The bouts hit without warning. It starts with sharp pain in her stomach. Then for four hours she'll violently throw up every 20 minutes or so, leaving her drained and bedridden in a zombielike state.
Emily Greene suffers from cyclic vomiting syndrome, a rare condition that causes episodes of nausea, gagging, severe abdominal pain, pallor and exhaustion that can come days or months apart. She had a rough time with it this spring, likely triggered by pollen, causing her to miss more days of classes at Augusta State University than are allowed.
Even though she told the university about her condition, a professor dropped her from a 3-D Design class for excessive absences. The 24-year-old art major has lodged a civil rights complaint against ASU that raises questions of just how far a public institution must go to accommodate students with health disorders.
Ms. Greene said she did all the required work from home. The course involves making sculptures from wood, clay, plant parts and other materials.
She said she can't understand why a teacher would want a student in class who's regurgitating bile and curling up on the floor.
"They don't seem to understand that I can't prevent it," she said. "There's nothing I can do but just deal with it when it happens."
Ms. Greene submitted doctors' letters to the university, and ASU's Testing and Disability Services issued an accommodation form in January asking professors to "allow leniency with absences related to Emily's disorder."
But professor Carissa Doying removed her after she missed 10 of 23 classes.
Ms. Greene sent her an e-mail March 27 saying she'd had some rough mornings because of her syndrome but was keeping up with her projects. Ms. Doying's reply urged her to either withdraw or attend more, saying an ongoing project couldn't be completed at home and "you are not getting the full benefit of the course ... This is a hands-on course and I rarely get a chance to see you work much less teach you anything."
Thirty minutes later, the professor sent another e-mail saying, "On further thought, I think it best if I go ahead and withdraw you myself." Ms. Doying said it would be a medical withdrawal, so it wouldn't affect her grade.
Earlier in the semester, Ms. Greene said, she complained to her adviser that the professor wasn't giving her enough hands-on instruction in class, which made Ms. Doying's explanation for dropping her all the more irksome.
THE UNIVERSITY wouldn't allow the professor or the department heads involved in the decision to comment, citing federal privacy laws protecting students. A statement by Public Relations Director Kathy Schofe said Ms. Greene hasn't filed a formal grievance with the university, and ASU hasn't been notified of a complaint by the Department of Education.
"The university makes every effort to provide reasonable and necessary modifications to accommodate students with disabilities to ensure full access to services and benefits," the statement said.
Before filing her complaint April 21, Ms. Greene appealed to Joyce Jones, the vice president for student services and dean of students. Dr. Jones conferred with Art Department Chairman Brian Rust, who sided with the professor.
The university's attendance policy says professors can withdraw students who have missed more than 10 percent of class time. In an e-mail to Ms. Greene, Dr. Jones pointed out that her accommodation form, signed by Testing and Disability Services Director Angie Kitchens, also tells professors, "As always, if she misses too many days and can't meet class expectations, it is up to your discretion to decide if she may remain in class."
"She's writing the law. She can't do that," Ms. Greene's father, John Greene, said of Ms. Doying.
MS. GREENE SAID she was absent just as many times in at least two other classes, Drawing II and Geology, but those professors took no action against her. She wants to be marked "incomplete" for the 3-D Design class so she can pick up where she left off instead of having to start anew.
According to its Web site, the Department of Education's Civil Rights Office will decide whether to investigate the complaint within 30 days, and if it does, it will seek to resolve the matter within six months. If the university is found at fault and refuses to correct the problem, federal funds can be withheld. Ms. Greene can file a federal lawsuit regardless of the department's findings.
University of Georgia Law School Professor Ann Puckett, who teaches a class on disability law, said such a case would probably come down to how hands-on the class was and whether the student's presence was essential.
First the court would determine whether she has a protected impairment, and those rulings can vary from person to person, Ms. Puckett said. Federal law requires institutions receiving federal funds to make "reasonable accommodation" for disabilities.
