I'd like to file a lawsuit

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i did not request any accommodation. They ditched me after I chose to come out of the closet as an Aspie. A referral is fine, if there is indeed one, but since my student fee goes to supporting mental health, I feel it is entirely appropriate for them to foot the bill.

The student clinic stated mission is to provide counseling students to all students without regard to RACE SEX SEXUAL ORIENTATION DISABILITY

The way they treated me has caused intense mental and emotional anguish and social rejection.


I feel it is both refusal to make reasonable accommodation AND disability discrimination.

Uh, no. Everyone else in your college is footing the bill too, and the funds go to the services that would most benefit the student population as a whole.

I believe I have a right to have my needs met. My fees also pay for women's pelvic exams. Being a male I never use them.
The contract is I and every student pays fees including mental health services, which we are all entitled to use. The ex-counselor and clinic director are claiming they cannot "see" me due to AS. And many students never use the mental health services.


I do not believe students on the spectrum should be treated in this way and if I win a lawsuit this creates a legal precedent.

I think all students including those on the spectrum should be entitled to mental health services.

I'm guessing at least 50% of your student population is female. Urinary tract infections are very common in young women, and STIs can be devastating and increasing in frequency. There is also the matter of screening for cervical cancer. Therefore it makes sense, based on cost-benefit ratio, to have this service as many students will benefit from it. Equally, males have the delight of penile swabs if they so wish...

It is not cost effective to hire an extra, specially trained counselor for one student, and it is arguably quite selfish to demand one.

Listen, seriously good luck if you want to go ahead with this, but you're spending a lot of time and money on something which could easily be solved by just going to an external counselor.

50% probably are.

THey are the ones claiming that I have to see a specially trained counselor not me. Since they insist that I go outside, I demand they cover it. As for hiring, it could be "adjunct"

Do you know how many University students are AS? If these counselors want to work with University students, shouldn't they be trained in ASD issues?

In what way does a counselor trained in treating common issues like loneliness, depression and anxiety differ from one trained in ASD and loneliness, depression, and anxiety?

You're probably right about time and money. Still, is this how AS students should be treated?

If a lesbian feminist were treated this way, would you call her selfish?

Let's see if I understand this. You're saying you have the same issues as they treat NTs for, so you don't understand why they can't treat you, right? And you're saying you feel like they're discriminating against you because they have something against Aspies, right? That must hurt.

I have some thoughts on the matter, though, and I hope they help you understand.

They're not treating you for the same reason that a pediatrician wouldn't treat an adult patient. Even if you have issues that they deal with in their other patients all the time, the thing is, you don't deal with issues in a vacuum. If you have a cold AND cancer, then that affects the treatment of both.

It is different. Loneliness, depression and anxiety are not things in and of themselves. They aren't foreign entities that visit themselves upon you. Their presentation-- and hence, the appropriate treatment-- is intimately tied to the rest of your psyche. Loneliness, depression and anxiety in an NT are NOT THE SAME as loneliness, depression and anxiety in an Aspie.

Could they treat you anyway? It depends. It's possible that the treatment happens to be the same. But think about it this way. Loneliness in someone with a social skills disability, someone who's not wired to connect in the same way, is different from loneliness in an NT, and the treatment is almost always radically different. Yes, it is. And for another thing, anxiety is much more common in people on the spectrum. That may indicate that it works by another mechanism, or at least that it will be much more difficult to treat, even if it's the same beast-- Aspie anxiety is to normal anxiety as a giant fire-breathing dragon is to a lizard. Sure, they're both reptiles, but a dragon's a lot harder to deal with.

And remember, communication issues. I've lost track of the number of times I've had a meltdown over misunderstanding what someone said. They may be worried that if they say something wrong and upset you (a risk that is present with NTs, but is greater with us), it could cause you even more suffering.

DandelionFireworks makes some very good points.

I'm a bit confused. Being lesbian or feminist does not require specialist health measures, so the question doesn't makes a lot of sense. The same treatment as for a straight girl would apply.

I've never been to a mental health professional who specializes in ASD, how exactly does it differ from someone who is not
?

