Twelve Tips To Winning School and College Disputes

By Michelle Ball, California Education Attorney for Students since 1995

Most parents see schools as places where their kids go daily, while they are at work or taking care of other household needs, and forget about them.  College students may view their universities as a large mass of buildings and detached college staff and instructors.  Students and parents may be shocked and confused when a problem arises at a school or college  and may not know what to do. 

THE BASICS OF APPROACHING A SCHOOL OR COLLEGE PROBLEM

There are some fundamental recommendations I have when it comes to dealing with schools and getting desired outcomes for students.   These should generally apply to many issues that come up, from school discipline, expulsion, and suspensions, to special education, IEP (Individualized Education Program) or 504 matters, college hearings, sports eligibility, student targeting by teachers or professors, grade appeals, and many other matters being encountered by students in day to day life.

1)  Know the rules:  When you run into a problem in a school or college, find the rules which apply to the situation.  These may be found in the school handbook, on the website, in program handbooks (e.g. a "Handbook for the Nursing Program"), and in many other places.  Boards of education also issue policies which are online, usually under the "Board" section of a school district website.  For the UC Regents, there are rules that apply to all UCs found usually on the relevant Regents page, or on the specific college website.  Find any and all policies and rules related to the student issue.  Read them, clear up any misunderstood words or concepts in the policies/rules and truly understand them.

2)  Gather Information Specific To The Student:  One of the first things I do in matters is to request student records.  For students pre-college, parents can submit a request for the student's files and all evidence that may relate to any pending matter.  For college students, a similar request may be filed.  Timelines are usually 5 business days for public schools (before college), and maximum 45 days under FERPA (Family Education Rights And Privacy Act).  Some colleges bind themselves to shorter time periods for production which can be discovered when researching relevant school policies.  For private entities, if they take federal funds, they usually are bound to federal laws on production.

3)  Write A Timeline:  Another important component to really understanding a matter and later communicating with a school or college about it is a timeline.  Does the student really know what happened when, and who was involved?  Get it on paper so it is clear.

4)  Gather Support:  Does the student have documents that relate to the matter at hand, or texts, or pictures, etc.?  All documents should be gathered together and connected to the timeline.  If evidence may be online, printing it out and downloading a copy can be very worthwhile as I have seen schools change websites and remove documents after they found out they were at issue.  If a screenshot or copy of critical evidence was not downloaded or printed, the proof can vanish.  

If you have witnesses, depending on the situation, they can potentially be contacted.

CAUTION:  There are times, particularly in discipline matters, when an accused student should not contact potential witnesses as this could be misinterpreted as witness intimidation, so be cautious in contacting potential witnesses.  Minor witnesses should only be contacted through their parents, if at all.

5)  Put Appropriate Things In Writing:  It is easy to cold call a school official and blab about a matter, and that may be necessary, but it is also important to put a competent communication together in writing which outlines the situation and the student's  position.  This is an important component to ensuring that points are

not just forgotten, such as on a phone call where no one takes notes.  What is the truth about the situation, what do the school or college's own rules say about it, and what data  supports the thing being sought?  It can be a double-edged sword, however, as putting things in writing can be negative if letters are full of threats or wild allegations and can cause problems.  As such, it is key to write the letter objectively and factually, and to remove as much emotion as possible.  If the author cannot write it in an effective way, they may need to get help from someone they trust to ghost write it. 

CAUTION:  If an accused student puts things in writing, whatever is written could be seen as a form of "admission," so accused students need to be hyper-cautious lest any documents be pulled out and used against them as testimony

6)  Make Personal Contact With School Officials:  This can be necessary if a student wants to achieve their goal and it cannot be achieved via written communication alone.  Again, an accused student, such as in a suspension or expulsion matter, will want to carefully consider how this is approached so it does not harm their matter.  It will depend on the situation.  Many times meeting with one school official, then maybe another, will be necessary to try to achieve a goal.

7)  Filings:  Is there an official process if personal contact does not work?  If so, it should be considered.  There may also be an outside agency which could be contacted to file something (sometimes students have only one option- the outside agency or the school).  Students need to determine the internal and external processes available and their likelihood of success in either one.

8)  Rally Support:  Some students or parents think getting a bunch of protestors outside a school can help, or getting on the news will somehow intimidate the school or college.  I do not turn to the media for leverage, as I find that they usually have their story already written before they talk to me- and who knows if that will go against my client's position or not?  Once media is allowed in, sometimes the lines can get blurry on what can be printed/not printed online or otherwise.  

As far as a group of supporters: groups can be effective if they are a cohesive group of students or parents with strong positions individually (for example, they or their child were also wronged).

