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Doctor's note as "Get out of jail free" card

Started by marshwiggle, November 24, 2022, 05:35:40 AM

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research_prof

#15
So here is a story I heard recently: a student got involved in a minor car accident and sustained a minor injury (nothing life threatening, but indeed something that could be annoying and could hinder the ability of someone to work at full capacity). The student received a doctor's note saying (and legitimately so) that the student could not work at full capacity and they should be given extra time to submit assignments, etc. The student was also employed as a teaching assistant, so they were excused from this duty (with full pay) for the entire semester. The semester was over (spring semester), the student was asked by their advisor to work on their research during summer. The student returned with a doctor's note saying the same thing. The student was excused again from performing their duties but with full pay as a research assistant (yes, the advisor was paying the student through a grant without being able to actually work on the grant). The fall semester started, the student was asked to be a TA, take courses, and conduct their research. The student once more returned with a doctor's note saying that they cannot. The graduate program director reached out to HR. HR advised that the student should take a medical leave without pay since they had already received full pay for more than 9 months (while in theory they should have received only 6 months of paid medical leave per HR policies as all other university employees). The graduate program director met with the student and explained that the student will need to take an unpaid medical leave and because the student was on a student visa, they would have to return to their home country. The student "magically" could work at full capacity the next day.

Ruralguy

Its probably a scholarship managed bythe FA office.

Ruralguy

Sorry, i was referring to the previous post.

marshwiggle

Quote from: research_prof on November 25, 2022, 05:49:21 PM
So here is a story I heard recently: a student got involved in a minor car accident and sustained a minor injury (nothing life threatening, but indeed something that could be annoying and could hinder the ability of someone to work at full capacity). The student received a doctor's note saying (and legitimately so) that the student could not work at full capacity and they should be given extra time to submit assignments, etc. The student was also employed as a teaching assistant, so they were excused from this duty (with full pay) for the entire semester. The semester was over (spring semester), the student was asked by their advisor to work on their research during summer. The student returned with a doctor's note saying the same thing. The student was excused again from performing their duties but with full pay as a research assistant (yes, the advisor was paying the student through a grant without being able to actually work on the grant). The fall semester started, the student was asked to be a TA, take courses, and conduct their research.

I have absolutely no idea why anyone would ask this student to be a TA under those circumstances.
It takes so little to be above average.

research_prof

Quote from: marshwiggle on November 26, 2022, 05:04:23 AM
Quote from: research_prof on November 25, 2022, 05:49:21 PM
So here is a story I heard recently: a student got involved in a minor car accident and sustained a minor injury (nothing life threatening, but indeed something that could be annoying and could hinder the ability of someone to work at full capacity). The student received a doctor's note saying (and legitimately so) that the student could not work at full capacity and they should be given extra time to submit assignments, etc. The student was also employed as a teaching assistant, so they were excused from this duty (with full pay) for the entire semester. The semester was over (spring semester), the student was asked by their advisor to work on their research during summer. The student returned with a doctor's note saying the same thing. The student was excused again from performing their duties but with full pay as a research assistant (yes, the advisor was paying the student through a grant without being able to actually work on the grant). The fall semester started, the student was asked to be a TA, take courses, and conduct their research.

I have absolutely no idea why anyone would ask this student to be a TA under those circumstances.

The unwritten rule for phd programs in my field is that students will be supported for the entire duration of their studies. If a student's advisor does not want to support them through a grant (or does not have a grant), the student needs to be given a TAship.

marshwiggle

Quote from: research_prof on November 26, 2022, 05:57:16 AM
Quote from: marshwiggle on November 26, 2022, 05:04:23 AM
Quote from: research_prof on November 25, 2022, 05:49:21 PM
So here is a story I heard recently: a student got involved in a minor car accident and sustained a minor injury (nothing life threatening, but indeed something that could be annoying and could hinder the ability of someone to work at full capacity). The student received a doctor's note saying (and legitimately so) that the student could not work at full capacity and they should be given extra time to submit assignments, etc. The student was also employed as a teaching assistant, so they were excused from this duty (with full pay) for the entire semester. The semester was over (spring semester), the student was asked by their advisor to work on their research during summer. The student returned with a doctor's note saying the same thing. The student was excused again from performing their duties but with full pay as a research assistant (yes, the advisor was paying the student through a grant without being able to actually work on the grant). The fall semester started, the student was asked to be a TA, take courses, and conduct their research.

I have absolutely no idea why anyone would ask this student to be a TA under those circumstances.

The unwritten rule for phd programs in my field is that students will be supported for the entire duration of their studies. If a student's advisor does not want to support them through a grant (or does not have a grant), the student needs to be given a TAship.

But surely if the student can't work as a TA, the institution doesn't have to hire them, (or pay them regardless)?
It takes so little to be above average.

research_prof

#21
Quote from: marshwiggle on November 26, 2022, 04:13:43 PM
Quote from: research_prof on November 26, 2022, 05:57:16 AM
Quote from: marshwiggle on November 26, 2022, 05:04:23 AM
Quote from: research_prof on November 25, 2022, 05:49:21 PM
So here is a story I heard recently: a student got involved in a minor car accident and sustained a minor injury (nothing life threatening, but indeed something that could be annoying and could hinder the ability of someone to work at full capacity). The student received a doctor's note saying (and legitimately so) that the student could not work at full capacity and they should be given extra time to submit assignments, etc. The student was also employed as a teaching assistant, so they were excused from this duty (with full pay) for the entire semester. The semester was over (spring semester), the student was asked by their advisor to work on their research during summer. The student returned with a doctor's note saying the same thing. The student was excused again from performing their duties but with full pay as a research assistant (yes, the advisor was paying the student through a grant without being able to actually work on the grant). The fall semester started, the student was asked to be a TA, take courses, and conduct their research.

I have absolutely no idea why anyone would ask this student to be a TA under those circumstances.

The unwritten rule for phd programs in my field is that students will be supported for the entire duration of their studies. If a student's advisor does not want to support them through a grant (or does not have a grant), the student needs to be given a TAship.

But surely if the student can't work as a TA, the institution doesn't have to hire them, (or pay them regardless)?

The student claimed disability, so if someone essentially terminates the student, the university will be sued. In any case, I agree this could have been handled in a better way, but my point is the student found this situation convenient and tried to sustain it until it really was not in their favor.

clean

QuoteThe student "magically" could work at full capacity the next day.

SCAM ALERT!

In my graduate program, long, long ago, there was a foreign student mafia of sorts (or an underground information railroad).  These foreign students would get jobs as TAs of some sort, but were not able to teach classes until they passed the "Speak English Test"  (yes, that was the name).  However, funding was limited for 3 years. After 3 years, they either had to teach or go unfunded. The 'word' was that they should actively fail the test since they could not then teach, and teaching was lots more work than not teaching!  (And as they claim to not speak English, many would fain not understanding the task until the prof they were assigned just gave up asking them!)

This worked for all but one student I knew.  He was in the MA program, and pulled all of the tricks, but applied to the PHD program, was accepted, but NOT funded!  He was famous for shirking, and THAT was the best that my former program could do.

The point is, that as soon as they ran out of 'easy money' and all that was left was teaching, Amazingly they speak fluent English!  Perhaps it is that they spent all of their free time to learn the language, but I know better!!   

Anyway, I have frequently been asked for money (though not in a long time) from them, but I would tie up the phone lines on the students that were roped into calling alumni to remind them how important their contributions were.  I would regail the current students with my tales of woe, and end by telling them that "When money was important to me, I got next to nothing.  So as far as I am concerned, I have ALREADY given all of the blood, sweat, tears, much less cash, that the are going to get from me." 


So bringing this back to the topic.... I would not be surprised that THIS student's gravy train has run dry, and has amazingly recovered from their issues 'just yesterday'!!

Dont fall for it!  IF I had any other options, I would not hire them, if I had a choice! 
"The Emperor is not as forgiving as I am"  Darth Vader

research_prof

Quote from: research_prof on November 26, 2022, 04:38:32 PM
Quote from: marshwiggle on November 26, 2022, 04:13:43 PM
Quote from: research_prof on November 26, 2022, 05:57:16 AM
Quote from: marshwiggle on November 26, 2022, 05:04:23 AM
Quote from: research_prof on November 25, 2022, 05:49:21 PM
So here is a story I heard recently: a student got involved in a minor car accident and sustained a minor injury (nothing life threatening, but indeed something that could be annoying and could hinder the ability of someone to work at full capacity). The student received a doctor's note saying (and legitimately so) that the student could not work at full capacity and they should be given extra time to submit assignments, etc. The student was also employed as a teaching assistant, so they were excused from this duty (with full pay) for the entire semester. The semester was over (spring semester), the student was asked by their advisor to work on their research during summer. The student returned with a doctor's note saying the same thing. The student was excused again from performing their duties but with full pay as a research assistant (yes, the advisor was paying the student through a grant without being able to actually work on the grant). The fall semester started, the student was asked to be a TA, take courses, and conduct their research.

I have absolutely no idea why anyone would ask this student to be a TA under those circumstances.

The unwritten rule for phd programs in my field is that students will be supported for the entire duration of their studies. If a student's advisor does not want to support them through a grant (or does not have a grant), the student needs to be given a TAship.

But surely if the student can't work as a TA, the institution doesn't have to hire them, (or pay them regardless)?

The student claimed disability, so if someone essentially terminates the student, the university will be sued. In any case, I agree this could have been handled in a better way, but my point is the student found this situation convenient and tried to sustain it until it really was not in their favor.

To be more specific, the student requested and received a temporary disability accommodation (for one semester). In other words, they were saying they were ok to start working again at the end of their disability accommodation term. At the end of this term, they received TA/RA support and once the semester started, they returned with another doctor's note. It is mafia tactics as clean mentioned. I am suspecting the student was hoping the university would make the "mistake" to terminate them so that they can sue.

clean

I say enforce the doctor's note!  IF the note says that they are unable to work, then, at this point, they are unable to get paid, and MUST take the term off... THAT is what the doctor said was best! 

Better safe than sorry and no one wants to risk her getting hurt or having a relapse (covered by worker's comp this time!)

Dont argue with the Doctor!  Trust the note!


Let THAT get on the underground information railroad!
"The Emperor is not as forgiving as I am"  Darth Vader

Stockmann

Did anyone verify the authenticity of the doctor's notes? In any case, if they're so unwell, shouldn't they take a medical withdrawal?

Ruralguy

That's what I say if any illness or extreme problem extends past about two weeks ("maybe you should contact Dean X and talk about a [medical] withdrawal?"). To have this go on into multiple semesters is ludicrous.

clean

QuoteTo have this go on into multiple semesters is ludicrous.

Ludicrous to some, scam to others, but 'the optimum action' to some (i.e. the best/most profitable way to play the game!)
"The Emperor is not as forgiving as I am"  Darth Vader

mamselle

Has anyone confirmed that the whole "story" is even true?

M.
Forsake the foolish, and live; and go in the way of understanding.

Reprove not a scorner, lest they hate thee: rebuke the wise, and they will love thee.

Give instruction to the wise, and they will be yet wiser: teach the just, and they will increase in learning.

Caracal

Quote from: research_prof on November 26, 2022, 07:02:00 PM
I am suspecting the student was hoping the university would make the "mistake" to terminate them so that they can sue.

I very much doubt that you could get a lawyer to take a case like that. That isn't how the ADA works. A disability requires reasonable accommodations. You can't just have a doctors note that says you have an injury and won't be able to fulfill the requirements of a student in a program. If the student's condition made it impossible for them to serve as a TA, it is possible that they might be entitled to some kind of alternate assignment. If their medical condition kept them from performing their duties, they could be entitled to leave. But there's no law that allows a student or employee to just present a note stating they can't do their work anymore and sue if they get terminated.