A former Syracuse University graduate student has sued the university in federal court for dismissing him on the grounds of a mental health disability.

Eugene Scott, a former student in the College of Human Services and Health Professions, said he was denied a medical leave of absence for mental health problems and was unfairly treated by university administrators after he struggled in school due to his disability. He is suing for $300,000 as well as punitive damages in excess of $1 million.

Scott, who said he was diagnosed with a major depressive disorder in 1995 and again by the SU Health Center in 1998, has also made allegations against the university’s Office of Disability Services for denying him help for his illness and the Registrar’s Office for illegally withholding school records.

The Registrar’s Office denied they had anything to do with the situation, and several phone calls to Disability Services Interim Director Steve Simon were not returned.

The suit lists 14 defendants, all SU administrators and professors that Scott says willfully allowed his dismissal to go through unfairly. The list includes HSHP Dean Bruce Lagay, Vice President for Undergraduate Studies Ronald Cavanagh and Linda Littlejohn, assistant dean of enrollment in HSHP and several professors.

Lagay and Cavanagh declined to comment on the allegations.

The complaint was filed with the Northern New York U.S. District Court at the end of July 2003, but the university has yet to file a response. Associate Vice Chancellor for Academic Affairs Mike Flusche said university officials will not comment on the case, adding that he ‘will not even acknowledge the lawsuit exists.’

In the wide-ranging 14-page complaint, Scott detailed dozens of alleged transgressions on the part of 14 SU employees. One of the most serious accusations is against the Office of Disability Services, which Scott claims refused to accommodate his request and told him that ‘Syracuse University does not provide accommodations to students with mental health disabilities.’ If true, this would place the university in violation of the Americans with Disabilities Act of 1990 and likely result in a substantial fine.

Scott’s complaint indicates that his claimed mental disorder was disregarded as invalid by many in the university. This includes Littlejohn, who Scott said wanted to ‘get rid of me as soon as possible.’

Rebecca Cory, an education grad student, is a member of the Beyond Compliance Coordinating Committee, a student group that deals with disabilities. She said she would not be surprised if the types of charges Scott is making could be valid at any institution.

‘I think that many people don’t understand how depression can impact a person, what it means for their daily living,’ Cory said. ‘We don’t believe in psychiatric impairments in the same way we believe in ones that we can see.’

But Scott, who is representing himself in the case after attempts to find pro bono representation failed, may have a difficult time meeting the threshold required to prove he has a disability. Arlene Kanter, director of clinical legal education and an expert in disability law at SU, said that it has become increasingly difficult for plaintiffs in disability cases to prove the limiting effects of their disabilities. In order to qualify, a disability must be shown to ‘substantially limit a major life activity.’ In Scott’s case, he would have to prove that his depressive disorder substantially limited his ability to finish required coursework – a difficult proposition for someone without legal representation facing a major university.

The university has yet to file an answer to Scott’s complaint and has successfully petitioned to delay an in-person hearing, originally scheduled for Feb. 10, until March 22. At that hearing before U.S. Magistrate Judge George H. Lowe, Scott and the university’s lawyers will decide whether to settle the case or take it to trial.

Scott is confident that he will prevail in the case, adding that his is not the first disability lawsuit filed against SU.

‘This is not just me. I’m just the only one that filed in federal court,’ Scott said, citing a suit settled two years ago by SU law student Tracy Bernson for an undisclosed amount. ‘I don’t intend to settle.’

Published on February 15, 2004 at 12:00 pm