MEMORANDUM-DECISION AND ORDERI. INTRODUCTION On November 17, 2017, plaintiff Jane Doe brought suit against defendant Skidmore College for failure to make reasonable accommodations in violation of both Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12182, and the New York Human Rights Law (“NYHRL”), N.Y. Exec. Law §296. Dkt. No. 1 (“Complaint”). Defendant timely filed an answer to Plaintiff’s Complaint on February 12, 2018. Dkt. No. 7 (“Answer”). Now before the Court is Defendant’s motion for judgment on the pleadings, brought pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Dkt. No. 9 (“Motion”); see also Dkt. Nos. 9-1 (“Memorandum”), 12 (“Opposition”), 13 (“Reply”). For the reasons that follow, Defendant’s Motion is granted in part and denied in part.II. BACKGROUNDA. Factual BackgroundPlaintiff, “an intelligent, talented young woman [with] great potential,” Compl.13, enrolled in Defendant’s undergraduate program in September 2014, seeking a bachelor’s degree in American Studies, id.8. At that time, Plaintiff “was provided by Defendant with Defendant’s policies regarding academic criteria for graduation…as well as the appeal procedures in the event of an alleged breach” of those policies. Id.6.Although Plaintiff had, since 2009, suffered from attention-deficit/hyperactivity disorder (“ADHD”), id.9, her first two years at Skidmore passed largely uneventfully. The parties agree that Plaintiff was “on the Dean’s list” for the spring semester of her first year, id.9; Answer10, and Plaintiff claims that she was invited “to write for admission to [Skidmore's] academic honor society” at the end of that year. Compl.9.However, during the summer of 2016 — between her second and third years — Plaintiff participated in “Cognitive-Behavioral Therapy.” Id.9. She subsequently failed two courses during the Fall 2016 semester. Id. Then, in January 2017, “Plaintiff exhibited symptoms to her psychologist and psychiatrist that met the criteria for Major Depression,” id.10, and she was “diagnosed with Major Depressive Disorder” in addition to ADHD, id.11.On January 22, 2017, both Plaintiff and her mother separately contacted “Ms. Hegener”1 in order to “get the appropriate support (reasonable accommodations) in place for her.” Id.14. The three women met the next day “to discuss specific accommodations” that Defendant could provide for Plaintiff, including the following eight accommodations recommended by Plaintiff’s doctor: (1) a housing change; (2) tutoring and one-on-one support; (3) a possible reduction in Plaintiff’s course load; (4) distributing Plaintiff’s syllabi to Plaintiff’s parents; (5) distributing Plaintiff’s grades (including her midterm grades) to Plaintiff’s parents; (6) notifying Plaintiff’s parents if Plaintiff missed any “assignments, meetings, classes, milestones, etc.;” (7) copying Plaintiff’s parents on “any emails, text messages, mailed notices or other communications” sent to Plaintiff “from professors, advisers or other Skidmore personnel” about her academic performance; and (8) requiring Plaintiff’s professors and advisors to send her academic communications through text messages or live phone calls, as well as emails. Id.15. Following that meeting, Plaintiff and her mother also met with Elizabeth McPhee, an academic advisor employed by Defendant, on January 26, 2017. Id.20. According to the Complaint, the same eight accommodations were also discussed at that later meeting. Id.The parties dispute Hegener’s and McPhee’s responses to Plaintiff’s requested accommodations. Plaintiff claims that Hegener agreed to all of the requested accommodations, except the provision regarding Plaintiff’s midterm grades. Id.
15-18. According to Plaintiff, McPhee also agreed to all of the requested accommodations, despite initially expressing some reservations about the texting requirement. Id.20. Eventually, Plaintiff claims that McPhee agreed to “work out the texting issue,” “even if [the texts] had to go through [McPhee's] office.” Id.Defendant, on the other hand, claims that Hegener and McPhee agreed to the first four accommodations (the “Accepted Accommodations”), Answer
