Misconduct caused by a disability is still misconduct

Relying on cases in the employment law context, the U.S. 5th Circuit Court of Appeals (our federal appeals court) tossed the lawsuit of a University of Texas at Austin (UT) student harassing her professor.

Obsessive student

Jennifer Brantley was a student of Professor Scott Wolford. She emailed him three to four times a day writing about:

• Her past trauma;

• Decisions over her major; and

• Descriptions of her mental disabilities and attempts at self-diagnosis.

Distressed professor

Brantley’s constant emails went on for two months. Wolford asked her to stop, but she persisted. Because this constant barrage caused “a tremendous amount of distress,” he filed a complaint with UT. 

Following an investigation, Brantley was placed on disciplinary probation along with an instruction to cease contact with Wolford. She sued.

‘My disabilities made me do it!’

Brantley claimed a variety of disabilities—including attention-deficit/hyperactivity disorder (ADHD), complex post-traumatic stress disorder (PTSD), and premenstrual dysphoric disorder—which causes processing and communication impairments. But the court made short work of her disability-related claim: