, department and provost levels, and even to the president. They all towed the department line and still refused to allow me to retake my internship. Although the dean of graduate studies is still allowing me to graduate with an alternate degree (M.S. in Special Studies- Autism Spectrum Disorder), I still think I've been discriminated and treated me very unfairly. During this time, my academic/thesis advisor, who is an expert researcher on Autism and ABA, made a proposal of my alternate internship and specific accommodations that can be done based on my disability and submitted it to the administration. Also, she told them that she would be willing to supervise me, FOR FREE, AS A VOLUNTEER, at no cost to the university. They still refused to consider that proposal and request. In fact, back in the end of March, the direct of student disabilities services at my university even told me, in front of me, that my situation can be compared to a "blind person who wants to become a pilot, but cannot possibly become one". I was so hurt and offended by what he said. As a result, I've now filed complaints with the MN Dept of Human Rights, and I'm still waiting for my case to be assigned. Someone has told me that my university has broken federal law (American Disabilities Act). Now, my graduation, which has already been delayed several times (I was supposed to be done in May 2011), has been delayed again. I feel that my university is delaying my case so that I'm forced to accept their offer of the M.S. Special Studies degree, but that's not what i came here for, as my original program is Applied Behaviour Analysis. I believe that there are a lot of people who only pretend to help individuals with disabilities, because when their own self-interests are compromised, they would go to all means to remove that threat, including individuals with disabilities. My academic/thesis advisor, on the other hand, is one of the very few who is GENUINELY helping and acting in the best interests of individuals with disabilities.

It has been torture and hell for me every single day, for the past 6 months. I've done absolutely nothing during the Spring 2012 semester, other than the presentation of my thesis proposal, while continuing to pay my monthly rent and utility bills. At one point, I was suicidal, not knowing whether my future is worth it. Most of my closest friends have already finish their degrees, and moved on with their lives (most moved out of town as well). My parents back home in Vancouver are also very concerned about me as well. I just felt that I'm alone through this ordeal. The reason why I decided to email you is because I couldn't bear it by myself anymore, and I really want to let the world know about this. I think I was one of the first generation of individuals to be officially diagnosed with Asperger Syndrome, back in Jan 1994, when the DSM-IV with specific diagnosis of AS was first published. I feel that most Autism advocacy groups and other agencies simply don't have adequate resources to deal with issues facing young adults and older adults with Asperger Syndrome. Today, there is a lot of awareness focusing on kids with Autism and a lot of support has been given to them. However, many people underestimate the need to have continued support and care required for adults with Autism and Asperger Syndrome. Back in April, my academic/thesis advisor told me that despite my circumstances, perhaps it is the right time for me to shine, to show my strength, and to advocate for myself and other young adults with Autism and Asperger Syndrome, similar to what Rosa Parks did back in the Civil Rights era. She told me that it is becoming more relevant as the generation of individuals with Asperger Syndrome are now grown adults and are in college or grad school. To be honest with you, I never really thought of doing this, because all I'm hoping for is to finish grad school, move back home, and move on with my life. But with my current situation, I have to become an advocate for myself and others with Asperger Syndrome. I don't know why it always has to be me to go through the pains of growing up as an individual with Asperger Syndrome, having to go through crises throughout elementary, high school, and college. I just wish that things can be much smoother for me.

I thought I've already made a lot of progress with my disabilities ever since I was a child, when I was bullied at school daily and had a social worker assigned to me who visited me every week. A lot of my friends don't notice that I have AS until I told them. But a lot of people just don't realize that there are a lot of subtle signs of AS that could affect their daily lives. For me, it's the difficulty in reading subtle social cues at the work place. I've also had past troubles with dating and relationships.

I decided to post it here because I want to more people to know about my story and what I'm going through. If there's other ways to spread my message across, please let me know. It's so hard to suffer in silence.

This is just not surprising, that's how people treat person with disability.

Well, if it's any consolation, you're among friends here. More importantly, you're among like minds. Many people, including yours truly, have had to put up with all kinds of discriminations & prejudices in the normal course of our lives. The challenges we all face can seem insurmountable sometimes. Yeah, a lot of times, we scream, "Why bother!" I don't even know why I bother sometimes. Maybe I'm as dumb as a box of bricks. I don't have a clue. I keep on going, though. I've been through some extremely hard times - yeah, I've attempted suicide - but I do realize it's not too late to try to enjoy life. It may not turn out the way we hoped for (I was supposed to be a rock star by now, dammit!) but it could be worse, right? Hanging in there. Welcome to WP. We draw strength from each other.

ABA can also be used to make people more autistic.

There is a lesson for you here. If you need an accomodation, you should ask for it in writing up front.

The university has ultimately been fair and non-discrimatory to you in allowing you to graduate with a different degree.

Jason.

Wow.

Academia is pretty messed up in the USA. It's appalling. Both my husband and I were enrolled in PhD programs and we both left with out PhDs more or less voluntarily because we were so disgusted with what goes on even at well known univeristies. This includes things you wouldn't think of like pimping out grad students for grant money and asking them to stretch the truth or lie in publications all the while they're greasing palms and scratching back to get your now fraudulent work published. Not every professor is like that, but ours were.

