Tedious College Policies and Procedures- Yes You Have To Follow Them In Your Discipline, Academic, or Other Problem

By Michelle Ball, California Education Attorney for Students since 1995

When college issues arise, handling them can be a bear to say the least.  They can range from minor discipline matters to out and out exclusion from a college or university based on academics or some alleged wrongful conduct.  When these problems develop, a student must look toward and follow the college procedures if they want to "fix" the issue at hand.

Colleges usually have quite a number of written policies.  As indicated in an earlier blog, these policies are typically the main guide for a student with a problem.  Applicable policies are usually outlined in the school catalog, on-line, or in handouts and correspondence from the school.

In a typical college matter, a student could be placed up for discipline for alleged bad acts.  When the student becomes aware of the allegations, the student needs to immediately research the policies relevant to discipline and take all steps to try to address the matter.  Often this involves a disciplinary hearing where the student can bring written evidence, documents, and present witnesses.  If the college issues a punishment without a full blown hearing (e.g. "take this punishment or go to hearing") the student is wise to thoughtfully review the matter, the discipline being imposed, and the risks (or potential benefits, e.g. winning) of going to hearing.  Often, the possibility of overturning a matter outweighs the risks, especially if the discipline has no basis.

Sadly, it is not uncommon for busy college students to simply "take" the punishment issued whether warranted or not.  This common lack of opposition can make colleges lazy when they impose punishment and the discipline may be poorly supported.  This can be good for the student who challenges the college as the accusations may fall apart.

Some of the potential hearings which a student can request or participate in include:

1)  Discipline hearing (re: expulsion, suspension, various forms of discipline and their basis)
2)  Appeal of discipline hearing (may or may not be available)
3)  Grade appeal hearing (oppose an unjust grade)
4)  Grievance complaint (to complain about a situation or individual)
5)  Records correction hearing (granted under FERPA- the Federal Education Rights and Privacy Act).

In any situation, a university student has to apply themselves to the situation at hand and make the most productive noise possible.  This may mean filing one or all of the above internally or going outside the college setting in certain cases.

An attorney can be helpful in college matters to advise the student or draft documents for complaints.  However, check the college policies which may limit attorney involvement in some situations.  For example, an attorney may not be allowed to attend a discipline hearing, but may be able to help with drafting documents, and attending meetings outside the hearing setting.

Regardless, it is a good idea to thoroughly read the college policies and to take action on any matter at hand.  Otherwise, the discipline or outcome proposed will likely be implemented and can have a long-term negative impact.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - Tedious College Policies and Procedures- Yes You Have To Follow Them In Your Discipline, Academic, or Other Problem

Does The Right To Graduate From School Mean A Student Has A Right To Walk At The Graduation Ceremony?

By Michelle Ball, California Education Attorney for Students since 1995

I have been approached in the past by families of students denied the right to walk at their commencement exercise (aka graduation ceremony).  They will be given a diploma, usually via mail, but have been told not to bother coming to the graduation ceremony itself.  Needless to say, families in this situation are very unhappy.

Adding to the issue is usually the fact that the student's family heard about the matter a mere week or two prior to the commencement exercise, which is a once in a lifetime event.

The bottom line is that if a student has met the academic requirements for graduation from, for example, a public high school, they DO have a legal right to a diploma from the institution they attended.  For example, if they get those 220 units, pass the CAHSEE (California High School Exit Examination), and meet their class requirements, they earn their diploma which cannot be denied.

However, the "right" to walk and participate in a graduation ceremony is an entirely different matter as it is not a "right" at all.  Walking at graduation is a privilege, similar to driving, and it can be taken away.

However, a school, in any commencement denial, cannot act in an arbitrary and capricious manner.  Something arbitrary and capricious would generally be something at the whim or fancy of the administration or that is not supported by "fair or substantial reason" (see Zuehlsdorf. v. Simi Valley, 2007 2nd Dist. Cal).  For example, if Joe S. was denied the right to walk only because the Principal did not like him, such denial could be arbitrary and capricious.  But, if Joe was denied because he had 5 suspensions in his senior year and a school board policy said that 5 suspensions meant no commencement exercise, that may not be arbitrary and capricious.

My most recent issue involved a student being denied the ability to walk at an eighth grade graduation.  We won the matter as the rights outlined in the district graduation policy had been denied my client.  Per the school board policy, the student was supposed to receive notice and the basis for the denial, had a right to respond prior to any denial, and he also had an appeal right.  He was denied all of these rights.  To top that off, other students who were in very similar situations to my client were being allowed to walk at graduation.  As such, the denial looked like out and out targeting, which of course is ARBITRARY AND CAPRICIOUS.  When we raised these issues my client graduated AND happily walked at graduation.

In another situation in which I was involved, a high school student received her first suspension during her senior year, and was denied participation in graduation and other senior activities.  We were able to argue that the imposition of such as harsh penalty was arbitrary and capricious.  Needless to say, she walked at her graduation and regained some senior activities.

If your child has been denied the right to walk at graduation, check the school policies to see if they provide rights in the situation, and also attack the decision as arbitrary and capricious if you can.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - Does The Right To Graduate From School Mean A Student Has A Right To Walk At The Graduation Ceremony?

Video Evidence Means Schools Cannot Hide Student Abuse-- Video Of Coach Pulling My Client Aggressively By Hair Opens Door To Action

By Michelle Ball, California Education Attorney for Students since 1995

One of the top stories in my area (Sacramento, California) and apparently around the globe, is that of the female student whose coach attempted to lift her out of the water by her hair at a swim meet.  The student was thereafter told that she was kicked off the swim team and stripped of her swim badges, all because she and another student swam half of their portion of a freestyle swim race.  The word "overkill" seems in order.

This incident has now gone global with internet access to the media.  The man involved, Geoff Capell, has now reportedly quit his position as assistant swim coach and the head swim coach (his daughter) remains.  This is BIG news and such actions can cause BIG problems for school districts.