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  1. #1
    Join Date
    Nov 2019
    Posts
    2

    Exclamation Can My School Kick Me Out

    My question involves false light in the state of: Implied lying?

    Ok this sounds ridiculously complicated. I attend a Christian University in SC. Last semester I was diagnosed with a brain tumor and when I communicated that I had a tumor, and the reason for my absences with my professors it came to the attention to the vice president of student life. Since my school is christian, it's private. Many people have told me there's not much I can do about my situation because they're a private institution. Here's the situation:

    One of my professors mentioned it to someone to try and get me some help. The vice president then became very invested in my circumstances he wanted me to provide medical records. Which was fine except he was not trying to get me financial help or even school help. I felt as if he wanted my medical documentation so I could prove all of my absences even though I had provided certified excuses from my health team. Now I have provided medical records prior to being enrolled because it is a requirement but they wanted the dates of all of my radiation treatments, chemo sessions, and the list of all my medicines.I did not feel comfortable giving this information because I felt I had met their burden of proof. I even provided a statement from my doctor with my diagnosis. They were not trying to raise money for me, or help me out in any way. If they were I may have considered handing over the information. Ever since last spring they interrogate me. They have called my emergency contacts and asked them if I really have cancer, they have threatened to kick me out if I don't give them this information even though I've already been excused and passed all of my classes.

    This year after having 2 emergencies while on campus they held a meeting and told me I couldn't have any more emergencies while on campus because I'm a distraction even though all I did was pass out AND fall off my bunk bed which was 8ft up--months apart! In the meeting they gave me a list of directives such as I had to turn over all documentation regarding my cancer, I had to not have any more emergencies where EMS had to be called, I had to give them a notification every time I saw a doctor (cancer related or other) even dentist, and I had to notify them of all upcoming appointments. Otherwise, I would immediately be kicked out and forced to move back home. I began following through until they sent an email. They told me they would send an email with the directives after the meeting but when I received this email days later, I found out it had been sent to multiple people, even professors that were not mine.

    In the email, it implied that I was not being honest about my diagnosis because they received supposedly "conflicting information"--which is a lie because the only person they spoke to was me, and my emergency contacts who have all confirmed my illness. My doctors say no one has contacted them.
    I got fed up and handed over all of my medical records and asked them to retract their statements or to at least clarify that I am not lying. They called my doctors, confirmed my diagnosis but refuse to let anyone know that I am being truthful. Now, none of my teachers are willing to help me make up assignments, I'm currently in danger of failing because they wouldn't take any late work, and also people treat me rudely and question everything I say.

    By implied I mean they said "We want you to be truthful, we have received conflicting information regarding your claims of a malignant brain tumor" In the email they also had every instance where I had to go to the hospital from campus over the past 2 years and also things that happened while I wasn't on campus or on holiday break. On-campus I've only had 2 emergencies, and off-campus there have been countless others. They asked me about every time I went to the hospital or doctors and I was upfront and honest but they turned around and included all of those dates and medical info in the email without asking my permission or anything.

    My questions:
    Can they kick me out over not providing information (even though I did eventually)
    Can they release personal health information to multiple people without my permission?
    can i require them to clarify/retract slanderous implications?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,292

    Default Re: Can My School Kick Me Out

    Can they kick me out over not providing information (even though I did eventually)
    Depends on the terms and conditions of your contract with the university. Your "contract" is the school catalogue, rules, etc that you agreed to abide by when you enrolled.

    Can they release personal health information to multiple people without my permission?
    Depends on why and to whom. Study up about HIPAA to see if it applies to your situation:

    https://www.hhs.gov/hipaa/for-professionals/index.html

    Even if there was a violation, the law doesn't give you a personal cause of action, just the ability to file a complaint with the federal government. You might want to google your state's privacy laws and see if there's anything there.

    can i require them to clarify/retract slanderous implications?
    Nothing in your story suggests that anything slanderous occurred. Frankly, your medical condition makes you a serious liability risk to the university and I'm not surprised that the university administrators and staff are taking draconian precautions.

    Otherwise, all I can suggest is that you consult an attorney if you believe that you have been wronged to the extent that you might be entitled to monetary compensation.

  3. #3
    Join Date
    Oct 2014
    Posts
    7,463

    Default Re: Can My School Kick Me Out

    Quote Quoting adjusterjack
    View Post
    Depends on why and to whom. Study up about HIPAA to see if it applies to your situation:
    HIPAA prohibits most health providers and health insurance companies from disclosing protected health information (PHI) without the consent of the patient except for certain situations provided for in the regulations that allow disclosure without consent. If the university has a health clinic or hospital that health clinic or hospital is subject to HIPAA, but outside of that the university itself is not.

    Quote Quoting adjusterjack
    View Post
    Nothing in your story suggests that anything slanderous occurred. Frankly, your medical condition makes you a serious liability risk to the university and I'm not surprised that the university administrators and staff are taking draconian precautions.
    The University may have a problem however. While it is a private university, pretty much every university in the U.S. takes federal funds. If it accepts federal funds then the university is subject to the federal Rehabilitation Act of 1973. Among other things, that Act provides protections for disabled students much like the ADA does. Indeed, the Rehabilitation Act was the model used for the ADA. As a result, the university may owe an obligation to the OP to provide accommodation for the problems caused by the tumor. More information on the Rehabilitation Act as it applies in education can be found on the Department of Education website here: https://www2.ed.gov/about/offices/li...ransition.html

    I suggest that the OP see an attorney who is familiar with the Rehabilitation Act for advice. Even if there isn't the prospect of a money judgment the Act may still be useful in getting the university to provide accommodation to help with the academic issues he/she faces.

  4. #4
    Join Date
    Nov 2019
    Posts
    2

    Default Re: Can My School Kick Me Out

    Note: I do not want any monetary compensation. I just want to know if they can ask for documentation every time I go to the hospital or doctors and be notified of future appointments even when they're not scheduled when I have class. I've already proved I have cancer, they have accepted my academic appeal last year but this year they're asking to be involved in my medical appointments when I have not missed class this year, or had any emergencies this academic year. I want to know if thats allowed because it is not outlined in the handbook nor is any other student required to update the school every time they have an appointment or go to an appointment. I feel like I'm being targeted just because I have a serious illness. My illness does not affect me today like it did last year because I am aware of it now. Theres no rules about providing documentation except our complete medical history at the beginning of the school year. It even says we are not required to update them of any change in medical condition until the next school year, which I did. The schools nurses office is in direct contract with a local hospital and the nurse shared my personal information without my permission to numerous individuals

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