Anne Bucher  |  May 21, 2018

Category: Consumer News

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Last week, Stanford University and the Board of Trustees of the Leland Stanford Junior University were hit with a class action lawsuit accusing them against discriminating against students with mental health disabilities.

“Despite being a highly selective university regularly ranked in the top five nationally and globally and charging tuition in the range of $50,000 per year, Stanford maintains antiquated policies, practices, and procedures related to mental health that violate anti-discrimination laws,” the Stanford University class action lawsuit says.

“This is especially troubling in light of the surging numbers of college students reporting declining mental health as they struggle with challenges such as being away from home for the first time and pressures related to drugs, alcohol, and dating; all while juggling the rigorous demands of academics, especially at an elite institution such as Stanford.”

The plaintiffs include three Stanford students who participated in mental health treatment and were subsequently barred from campus and were faced with “onerous requirements” in order to return to the university. Mental Health & Wellness Coalition, a membership organization made up of more than 20 student groups, is also listed as a plaintiff.

The Stanford University class action lawsuit points to recent studies of students indicating that 35 percent of students met the criteria for at least one mental health disorder. Twenty percent of students have reportedly considered suicide during their time at college, and suicide is reportedly the second-leading cause of death for college students.

According to the Stanford mental health class action lawsuit, students who receive support for their mental health challenges are more likely to remain in school and graduate. However, only half of students experiencing a mental health crisis seek assistance, “largely due to the justified fear of stigma and negative consequences,” the plaintiffs allege.

The plaintiffs claim that Stanford handles students exhibiting mental health behaviors especially poorly, and responds by kicking students out of its programs and housing when students engage in self-harm or other disability-related behaviors.

“Stanford has a practice of pressuring students, immediately after reports of crisis behavior, into taking leaves of absence; requiring immediate withdrawal from all classes, programs, and housing, without an individualized evaluation of reasonable accommodations,” the Stanford class action lawsuit says.

Further, the university requires students who wish to return to Stanford to write statements accepting blame for their behavior and allow their medical records to be evaluated by university doctors who allegedly second-guess the students’ physicians, the Stanford mental health class action lawsuit says.

The Stanford mental health class action lawsuit alleges these policies, practices and procedures illegally discriminate against students with disabilities. The plaintiffs assert claims for violations of the Americans with Disabilities Act, the Fair Housing Act, the Unruh Civil Rights Act, the California Fair Employment and Housing Act, and other violations.

The plaintiffs are represented by Stuart Seaborn, Monica Porter and Maia Goodell of Disability Rights Advocates.

The Stanford University Mental Health Discrimination Class Action Lawsuit is Mental Health & Wellness Coalition, et al. v. Stanford University, et al., Case No. 5:18-cv-02895-NC, in the U.S. District Court for the Northern District of California.

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