Disability Issues

There may be times that as a faculty or staff member, a student may claim their disruptive behavior is a result of a disability. Here is what you need to know:

“The fact that a student may have a disability should not inhibit you from notifying appropriate authorities (including the campus police, as needed) about disruptive behavior. Students with or without disabilities need to know they must adhere to reasonable behavioral standards. Setting and enforcing such standards may encourage students with disabilities to obtain needed therapy, and to take prescribed medications.”

“Disability claims and accommodation requests should be discussed with Student Disability Services. There is an established procedure students should follow if they have a disability and seek a reasonable accommodation.”

“Generally, while different rules apply in the elementary and secondary school setting, pertinent federal agencies and the courts have made it clear that an institution of higher education does not have to tolerate or excuse violent, dangerous, or disruptive behavior, especially when that behavior interferes with the educational opportunities of other students. Colleges and universities may discipline a student with a disability for engaging in misconduct if it would impose the same discipline on a student without a disability.”

Source:
ASJA LAW AND POLICY REPORT
Wednesday July 18, 2001, No. 26

The suggested "questions and answers on classroom disruption" for faculty members contained within these pages first appeared in *Synfax Weekly Report,* and are revised here.

ASJA Law and Policy Report (LPR) is written by Gary Pavela (gpavela@oz.umd.edu) and published weekly (except mid-December to mid-January, and the month of August). Copyright: ASJA and Gary Pavela: All rights reserved. Further transmission within ASJA member institutions is permitted, if the author and ASJA are credited as the source. Index, archives, and additional source materials will be available to ASJA members at http://asja.tamu.edu. The information and comments provided here are designed to encourage discussion and analysis. They represent the views of the author-not ASJA-and do not constitute legal advice. For legal advice the services of an attorney in your jurisdiction should be sought.