9)  Be Smart:  With any school issue, be it appealing a grade, or opposing an expulsion, it is important to be professional and act intelligently.  School administrators judge us on how we act, so students and parents should be thorough, well versed and professional in all communications, and keep emotion to a minimum.  Help school administrators focus on the facts by keeping it clear, concise, by presenting documented support and communicating in a way they can accept.  

10)  Know Your Audience:  Realize who you are talking to, bureaucrats and people generally unmotivated personally by any threatened loss.  It is not usually the school administrator's house at risk if a student is wronged.  School and college officials are 

not like other retail establishments who care about their clientele returning.  There is a high demand for their services and with public schools, students are often stuck in their school of residence.  As such, although administrators may not want issues, they have less motivation to resolve them than the average grocery store, as they have so much power over students.  This sometimes results in administrators talking down to students or parents.  Triumph over this by  thoroughly knowing your position and any leverage you may have.

11)  Be Persuasive:  Persuasion is key, and this may be seen in communications that outline the situation in a way that leads the reader (e.g. school administrator) to the student's side.  Persuasive writing is somewhat of an art, but essentially if an administrator can imagine themselves as the student and get into that viewpoint, they may move toward helping that student if possible.  Effective communication and persuasion are critical.

12)  Present Solutions That Meet Both Sides Needs:  To reach a resolution, it is important that whatever outcome a student or parent requests, it is made "easy" for the school to provide that outcome.  For example, you are not asking for them to buy a $200,000 schoolbus to get your kid home, but are only asking for a daily taxi ride, due to issues with the special education bus.  What could you and they both accept which solves the problem?  Be creative and communicate ideas which both sides could be happy with in the end, and which are possible.  Many parents don't even have an idea of what they want or don't tell the school what will satisfy them, so it is a step-up for a parent or student to tell the school or college staff their goals so they can try to reach them collaboratively.

Almost any school matter can be approached with these steps which can effectively educate the student, parent, and school, and help students win their disputes by reaching resolutions that work in the school or college setting.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting.  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

 

READ MORE - Twelve Tips To Winning School and College Disputes

College Professor Targeting Of Students- What Can A Student Do?

By Michelle Ball, California Education Attorney for Students since 1995

Colleges can be tricky places to navigate.  They are especially tricky when a student encounters a professor who acts in inappropriate ways toward them.  Students often won't take action as they believe they may face retaliation or a failing grade if they complain, and unfortunately, they might.  But, if students don't do something, the college professor may continue with their harassing or wrongful conduct and even push the student out.  It is a tough spot.

Some examples I have seen, many during college clinical or internship placements, which seem almost ridiculous when reviewed, but are true:

〰A nursing student raises their hand and points out a difference between what the professor is saying and the textbook explanation.  The professor thereafter targets the student and starts lowering their grades on papers and other assignments, which means the student is in danger of failing.

〰A student contradicts a professor's assertion about them and the professor thereafter investigates them by interviewing multiple individuals to justify getting them kicked out of their major/school.

〰A professor does not like a student's political statements in class and later falsely accuses the student of recording and posting him on line, and subjecting the professor to ridicule.  The student never recorded anything but is then referred for discipline.

〰A professor does not like an older student who will not just take everything the professor says as gospel, and the student is thereafter monitored and written up on every possible occasion.

〰A professor fails to implement a disabled student's accommodations, which leads to a bad grade and termination from the program.

I usually find out about such student abuse when the student fails their course, finds out they are placed on remediation, is kicked out, or can just smell that something bad is about to happen.  

Here are some potential out-of-court actions which could potentially help or protect the student:

1)  Start a good and detailed timeline with actual dates, details and any proof.   

2)  File a grade appeal (if relevant) with the college.

3)  File a grievance/complaint against the professor with the college or university for wrongful conduct if there is enough proof.

4)  File a claim with the United States Department of Education Office for Civil Rights (OCR) for discrimination/retaliation OR

4a)  A claim could also be filed with the University for discrimination/retaliation, but students generally only get one shot to allege discrimination via administrative processes (depending)- and have to decide who they think would address the matter more fairly- their college, or the Office for Civil Rights.

5)  Elicit help from the college's student disability office (if relevant).

6)  Bring witnesses if possible when speaking with the professor or university staff about the professor so they cannot allege inappropriate conduct by the student.

7)  Document everything. 

8)  Appeal any college discipline or other negative outcome and bring up the improper conduct by the professor.

9)  Encourage others to file complaints on the professor, as if no one files them, the college is not on notice of issues.  

10)  Try not to do anything to exacerbate the situation!

Some college professors are very used to being the most important person in the room and I think this can go to their heads.  They may not be used to being challenged or even questioned, and can react negatively afterward.  They also tend to be hard to challenge as grading in many areas is so subjective and they can often defend their sly lowering of grades by saying that was their opinion.  As such, students need to start protecting themselves when they even slightly smell a rat as that rat can bite and negatively impact their future graduation and career.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting.  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

READ MORE - College Professor Targeting Of Students- What Can A Student Do?