In your case the fact that your advisor is advocating for you while the rest of the world is against probably has more to do with your advisors relationship with the rest of the department than with you. Unfortunately they have shot themselves in the foot because indeed. It appears as if you are being discriminated against which is really going to work against them in the long run. I don't have much advice other than making as BIG of a stink as you can. MEdia attention if possible. IT will either help you get what you want or failing that draw attention to your cause.

Pilots for all practical purposes fly blind when they rely on their instruments for night flying and day time flying during inclement weather.

I did. I wrote that down in the original student complaint form at school, when I submitted my student complaint to the administration.

How can the university be fair in offering me graduation with another degree (they even told me in writing that the licensing agency for behaviour analysts would recognize my degree), when they refused to allow me to redo my internship with accommodations? That's the underlying point in my complaint. What my university has done, so far, is similar to the "segregation but equal" type of thing.

At first, I think like you do, I trusted the school system. At the end, I don't, because a lot of the people in departments and administrations cover up for themselves and don't act in the best interests of students.

Yep, this is EXACTLY what is happening now. Another prof from another department who knows my thesis advisor well has told me about this many times, but that doesn't decrease the fact that there is discrimination involved and the parties involved need to be responsible for what they've done to me mentally and emotionally. I'm in the process of contacting Washington Post about this, but I'm not holding my breath because I've contacted the Star Tribune (of Minneapolis-St. Paul) before, and they said that it's so hard to do a story like mine because it requires them to contact the school, and the school would never release my info due to privacy laws and concerns.

You should have asked for this accomodation before you started your internship, not afterwards when making a complaint. It's too late then.

Jason.

I have to agree with this. Universities and employers for the most part only make accommodations for people because they are legally required to. If you have a disability many administrators would breath a sigh of relief if you got hit by a bus. Just like they have to be aware of and comply with the laws we have to know our rights and exercise them. If you don't officially notify them of your specific needs beforehand or fail to notify them that legal accommodations are not being fulfilled they are not legally required to make exceptions after the fact. What I've been doing is meeting with every teacher at the end of the first day of class and notifying them of accommodations that I need. I notify them of accommodations I am entitled to even if I don't think I will need them in that particular class. That way it's on the record even if I choose not to use them for some reason during the semester. You always have to cover your ass. Just because they have these programs in place doesn't mean they give a s**t about you. I'm sure most of them see us a thorn in their side.

Still, I would make a call to the ACLU and the American Association of People with Disabilities and ask for advice. If you could get one of these groups to write a letter on your behalf to the university it may give you a bit more leverage. I get it, sometimes we don't do what we should to protect ourselves but much of that is due to the complications of AS. I do the wrong things often due to my inability to plan and see the big picture. Hopefully the university will do the right thing in the end but you'll have to 'twist their arm'.

It may be more strategic to make the complaint at the beginning, but I think with ADA, a person can raise an issue and request reasonable accomondations at any time. That the reasonable accomondation aspect of ADA is the crux of the matter.

I don't know much about American Association of People with Disabilities, but I do like the idea of trying to get an additional advocate.

At the time of the termination of my internship position, I was only around halfway through my internship course (it's over 2 semesters, from Fall 2011 to end of Spring 2012 semesters). So it definitely NOT TOO LATE to ask for accommodations. Besides, AS, unlike a lot of other disabilities (esp physical), due to the subtle nature of it, it's extremely difficult to judge when you really need extra accommodations. It's often easy to oversee problems and not realizing you have problems due to complications of AS when no one reminds you of your problems until the very end (like my supervising professor for my internship course). So requiring students to request accommodation at the beginning of the course often put students with AS at a very disadvantageous position.

I'm inclined to agree with Jason and Rascall77 here regarding legality; if you have a disability (especially one you've known about since you were 9 and required a social worker for) then legally you should disclose it to the college if you want it to be taken into consideration.

I understand why you might not want to disclose it, especially if you are reasonably high functioning (personally, I choose not to disclose as well), but it does then mean that you are agreeing to be treated exactly the same as everyone else.

With regards to the pilot comment.. Thats kind of harsh, but does make me wonder exactly how badly your internship was going? I would imagine it is very difficult to analyse behaviour when you have difficulty with social cues- I doubt I could do it! If its not too personal, could you give us some specific examples of their criticism?

Personally, just on what youve told us so far, Id take them up on the alternative degree. its still a masters at the end of the day. they seem really against the idea of letting you do another internship (for whatever reason) & to give you the degree without it wouldnt be accurate., but it still sounds like an impressive masters (im guessing! Im not a psychologist)

Last edited by Lene on 26 Jun 2012, 4:47 pm, edited 1 time in total.

I've already disclosed my disability with AS to my department when I first wrote my rationale letter upon applying to my program several years ago. It doesn't matter anymore. Due to constraints of time, I'll most likely to accept their alternative offer, but that will NOT stop me from fighting their decisions, if that means taking them to court. That's what some people had to do. I will not let them win.

The issue here is FAIRNESS, and to just the wrongs, just like what African-Americans have done more than 40 years ago.

Im not sure if you can really compare the two; being Black is a skin colour, not a.social disability. there are situations where I would agree that someone with poor social skills would not be suited to a job (depending on the individual & how well they mask their symptoms).

I do think, however, that if you did disclose your AS at the beginning of the course, then your college should have either given you greater warning about the social skills required at internship, or told you straight up that it maybe wasnt the course for you.