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[mistyfaerie]

Can a university require mental health treatment for reinstatement after a suspension or is this unwarranted especially considering that the hearing officer is not a mental health professional and therefore should not be authorized to impose this sanction?  Can this be illegal? Especially if the suspension is the solely the result of a first-person account with no other evidence?

[mended_drum]

Haven't you asked this question, or one very like it, before?  It might be best to consult a lawyer.

[pollinate]

Dear Mistyfaerie;

I know that you didn't like some of the responses to your previous thread, but please reread it.  There was quite a bit of good advice there, although I suspect that most of it arrived after you gave up hope.

This good advice included the opinion of an attorney, which is one important thing that you seem to need.

My advice is to do your best to believe that your school does have your best interests at heart and that they are trying to help in the only ways possible to them.  If you could follow their advice, listen to your therapist, and then try very hard to forget all the stress and anxiety and other negative emotions, that will give you the best chance of a positive outcome. 

Your goal, I think, should be to get through this as easily and painlessly as possible, so that you can put it behind you and move on in school and with your life.

Hugs,

Pollinate

[mistyfaerie]

This is different. That previous post was about last year. I wasn't suspended and only had to go to 4 therapy sessions. Now I need treatment for at least 6 months! Unbelievable since I didn't do the things I was accused of!

[stickball]

If you truly didn't do the things you were accused of and suspended for, insist that those who suspended you and who are recommending therapy put the charges in writing.  Then take that letter to a good attorney. 

Note to Pollinate:  schools and other institutions (in general..) have only their best interests at heart, not the best interests of the employees.  C'mon... you know that.  What they're most concerned about is not being sued and not looking bad in the press.

[voxprincipalis]

Can a university require mental health treatment for reinstatement after a suspension or is this unwarranted especially considering that the hearing officer is not a mental health professional and therefore should not be authorized to impose this sanction?

A. What all the others said. Frankly, your posting another question similar to the first but of an even greater level of severity indicates that you evidently did not handle the first situation very well. Were I in the position of one of your university administrators, and had another provoking event occurred (which evidently it did, or you wouldn't be here), I'd likely have taken similar action.

B. In any event, a brief Google seems to indicate that although you should check your University's handbook and judicial code, the answer is YES, they can, and that there is no law that prohibits them from doing such a thing.

VP

[pollinate]

This is different. That previous post was about last year. I wasn't suspended and only had to go to 4 therapy sessions. Now I need treatment for at least 6 months! Unbelievable since I didn't do the things I was accused of!

Ah, now you tell us a critical detail......

Given this, I have no choice but to concur with Stickball and VP. 

Unless you can prove the allegations false (and you apparently can't, or you would have done that already....) you'll have to get treatment if you want to return to school.

[mistyfaerie]

The bad thing about this is the school can't prove I did the things I did because it is based off hearsay (what two suitemates who liv together and are friends, by the way, said). There's no solid evidence.

What could an attorney do? Is it worth going to an attorney?

[the_honey_badger]

On the other hand, going to therapy for the period demanded *could* give you a defense if the therapist agrees that you don't have whatever problem you are charged with having.  Instead of your word against their's, you'd have a professional certification that you don't have "anger management issues" or whatever the charged behavior is.

Bottom line is that you can get an attorney but if there are *two* people claiming you did X, and you can't prove otherwise, you probably aren't going to win.  It comes down to a simple equation as others said: if this is a condition of continued employment and you want to keep the job, then you comply or decide if you have the time, money, and evidence to successfully fight it.*


* I should note that I don't know if you are faculty, staff or graduate-labor.  If you are a grad instructor enrolled in a program? In my system it would be easiest to just drop you from the program and your TAship would follow with that----and they would. Staff? They have the most "rights" in regard to termination proceedures because of system rules at the state level.

[msparticularity]

This is a student, not an employee, so the law involved is quite different, I believe.

[prytania3]

Well, I, for one, am curious as to what the OP was accused of doing.

[yellowtractor]

Well, I, for one, am curious as to what the OP was accused of doing.

Yes, it's hard not to be, under the circumstances disclosed, as well as the manner of disclosure.

OP, what more can we say?  Or what are we not saying, that you want us to say?  Most of us are not attorneys, and none of us have access to either what you were accused of, the evidence, or the details of the penalty applied.  Of course you may consult an attorney if you feel you've been wronged.  Realize, though, that only some attorneys have quality experience with education-related law.  Also, ask yourself what your subsequent position in your program would be like even if you sued successfully.

[yellowtractor]

Also:  if you are a student--as you allege in your earlier thread--then why on earth is this thread here, on the "Department Chairs and Deans" forum?  Mods?

[spyzowin]

Also:  if you are a student--as you allege in your earlier thread--then why on earth is this thread here, on the "Department Chairs and Deans" forum?  Mods?

One would suppose that she is a student looking for advice *from* Chairs and Deans, eg the types of people who are telling her what she is supposed to be doing. She is probably looking to see if any Chairs and Deans here think what is being done to her is right or wrong.

[oldadjunct]

The bad thing about this is the school can't prove I did the things I did because it is based off hearsay (what two suitemates who liv together and are friends, by the way, said). There's no solid evidence.

What could an attorney do? Is it worth going to an attorney?

This sort of leaps out at me.

You seem to be saying you did "it", but there is no proof.  Sounds like so many students demanding that obvious plagiarism needs to be proved.

Actually the seedy part of my personality hopes what you did is much more interesting than "just" run of the mill plagiarism.  That is so 20th century.

I am not looking for death and destruction, and please not another sexual indiscretion.  Maybe if you crapped in your advisor's desk draw, or you are training feral cats in your library carrel to attack grant competitors.

Make it new. Big. Exciting.