Published May 5, 2012
Legislation May Impact At-Risk Students
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In a small series of offices above Ben and Jerry’s in the Student Alumni Union, Dawn

Soufleris works each day to help students who are being eaten away at by troubles.

The causes vary from person to person; it could be stress from school, factors at home or even latent mental illness. If the student is overwhelmed and their problems go unnoticed, depression, violence and even suicide are very real possibilities.

As aassistant vice president for Student Affairs and chair of the Student Behavior Consultation Team, Soufleris is responsible for overseeing all student wellness and counseling services on campus. After a troubled student is identified and sent to counselors, she must decide, “Should that student stay at RIT? Or should they go get the help they need?”

If RIT’s counselors aren’t enough to help the person, they may ask the student to take a leave of absence until they receive professional care or the problem has been resolved. Due to a recent change of federal policy, however, her team may no longer be the ones who decide if a student needs to leave.

RIT may soon be forced to change its current policy to comply with changes to Title II of the Americans with Disabilities Act. Right now, Title II permits public universities to force students to take a leave of absence if they are displaying any type of behavior deemed a “direct threat to themselves or others.” The change removes the “harmful to themselves” portion of the law, meaning that such intervening action can only be taken if a student poses a threat to the people around them. It also requires that, in the event a student displays destructive behavior, their case be handled through the university’s judicial system — that is, through a behavioral conduct hearing.

Federal lawmakers agreed to the change after reports that some universities were using the bill to avoid counseling students who showed mild self-harming or suicidal tendencies. Instead, the students would be sent home immediately to remove the possibility of danger resulting from the student’s continued presence on campus.

As a private university, RIT is not required to comply with most changes to Title II. The university can be forced to change its practices only if the Department of Justice decides that the change extends to Section 504 of the Rehabilitation Act of 1973 — an act which deals with discrimination against persons with disabilities. This specifically includes private institutions which receive federal funding. RIT does receive funding from the government, and NTID in particular is federally funded for $65 million of its $89 million annual budget.

RIT hasn’t received any orders yet, however, so it remains to be seen whether or not any changes will actually be made. In anticipation of an order, Soufleris speculates that some universities will start implementing changes anyway. It would not be the first time such an order was made; as early as last year, RIT was forced to modify its practices in accordance with changes to federal laws regarding how universities handle cases of sexual assault.

Soufleris agrees that there isn’t one perfect system to solve everyone’s problems, but she does not feel that the recent policy change will improve the existing system. The new conduct hearing requirement means that a person who would once be asked to leave as a patient with a mental health referal may be forced to leave with a disciplinary record.

Soufleris stresses that no change to RIT has yet been made, and nothing may be needed. In her words, however, “One person can affect 100,” and providing help to one person in need of help can keep others safe and healthy. Until they are directed otherwise, her office will continue doing what they always have: Helping students whose friends and family notice something that isn’t quite right with the person they care about.

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