"In all these cases, it comes down to the details," said Michael Gordon, a co-editor of the manual Accommodations in Higher Education Under the Americans with Disabilities Act .
Mr. Greene said if his daughter can make good grades without attending every class, she shouldn't be held back.
"It's a situation she can't help," he said, "any more than a person who's paralyzed can help it."
Reach Johnny Edwards at (706) 823-3225 or johnny.edwards@augustachronicle.com.
CYCLIC WHAT?
About cyclic vomiting syndrome (CVS):
- It's hard to detect because it doesn't show up in blood work, X-rays or other tests. Doctors diagnose it by looking at the combination of symptoms and a patient's medical history, then excluding other causes.
- Episodes can occur days or months apart, causing sufferers to violently and repeatedly regurgitate bile, curl into a fetal position and shy away from noise and light. An afflicted person might stay in bed for days, unable to go to school or work. Severe episodes can lead to emergency room trips for intravenous fluids.
- Bouts are usually triggered by something, such as infections, allergies, stress, overeating, menstruation or motion sickness.
- It's predominantly a children's disorder, but it can persist into adulthood. It's usually grown out of by about age 20.
- It's unknown how many people suffer from CVS. Some research indicates one in 50 children could have it.
- There's no known cause or cure. Treatment generally involves plenty of rest and sleep, preferably in a dark, quiet room. Anti-allergic, anti-epileptic and heart disease medications can help prevent episodes.
Source: Sudipta Misra, the chief of pediatric gastroenterology at Medical College of Georgia Children's Medical Center and a professor of pediatrics at MCG; National Digestive Diseases Information Clearinghouse
Comments
If the student doesn't have enough hands on instruction and the professor doesn't get to witness the work being done and the decision to drop the student for lack of attendance lies with the professor, where's the problem? If the student qualifies for "incomplete", where's the problem with that? It's a tough situation, but if the student gets to make the rules, why bother with school at all? Why not just give herself a passing grade and go right to a degree?
Well, if she can't go to class, try online courses......
Back in the 70's I had several "incompletes" due to excessive vomiting myself. My condition was triggered not by pollen, but by mass quantities of pizza and beer. I was never cut any slack for not showing up for class, even though all my papers were turned in on time.........things have sure changed. I need to learn how to take advantage of the Americans with Disabilities Act myself. Why is this story even newsworthy?
The study of Visual Arts is not something that can be learned through an online course, Reality.... you have to be there to receive immediate feedback on your work and possible redirection if it is warranted.... and that is all dependent on the professor's point of view of your work. And after complaining about not getting enough hands on attention, the student now wants permission to complete work at home? Seems like a spoiled student to me, someone who has been given everything throughout her educational career because of this CVS. The prof has every right to withdraw her from the course...
come on people -- let a white person sue ---we have rights --dont we???
I don't think there is anyone out there who doesn't empathize with Emily. It's a rotten situation. I think this complaint will have the same end result as that of a similar complaint made by a golfer a few years back. He has some sort of a neurologic or muscular problem that prevented him from being able to walk the full 18 holes of a tournament. He wanted to be able to ride in a golf cart. The final ruling was that his request was outside of the expected norms for tournament play and could actually end up giving him an advantage over his fellow golfers. Part of Emily's class evaluation is the ability of the instructor to be able to carry out that evaluation in a setting that is equal for all students. The disabilities act should provide Emily the opportunity to have fair access to the class - and the instructor's wisdom - it does not excuse her from the same fair evaluation process that the instructor applies to all of the other students. The instructor is right, Emily is wrong. Emily should propose a "work around". How does the instructor know that Emily is doing her own work? Perhaps a webcam? Lots of folks with disabilities figure out their own solutions, ref: Lance Armstrong.
