Two mental health lawyers said Eastern might have violated the Americans with Disabilities Act of 1990 when it dismissed a student who has post-traumatic stress disorder.

Jill Manges had a flashback, a symptom of PTSD, while trying to leave her classroom in Coleman Hall on Sept. 5.

Manges, who was diagnosed with PTSD in 2004, was suspended by Judicial Affairs for two semesters after a hearing Sept. 13.

Judicial Affairs said she violated two parts of the student conduct code. Both violations pertain to disruption of the classroom environment and university functions.

Manges was offered a medical withdrawal after the hearing, which she signed on Sept. 20.

Karen Bower, a senior staff attorney for the Bazelon Center for Mental Health Law, became concerned over Manges being placed on medical leave after she read the article published in the Daily Eastern News on Oct. 6.

“I know the university has made statements where there were other factors involved, but certainly based off the facts as I read them, it appeared (the university) may have violated the Americans with Disabilities Act,” Bower said.

The university cannot speak about Manges’ case because of the Family Educational Rights and Privacy Act.

The fact Manges signed the medical withdrawal would not be a factor, Bower added.

“She is claiming it was coerced, from what I read, and that it wasn’t voluntary,” Bower said. “I don’t think that really changes things.”

Bower said she would look into representing Manges if she wanted to pursue legal action.

Manges said she would not take legal action against the university because she has neither the time nor the money to do so.

The ADA prohibits discrimination against people who have a disability.

Bower has been counsel on lawsuits against George Washington University and Hunter College. She has worked at the Bazelon Center for three years.

The Bazelon Center is a mental health law advocacy group based in Washington, D.C.

Bower said the Bazelon Center developed a model policy for how schools should handle situations similar to Manges’ situation.

“What we hope schools will do is find ways to support students with mental illness so they can stay in school and be successful rather than kicking them out of school or placing them on involuntary leave,” Bower said.

She added the Bazelon Center also believes a student’s behavior that is a result of a mental illness should not be treated through the disciplinary process.

“Disciplinary action seems inappropriate in a lot of cases,” Bower said. “It is involuntary behavior on the part of the student.”

Schools should not use disciplinary action with students who have a mental illness because it may amount to discrimination, Bower said.

“Under the law, discriminating against a person based on behavior (that is a) result of a disability is the same as discriminating against someone on the basis of that disability,” Bower said.

The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activity. It also prohibits discrimination against someone with a current disability or has a history of a disability. The ADA prohibits discrimination against people who are perceived as having a disability, too.

“If (a student) can’t comply with the rules because of a disability, (the university) has to look at providing some kind of reasonable accommodation, and whether there are any kind of support services that can be used so they can comply with the rules in the future,” Bower said.

She added the accommodation could be to waive any kind of disciplinary action or to lessen the punishment.

Bower said it seemed like Manges was not a threat to herself or others when she experienced her flashback in class. She said the university deciding that she violated the Student Code of Conduct is also questionable.

“I think it is discriminatory to bring charges against a student who is disruptive because of their mental illness under these circumstances,” she said.

Ken Walden has been an attorney for Access Living for six and a half years. Access Living is a disability rights and service organization for people who have disabilities.

Walden said he was shocked when he read the article.

“The students (that were) interviewed indicated that there was no significant disruption in the class,” Walden said. “There is no indication that she disrupted learning in any way.”

He said after reading the article in the DEN he felt Manges had a decent ADA claim.

“It’s hard to know without knowing a little bit more,” Walden said. “I think it is certainly worth her exploring whether she has a meritorious ADA claim.”

He added the university did not appear to explore less drastic means to accommodate Manges. He said there was no evidence that she was a direct threat to others from what he could gather.

“They are kicking her out because she has a disability, and I don’t think any of the ADA defenses are applicable to them,” Walden said. “I don’t think they would be able to defend it successfully.”

Robert Miller, the general counsel attorney for Eastern, said he cannot comment on a specific case due to privacy laws, the code of ethics and issues with attorney/client privilege.

Dan Nadler, vice president for student affairs, said he also cannot comment on a specific case.

The university’s highest priority is to work with the student who has a behavioral issue, Nadler said, and try to accommodate them, but the university has to look at the bigger picture with regard to other students, staff and faculty when dealing with a student who has a behavioral issue.

Eastern President Bill Perry said he cannot comment on specific cases due to legal constraints with the Family Educational Rights and Privacy Act.

Students, staff or faculty can file a complaint with the Office of Civil Rights and Diversity if they feel they were discriminated against and if the university was in violation of some legal act.

Perry said the university tries to reach a resolution that is in the best interest of all parties, when a problem arises with a student.

“They are things that are resolved successfully, but you are never going to be 100 percent in that regard,” Perry said. “When we end up in a situation where a student or the student’s parents did not like the decision, we can talk about it and discuss it afterward, and see if there is anything we can learn from that discussion.”