College Grievance Process
My high functioning Aspergers son is 24 years old and a senior at a 4 year college, majoring in Communications. He aspires to work with Transmedia. Other than schedule reminders and dealing with over stimulation during discussions of controversial topics, his biggest problem in college is other people "trolling" him. During the first day of class on 8/26/13, a student stepped out of class and called the police claiming that my son's hand flapping resembled a gun holding gesture and that he⦠read more
Thank you this is hard but I will do what it takes. It's always one thing after another. My son is certain he does not want a media dance. But we can start a formal, dignified approach with authorities.
I think need to start need to make this an official record, start documenting what happened (preferably letter from lawyer describing and threaten to seek legal remedies) and provide copies to college and the perpetrators. Whether you do actually pursue legal remedies down the road is a different matter but I would put both the college and perpetrators on notice. Hopefully that is enough. I think doing nothing just encourages same behavior. Perhaps get the story out in university or local news media (eg provide them copy of the official letter as well). I realize your son may not want any part of this or be the centre of attention again, so need to balance his needs as well.
The American Disabilities Act (ADA) is one of America's most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life -- to enjoy employment opportunities, to purchase goods and services, and to participate in State and local government programs and services. However when you dig into the law, it's clear that enforcement of this law is against organizations and their representatives (employees).
Since these girls were not employees but customers of the college, they can not be held responsible unless you chose a civil suit and claimed damages for harm (which unless you have a lot of time and money on your hands, that's a big stretch). Now of course the college could choose to disapline the students but you can't use the ADA law against the students.
What you can do is argue that the college is allowing discrimination by not preventing or stopping an incident like this. I wonder where the college administration, the professor and campus security was when the police arrived. It could be argued that the college did not provide equal access because they did not support your son both during the crisis and afterwards. In other words, they allowed him to be harrassed which restricted his right to receive their services. Since you already have accomondations in place for your son, the college is aware of your son's disability so they should protect him and ensure he has equal access. http://www.ada.gov/ada_intro.htm
If you push this, the college may "wake-up" to their responsibilites and be more willing to disapline bullies and outrageous behavior. They may be more ready to engage in a situation. However the downside is the college kids may become more sneaky about harrassing your son.
The Disability law center should be able to advise you. Search for one in your area.
Assuming the pranksters are adults, in addition to dealing with the college I would also be asking the police if charges of harassment would be warranted? These aren't kids in an elementary school anymore. It's high time these adult brats learn there are real consequences for such juvenile actions.
If you didn't speak with the director of the equity office, do that. If you did, I'd take it to the dean responsible for equity.
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