NEW YORK - A depressed Hunter College student who swallowed handfuls of Tylenol, then saved her own life by calling 911, was in for a surprise when she returned to her dorm room after the ordeal. The lock had been changed on the door. She was being expelled from the residence, the school informed her, because she violated her housing contract by attempting suicide. The 19-year-old was allowed to retrieve her belongings in the presence of a security guard.The linked story is the full text of the AP wire story on the incident. It seems that the story is trying to paint a picture of the issue being discriminatory against a person with depression. But the story doesn't have enough information about this case to indicate why specifically the student was evicted and whether it seems there was an ADA violation.
It does seem pretty clear that there was a bit of an ethical violation in terms of how the student's eviction was logistically handled. I would think that regardless of whether she had been belligerent in regards to the decision, the process of informing her of the eviction and helping her move out of the residence could have been handled personally by a dean or someone, rather than changing her locks and having security escort her.
In terms of the grounds for the eviction, the story does not quote the specific reason for the eviction as would have appeared on paperwork used to make the decision. It simply states that she attempted suicide, then returned to find that she was evicted.
There aren't enough facts here. I wasn't there, and I can't find any additional information, so it is entirely possible that this woman was a respectful rule-abiding member of her residence and was evicted for attempting suicide. If this is the case, this would seem to be an ADA violation.
However, given the statistics regarding people who attempt suicide -- particularly in this sort of manner -- it is highly likely that she had presented with threatening and provocative behavior on multiple occasions. The ADA specifically states that a person with a disability can be evicted or fired if he or she has violated a regulation, performed substandardly, or otherwise created a legitimate reason for taking action. It doesn't matter if this was caused by a person's disability.
In terms of a college residence, where there is presumably some expectation of communal decision-making and responsibilities and so forth, it is within the school's rights to expect that residents have an ability to show respect for one another's safety and well-being. If the student was in fact acting in a threatening and provocative manner on a constant basis, she was violating rules. That being said, she might have some legal grounds if it had never been officially pointed out to her that her behavior was affecting others and needed changing. If it had been raised and the behavior continued, then the other students did have the right to have her removed from their residence.
In terms of how someone's illness affects others, it makes a huge difference whether someone has sought some amount of help and is able to assure others of this. It absolutely jeopardizes the safety and well-being of others if someone is frequently broadcasting that she is feeling suicidal, then refuses any sort of help. It's a vastly different picture if she can at least tell a concerned housemate that she has established a relationship with a counselor. Or even that she calls a hotline somtimes. Or that she reads freakin self-help books.
No matter how desperate and hopeless someone is, it's her responsibility as a student, housemate, or employee to take steps to see that her illness is not getting in the way of having basic respect for others. She may not be able to immediately stop cutting her arms, but she can refrain from doing so in the residence's living room, and she can wear long-sleeved shirts, and she can assure a concerned housemate that she's getting treatment for it. She may not be able to immediately stop feeling depressed, but she can stop leaving pills and razor blades and ropes around her room, and she can stop running to a different acquaintance each night screaming that she is going to kill herself.
I don't mean to be insensitive, and I do believe that people who are hurting deserve the utmost compassion. Part of this compassion should be that these folks aren't allowed to become the person who, 10 years later, has to live with the fact that she made her housemates and professors sick with worry and helplessness while at the same time angry and resentful. If someone's illness is really keeping her from abiding by the rules of her residence or school or workplace, the duty of compassionate people is to see that she finds somewhere that is more equipped to support someone who is in such pain.