PROVIDENCE – Brown University reached a settlement with the U.S. Attorney’s Office and the U.S. Department of Justice that resolves a finding that the university violated Title III of the Americans with Disabilities Act by not allowing students who took medical leave for mental health reasons to return to school, the department announced Tuesday.
As part of the agreement, Brown will pay $684,000 to compensate undergraduate students affected by the university’s decision against readmission, and the university will revise its undergraduate policies and practices to be consistent with Title III. In addition, the university will provide training for its staff and faculty on Title III.
As part of the settlement, Brown did not admit wrongdoing and the school “expressly denies liability with regard to all of the United States’ allegations.”
The alleged violations took place between fall 2012 and spring 2017, the Department of Justice said.
“Universities play a critical role in fulfilling the ADA’s promise of equal opportunity for individuals with disabilities. Instead of imposing extra barriers on students seeking to return to campus from medical leave, universities must reasonably accommodate students who are treating their mental health disabilities,” said Acting U.S. Attorney Richard Myrus. “I want to thank Brown University for its cooperation throughout our investigation and its willingness both to address the issues identified and to compensate the students who were wrongfully denied readmission. The policies that Brown has agreed to implement should serve as a timely reminder to other colleges and universities to ensure that their medical leave policies must not discriminate against students with mental health disabilities.”
The Department of Justice noted that “Title III of the ADA requires places of public accommodation like colleges and universities to provide individuals with disabilities, including mental health disabilities, with an equal opportunity to participate in their programs and services.”
Cass Cliatt, senior vice president for communications at Brown, said “The Department of Justice reviewed Brown’s undergraduate medical leave readmission policies and procedures that were in effect for a period five to nine years ago; Brown has made comprehensive changes to its policies since then. These policies pertain to students seeking to return from a medical leave of absence from the University to care for their mental or physical health.
“While we are confident that our prior policies and procedures complied with federal law, we believe that today’s settlement offers a more productive resolution than a protracted litigation process that would require financial and time investments that are better reserved for supporting student success on campus,” Cliatt said, noting that “Brown has strong policies in place supporting undergraduate students who take medical leaves to support their mental and emotional well-being.”
The university said it has made several related policy changes since 2017, with a particular focus on “communication with students during the leave process as well as with clinicians who may be treating students during medical leaves.”
(SUBS last three paragraphs with Brown comment.)