I've never been to a mental health professional who specializes in ASD, how exactly does it differ from someone who is not
?

not the way I was treated. The rejection I feel is emotionally traumatizing

Is it factually true that a clinical psychologist is inadequately trained to deal with a patient with depressed mood, anxiety, loneliness? If so, why is not having on an adjunct basis someone who is "adequately trained" not a reasonable accommodation? You do know that this is govern under federal law?

http://www.ada.gov/cguide.htm#anchor62335

http://www.ada.gov/cguide.htm#anchor62335



ADA Title II: State and Local Government Activities

Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

Complaints of title II violations may be filed with the Department of Justice within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more information, contact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYAV
Washington, D.C. 20530

www.ada.gov

(800) 514-0301 (voice)
(800) 514-0383 (TTY)

Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice (DOJ) or any other Federal agency, or to receive a "right-to-sue" letter, before going to court.

ADA Title III: Public Accommodations

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.

Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.

Commercial facilities, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations.

Complaints of title III violations may be filed with the Department of Justice. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III, or where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice (or any Federal agency), or to receive a "right-to-sue" letter, before going to court. For more information, contact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYAV
Washington, D.C. 20530

www.ada.gov

(800) 514-0301 (voice)
(800) 514-0383 (TTY)



Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975) requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.

IDEA requires public school systems to develop appropriate Individualized Education Programs (IEP's) for each child. The specific special education and related services outlined in each IEP reflect the individualized needs of each student.

IDEA also mandates that particular procedures be followed in the development of the IEP. Each student's IEP must be developed by a team of knowledgeable persons and must be at least reviewed annually. The team includes the child's teacher; the parents, subject to certain limited exceptions; the child, if determined appropriate; an agency representative who is qualified to provide or supervise the provision of special education; and other individuals at the parents' or agency's discretion.

If parents disagree with the proposed IEP, they can request a due process hearing and a review from the State educational agency if applicable in that state. They also can appeal the State agency's decision to State or Federal court. For more information, contact:

Office of Special Education and Rehabilitative Services
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-7100

www.ed.gov/about/offices/list/osers/osep

(202) 245-7468 (voice/TTY)



Rehabilitation Act

The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.

Section 501

Section 501 requires affirmative action and nondiscrimination in employment by Federal agencies of the executive branch. To obtain more information or to file a complaint, employees should contact their agency's Equal Employment Opportunity Office.

Section 503

Section 503 requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000. For more information on section 503, contact:

Office of Federal Contract Compliance Programs
U.S. Department of Labor
200 Constitution Avenue, N.W.
Room C-3325
Washington, D.C. 20210

www.dol.gov/esa/ofccp

(202) 693-0106 (voice/relay)


Section 504

Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.

Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a "right-to-sue" letter before going to court.

For information on how to file 504 complaints with the appropriate agency, contact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYAV
Washington, D.C. 20530

www.ada.gov

(800) 514-0301 (voice)
(800) 514-0383 (TTY)

Section 508

Section 508 establishes requirements for electronic and information technology developed, maintained, procured, or used by the Federal government. Section 508 requires Federal electronic and information technology to be accessible to people with disabilities, including employees and members of the public.

An accessible information technology system is one that can be operated in a variety of ways and does not rely on a single sense or ability of the user. For example, a system that provides output only in visual format may not be accessible to people with visual impairments and a system that provides output only in audio format may not be accessible to people who are deaf or hard of hearing. Some individuals with disabilities may need accessibility-related software or peripheral devices in order to use systems that comply with Section 508. For more information on section 508, contact:

U.S. General Services Administration
Center for IT Accommodation (CITA)
1800 F Street, N.W.
Room 1234, MC:MKC
Washington, DC 20405-0001

www.gsa.gov/section508

(202) 501-4906 (voice)
(202) 501-2010 (TTY)

U.S. Architectural and Transportation Barriers Compliance Board
1331 F Street, N.W., Suite 1000
Washington, DC 20004-1111

www.access-board.gov

800-872-2253 (voice)
800-993-2822 (TTY)



Architectural Barriers Act

The Architectural Barriers Act (ABA) requires that buildings and facilities that are designed, constructed, or altered with Federal funds, or leased by a Federal agency, comply with Federal standards for physical accessibility. ABA requirements are limited to architectural standards in new and altered buildings and in newly leased facilities. They do not address the activities conducted in those buildings and facilities. Facilities of the U.S. Postal Service are covered by the ABA. For more information or to file a complaint, contact:

U.S. Architectural and Transportation Barriers Compliance Board
1331 F Street, N.W., Suite 1000
Washington, D.C. 20004-1111

www.access-board.gov

(800) 872-2253 (voice)
(800) 993-2822 (TTY)



General Sources of Disability Rights Information

ADA Information Line
(800) 514-0301 (voice)
(800) 514-0383 (TTY)

www.ada.gov

Regional ADA and IT
Technical Assistance Centers
(800) 949-4232 (voice/TTY)

www.adata.org



Statute Citations

Air Carrier Access Act of 1986
49 U.S.C. § 41705

Implementing Regulation:
14 CFR Part 382

Americans with Disabilities Act of 1990
42 U.S.C. §§ 12101 et seq.

Implementing Regulations:
29 CFR Parts 1630, 1602 (Title I, EEOC)
28 CFR Part 35 (Title II, Department of Justice)
49 CFR Parts 27, 37, 38 (Title II, III, Department of Transportation)
28 CFR Part 36 (Title III, Department of Justice)
47 CFR §§ 64.601 et seq. (Title IV, FCC)

Architectural Barriers Act of 1968
42 U.S.C. §§ 4151 et seq.

Implementing Regulation:
41 CFR Subpart 101-19.6

Civil Rights of Institutionalized Persons Act
42 U.S.C. §§ 1997 et seq.

Fair Housing Amendments Act of 1988
42 U.S.C. §§ 3601 et seq.

Implementing Regulation:
24 CFR Parts 100 et seq.

Individuals with Disabilities Education Act
20 U.S.C. §§ 1400 et seq.

Implementing Regulation:
34 CFR Part 300

National Voter Registration Act of 1993
42 U.S.C. §§ 1973gg et seq.

Section 501 of the Rehabilitation Act of 1973, as amended
29 U.S.C. § 791

Implementing Regulation:
29 CFR § 1614.203

Section 503 of the Rehabilitation Act of 1973, as amended
29 U.S.C. § 793

Implementing Regulation:
41 CFR Part 60-741

Section 504 of the Rehabilitation Act of 1973, as amended
29 U.S.C. § 794

Over 20 Implementing Regulations for federally assisted programs, including:
34 CFR Part 104 (Department of Education)
45 CFR Part 84 (Department of Health and Human Services)
28 CFR §§ 42.501 et seq.

Over 95 Implementing Regulations for federally conducted programs, including:
28 CFR Part 39 (Department of Justice)

Section 508 of the Rehabilitation Act of 1973, as amended
29 U.S.C. § 794d

Telecommunications Act of 1996
47 U.S.C. §§ 255, 251(a)(2)

Voting Accessibility for the Elderly and Handicapped Act of 1984
42 U.S.C. §§ 1973ee et seq.





last update: February 16, 2006

How do I know if "there is no money....available?" Since every student provides a student health clinic fee out of tuition, and many students do not take advantage of student clinic counseling, and their own published material states they wish to address every student's need, then on what grounds is such an accommodation unreasonable?

How do you know there aren't other students with AS, and second, how do you know that such a "specialist" can't see regular student population?

Let's suppose that a lesbian feminist tells the same counselor she has AS. Instead of rejecting her telling her she's on her own, they continue treating her.

Sounds like discrimination to me. If they claim one individual with AS is beyond the scope of their treatment, they should tell everyone, including blacks, gays and lesbians.

Being feminist is a socio-political perspective; being a lesbian is a form of sexuality. Being on the spectrum is a developmental disorder that has profound effects and changes the best manner in which to address issues. The characteristics are not comparable in this analysis as they are categorically different. You can pursue any course of action you like, but if you didn't want critical feedback why didn't you post in the Haven?


M.