Filing A UC or CSU Discipline Appeal Within The College: Bases For Appeal

By Michelle Ball, California Education Attorney for Students since 1995

College punishment can come swiftly and harshly, ending with a suspension or even an expulsion for minor activities.  Even in the University of California (UC) and California State University (CSU) college systems, the discipline can be unfair and result in an unjust outcome.  As such, a prompt internal (within the college itself) discipline appeal may be warranted, IF the college provides an appeal process.

Regardless, in all cases, it is extremely critical that the student prepare well for and try to get the best outcome at their first discipline hearing, so they can potentially avoid an appeal.  

If an appeal must be pursued, it will all depend on the exact college policy.

In the UC and CSU college systems, overseen by the UC Board of Regents and the California State University system, respectively, one would think that discipline policies would be uniform in all colleges under one body, such as all UCs or all CSUs.  Not exactly.

The UC system has a statewide policy, called PACAOS (Policies Applying to Campus Activities Organizations and Students) confirming there must be a campus discipline appeal process in place on college campuses, but what that process must include, is not defined.  As such, bases for an internal appeal are set campus to campus and can vary greatly.

For CSU, the state group has Executive Order 1098 (EO 1098) which covers student discipline statewide, but which does not discuss a clear internal appeal right.  Each CSU campus and their policies have to be consulted to determine what rights exist.

CSUS (California State University Sacramento), policy, for example, mentions that:

The student shall have the right of due process and appeal in matters of student discipline...

But, the appeal rights and bases are not delineated.  CSUS also has an internal grievance process which allows students to appeal if  they feel their rights were violated.

UC policies offer an internal appeal, but can vary on the bases, so it may be easiest to look at a few for comparison.  

At University of California, Davis (UCD), the policy regarding the bases for filing a legitimate appeal with UCD state as follows:

A student... [may] file a written appeal of the decision, on one or more of the following grounds: 

1. there is no substantial basis in fact to support the findings;
2. the sanction is inconsistent with the findings;
3. there was unfairness in the proceedings;
4. or there is newly discovered important evidence that was not available at the time of the hearing. 

... An appeal may be denied, granted in whole or part, or other relief may be directed where appropriate. 

The great thing about this policy, is that there are 4 potential areas for a UCD discipline appeal, including unfairness in the proceedings, a punishment that was way too harsh, and otherwise.  Students may be able to overturn or reduce punishments lodging such an appeal.  Nothing is mentioned in the UCD policies about increasing the punishment if a student appeals.

With UCLA, there is a different, much more restrictive policy for UCLA internal appeals:

If the Dean imposes a sanction of Deferred Suspension, Deferred Dismissal, Suspension, or Dismissal, the Student may appeal the sanction, to the Vice Chancellor of Student Affairs, on the grounds that the sanction assigned is substantially disproportionate to the severity of the violation.

The UCLA policy limits students to appealing only for disproportionate punishment.  It also includes this little gem, that the Vice Chancellor who receives the student's appeal:

...may impose any one or more [additional] sanctions, even though such decision may result in the imposition of more severe disciplinary action.

This means that the appeal is not only a chance for justice and reduced punishment, but also for a harsher punishment.  This is disturbing and likely stops many students from lodging an appeal.

UC Berkeley (UCB) has a different appeal policy:

An appeal must be based on newly discovered evidence that was not available at the time of the hearing, significant procedural error, or upon other evidence or arguments which, for good cause, should be considered.

This is a much broader appeal right as it covers "other evidence and arguments" without restriction.  This could mean a wide swath of appeal arguments may be considered.  UCB has a provision that the discipline can not only be lessened or reversed, but that the matter can also be sent back for a rehearing.

The UC campuses also vary largely in timelines for internal appeals and some windows are VERY short.  Students need to pay close attention and act fast.

Which public 4 year college a student attends in California will determine if there may be an internal appeal right and/or the bases which the college will consider when a student tries to overturn a wrongful college suspension or expulsion.  Students should check the policies and get their appeals timely submitted with proper documents and evidence supporting all potential appeal bases.  If a student fails to file an internal appeal per the policies, their discipline may become final.  As such, knowing the policies of the school a student is attending is key.  

Ultimately, however, remember this: solving the matter at the first discipline hearing will avoid any internal or other appeals altogether and as such, preparing that matter well, with proper evidence, witnesses and documents proving the student is innocent, can be the most important thing to do.  