A quadraplegic doesn't participate in activities that would require the use of arms. Someone with a disability learns to work around that disability and pursue a course in life that will lead to success. Proof is that she is able to apparently succeed in classes that do not require face-to-face contact. So, she should perhaps change her major or her focus if this is a true disability. Art can definitely be created in an environment at home but the learning of it cannot. I agree with the professor on this one. She doesn't appear to have been malicious - more concerned with Emily's actual grasp of the material she was teaching. But, a lawsuit?? Are Emily and her father serious? I do hope they are soundly defeated and made to pay for any legal expenses the university or this professor may incur.
Excuses,Excuses! This starts in elementary school,parents make up all kinds of excuses why their kids don't do homework etc... So as they get older they repeat what they have learned.What's going to happen when she gets into the "real world"? Today's young adults want all the perks but they don't want to do anything to get them.
I know a bit about this situation. Students were not required to complete projects in class. I am told Emily had two As and a B in the class. The professor offered a work-around through the first email and then yanked it back 30 minutes later...very poorly handled. Other students have complained that this instructor - a part-timer - spends most of class time on a computer or away from the class. An Incomplete has been given to other students in similar situations and simply allows them extra time to finish the course.
Stop judging her!!
Yeah, stop judging her.
When she put herself out there, she asked to be judged.
So you people are saying that if you were suddenly put in her shoes that you would be OK with being held back over something beyond your control when you are trying your very best to succeed? I don't think you would feel the same if you were actually in her position.
This is a difficult situation for everyone. I teach at a higher education institution and know more about things like this than I wish. I try to work with these situations, but it's easier for me because of the subject I teach. The problems, as usual, boil down to legalities and their conflicting statements. We've got the ADA on one hand (which folks know about) and attendance regulations on the other. The financial aid lenders have cracked down on attendance. When I was in college long ago, some professors didn't even take attendance, but now there are so many students on financial aid that schools have to promise the folks giving out the money that students have attended a certain amount of class. Otherwise, the schools sometimes have to reimburse the money to the agency that paid the tuition, fees, etc. It puts everyone in a bad position when someone is really ill. However, the ADA is very clear that the integrity of the class must be preserved regardless of disability. Geology is different than Art. But, how a student can complain about not getting enough hands-on instruction in class when she's not there, I don't understand. Class is not the time to try to play catch up.
I can not believe some of you people, what a sad world to think how cold other people can be. My nine year old daughter has this problem and how dare you say it's being used as an excuse. I've watched my daughter be so sick that she could barely stand up and it's happen many, many times. It can happen at any time and can be very violent, there have been many times she'd wake up screaming in pain and very sick for hours on end. Why would I use this as an EXCUSE???? This is just like any other physical problem, if someone has a disability what do you say, suck it up why should anyone care???? I try to teach my daughter how to deal with it and go on but we have to modify our lifestyle to be prepared for an episode. Untill your child is vomiting violently hours on end, shaking with weakness, so pale her lips are purple and in so much adominal pain that she can't speak HOW DARE YOU JUDGE ME AND TELL ME IT IS AN EXCUSE!!!!!!!!!!!!!
It all comes down to money (see SomebodyinGA's post) doesn't it? It is very frustrating to attend the class and not have the instructor teach, then have her dismiss you for not being there to instruct. I have also found out that there were only two more projects to be done and one of them was a PowerPoint presentation! It was almost the end of the semester when Emily was dismissed. GloriaWilson said it best, though. If a diabetic was having trouble regulating her insulin and passing out all the time, some of you might could identify with that. Because it's a rare condition, some of you think it's malingering. Some of you seem to miss the point that she wanted to finish the class, had a high class average (she made the dean's list last semester). At the point she was dismissed, she was caught up with the work and didn't even need extra time. Also, her other instructors did not dismiss her, so it's possible this was retaliatory for complaining about the instructor.
Everyone has some type of excuse now days. Some are legitimate and others aren't. Although this is a legitimate absence, it is still and absence and there is no way she can learn the same as if she is in class. Take online classes if you need to stay at home. These crazy law suits are a waste of our time and energy of our courts and should be dismissed immediately.
I think somebody in ga explained it very well. If this person is getting aid for disability, there are stipulations that are to be adhered to. If this class is such a problem for a student, it seems this major is not the correct one for this person. Anyone that gets the hope scholorship must follow specifics or lose the scholorship. This should be true in all cases.
More suppositions. There is no Hope scholarship mentioned in the article. Art is not available on-line. It is not a law suit. It's a complaint with a regulatory agency that monitors when exceptions for a disability are not considered because of "stipulations." She was accomplishing everything with high grades except attendance and other professors were accommodating. When did attendance become more important than academic achievement? In my day and still in major colleges, attendance wasn't required. Good grades were.
If a person's disability is coughing too much in order to speak in front of a classroom or in using a phone to conduct business, that person will not be hired. If they are in class and the coughing is disruptive, the student is politely asked to leave until it is under control. If it interferes with the student's ability to stay in class, they can--and should--be withdrawn. Such student's are good candidates for on-line learning programs. But art is a hands-on class with the requisite of attendance so that the instructor can see how the student is progressing in assigned class projects; this student is not able to meet this requisite and should have withdrawn herself. How is the instructor able to judge her work if she cannot see the student actually performing the work? Perhaps the student can arrange for a tutor that ASU approves of so that she can meet the course requisites. The proposed law suit is not only impractical, but does not address the real issue. Mediation is a better way to resolve this situation because each party must come up with viable alternatives that remain within the context of the law.
Well for you judgmental high horse folks I am a firm believer that one day you will receive what you give. When your turn comes around we will see if you still feel as strongly as you do now.
Oh MY gawsh...People will defend the most asinine actions.
Are we to the point that if a person is unhappy then change the rules? (It must have been a light news day).
ignore these fools, emily, who are lining up to tow the party line. i hope you sue the ELS out of the university system, because it certainly wouldn't be the first (or 100th) time it, including ASU, had discriminated against a disability.
keep your sick self out of public veiw
no one wants to see you puking etc...
sorry your got something like that but,
damn.....yuk
First well said Gloria Wilson!! Second I am appalled, disgusted, and enraged at some of the responses that people have posted. Cyclic Vomiting Syndrome is a serious illness, and Emily was trying to stay out of "public view" and puke at home. Currently there is NO medication to cure this illness, there are some to help control it but they often make you very drowsy. I should know I've suffered from this since I was a child. I have taken 3-D art at ASU, not with the same professor, but the class didn't really consist of much you HAD to be present for, the projects were basically worked on without much instruction. I cannot convey my outrage at this entire situation. For any of you with doubts about this illness I would suggest doing some research before you start bashing anyone with it.
This is about enforcing the rules. I don't doubt that the student is ill and not able to attend class, but if you change the rules with every complaint, then you could just throw out the rules. All students should abide by the rules that are inplace, I doubt that she began classes with no knowledge of the requirements.
"NO CHILD LEFT BEHIND" That is the ruling of Georgia. And she will end up winning her plea. I have never heard of CVS, but then again there are rare conditions that we never heard of. She apperantly filled out proper papers at her enrollment, but due to her abscence other students and parents who have paid money for said course don't feel that it is fair for her to do "Hands On" work at home. "Southern Comfort". Around here it ain't what you know but who you know!!!!!!!!!!!!
Dani, the ADA is all about "changing the rules" for those who can't conform to the rules as a person without a disability can. Again, she was doing the work and making good grades, and the other professors were accommodating her illness.
Just imagine the worse case of food poisoning you have had and CVS is 10 times worse and can hit without warning. Art is a subjective course and attendance should not be the main concern. Emily do what you must to make this right.
Here a few great and educational links you can check out about this illness.
http://www.mayoclinic.com/health/cyclic-vomiting-syndrome/DS00835
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