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting.  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

READ MORE - Filing A UC or CSU Discipline Appeal Within The College: Bases For Appeal

Transitioning To College As A Disabled Student And Getting Support While You Are There

 By Michelle Ball, California Education Attorney for Students since 1995

Transitioning from high school to college can be exciting and challenging for young adults.  For a student who was previously on an IEP (Individualized Education Program) or Section 504 plan (accommodations plan) in high school, the challenges increase.  However, proper planning and talking to the right folks at the college or university where the student will attend or is attending can help.  

Students should be aware of changes that will occur as far as their obligations and the support levels to which they are entitled.  There is no more IEP plan or process, as all school IEP obligations vanish when the student graduates from high school.  There is no mandatory "504 meeting" to develop accommodations, nor obligation of staff to follow up for the student in college.  This means the student may be on their own, if they don't get a college support plan put in place and take steps to get it known and applied.  

Section 504 obligations continue to apply with colleges accepting federal funds, and the ADA (Americans with Disabilities Act) applies to most colleges, excluding religious colleges.  For public colleges, one looks to ADA Title II, and for private non-religious colleges, ADA Title III.  Housing requirements may be covered by the Fair Housing Act.  Other laws may also apply.  However, no one is obligated to do anything unless they are notified by the student of their disability and needs.

For academic and other accommodations, the first step is to contact the college or university's disabled students office, such as the "Student Disability Office" if a student attends the University of California, Davis (UCD), or the "Services for Students with Disabilities Office" at the California State University, Sacramento (CSUS).

Once a student makes contact, they should follow the procedures outlined by the college to become a registered disabled student.  This may involve provision of various documents evidencing a disabling condition, as well as meetings to discuss the student's needs in the classroom and at the college.  The discussion which ensues is typically called the "Interactive Process" during which the student should indicate what they think could assist them, with the school personnel offering their take on potential effective accommodations to help meet the student's needs.

The college is not obligated to alter the fundamental program in which the student must participate or the requirements for a degree, but they can set up items which can ensure the student proper access to the curriculum equal to other students.

Typically, there is a back and forth which may continue outside the meeting process, with a document eventually developed outlining what professors must do and put in place in their classrooms to assist the student.  The plan can also offer solutions for physical barriers and needs on campus, such as with regard to parking, accessible entrances and other items for the student to access their education and the campus.

Often the "plan" must be taken by the student and provided to professors who will need to implement it, prior to classes starting and/or before the student wants the accommodations to take effect.  This is different from during high

 school, where the obligation was on the school or school district staff to notify teachers and ensure an IEP was being implemented.  Now, the obligation to notify staff may be on the college student, depending on who must be notified (e.g. with some restrictions the student would not have access to applicable personnel and the college may need to step in).  

If there are issues with enforcement, the student can follow any internal process to resolve issues, or they can also file complaints outside the college with the US Department of Education's Office for Civil Rights or the US Department of Justice, Civil Rights Division, depending on the type of college.

If you or a loved one are in college now, and have disabilities, but don't have a formal support plan, it could be a good idea to look into what is available.  Even if a student is having no apparent issues or needs, it is often best to get these plans in place before an issue arises, as after it arises, the student cannot usually attack the college for "noncompliance" if the student either did not set up a a plan or failed to notify their professors about the plan.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting.  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

READ MORE - Transitioning To College As A Disabled Student And Getting Support While You Are There

California College Suspensions And The Right To A Hearing Within Ten Days

By Michelle Ball, California Education Attorney for Students since 1995

Pursuant to California Education Code section 66017, a California Community College, California State University (CSU), or University of California (UC) may suspend a student for willful disruption, to protect lives or property, or to ensure the maintenance of order.  [This is not an exhaustive list.]  However, if the suspension by the college is issued immediately (e.g. the student is kicked off campus right then), the student is legally entitled, per this section, to a hearing within 10 days.

If the college suspension is not issued immediately (e.g. the student is still allowed to attend classes) or is merely proposed, 66017 states that the hearing must be "prompt" which may or may not mean "within 10 days."  I would argue the college student is still entitled to a hearing within that amount of time.

Section 66017 also instructs colleges to adopt procedures and appoint personnel to deal with discipline matters on campus.  Other code sections also apply depending on the type of college involved.  Needless to say, I have seen students suspended with no hearing in sight, which is unacceptable.

If you are suspended from college, insist on a prompt hearing within 10 days so you can get back to your studies.  We all know how long ten days can be away from college classes and the impact can be devastating.  When I attended the University of California, ten days was more than one tenth (1/10th) of my whole quarter!  I would certainly have missed a lot of classes, and my grades could have declined significantly, with such an extended period of absence.

Simple knowledge of timelines and assertion of rights can help college students survive the surprise of an unexpected suspension.  Hiring a student attorney can't hurt either.

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

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

Please see my disclaimer on the bottom of my blog page. 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 - California College Suspensions And The Right To A Hearing Within Ten Days

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