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?

Corporal Punishment: Intentionally Causing Physical Pain To A Student Is Prohibited in California

By Michelle Ball, California Education Attorney for Students since 1995

School staff willfully inflicting physical pain to students is considered corporal punishment and prohibited in California unless certain exceptions exist.  As such, hitting, pulling hair, pinching, kicking, and other forms of physically painful contact with a student, usually are unacceptable and illegal.

In California Education Code section 49001, "Corporal Punishment" is defined as: "willful infliction of, or willfully causing the infliction of, physical pain on a pupil."  This means that any PHYSICAL PAIN caused intentionally to a student, by a person employed or engaged by a school, is not okay.  Would purposefully slamming a student into a wall, spanking a student, slapping their hand with a ruler, and/or lifting a student out of a pool by their hair be considered "corporal punishment?"  To determine this, ask yourself: was physical pain caused to the student?  Was the physical pain intentionally caused by the school representative?  If the answer is yes, the conduct could constitute prohibited corporal punishment under section 49001 so long as it does not fit under an exception.

Education Code section 49001 lists the exceptions to corporal punishment as follows:

"An amount of force that is reasonable and necessary for a person ... to quell a disturbance threatening physical injury to persons or damage to property, for purpose of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil is not ... corporal punishment.  "

If a student were pulled by their hair to prevent drowning, knocked into a wall in an attempt to obtain a gun, or hurt when the staff member was trying to stop them from being punched, causing physical pain might not be considered prohibited under the circumstances.  But we can all see how that is different from going after a kid to cause them pain with no legitimate reason.  If there were harm caused in a justified situation, the only question then would be, was the physical pain caused "reasonable and necessary?"  That may be a matter of opinion as even in "self-defense," staff can go to far.

If parents encounter what they believe to be intentionally caused physical pain and/or harm by a teacher or other school representative, they may want to file a personnel and/or other type of complaint to ensure the person involved is corrected and the matter resolved.  Otherwise, the staff member could continue their improper conduct with even more dire consequences the next time.

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: 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 like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

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.

originally published 5/16/2011, updated 4/8/2019

READ MORE - Corporal Punishment: Intentionally Causing Physical Pain To A Student Is Prohibited in California

Why Won't The School Implement My Child's IEP Or 504 Plan?

By Michelle Ball, California Education Attorney for Students since 1995

Time and time again, I meet with parents who are baffled why their child's IEP (Individualized Educational Program) or 504 Plan (accommodations plan) is not being implemented at school.  Sometimes parents do not notice for years that although their IEP or 504 has many items which are supposed to be done, not all of them ARE being done.  This can be a heartbreaking discovery as lack of implementation may waste years of valuable time for a child.

Special education (both IEPs and 504 Plans fall under special education), is awash with issues like this.  There are always questions of qualification and what to include in the IEP or 504.  But, once the 504 or IEP is finally complete, most parents mistakenly put their minds on other things, trusting the school to follow through.  Not so fast.  A parent's job is NEVER EVER done when their child is in school, special education or otherwise.  Rather, parents have to babysit the school and their implementation of any IEP or 504.

So many parents trust school personnel to act like the parent would in life- responsibly.  Yes, teachers and staff are generally responsible adults and carry out their duties; however, there are a large portion of them who do not always do ALL that is required of them.  In other words, some things get left behind: perhaps 504 accommodations or IEP implementation in the classroom?

Teachers may also lack knowledge, either because no one followed up with them after an IEP/504 meeting, or the plan got buried in their in-basket.  Sometimes there is an attitude of "That is not my job," or "I am too busy with my other kids to work on this."  IEPs or 504s can be poorly written as well, or so vague as to be almost meaningless.  Maybe they are too dense to be easily digested by teachers, who remain confused so do not act.  Schools themselves can also be disorganized and/or constantly putting out fires, thereby dropping the "small stuff."  Once in a while there are staff who flat refuse to honor IEPs and 504 Plans.  In all of the above, only the squeaky wheel gets attention.

Parents must remain on top of the situation to ensure their child does not get overlooked.  Email to teachers and staff weekly can help ensure that items in the IEP are being implemented and can also alert a parent to problems.  If staff refuse to email back or communicate with a parent, this must be addressed immediately. The obligation for the teachers to respond can be written into an IEP or 504.

Speaking with the child to see if services are being done is also important.  For example, is the student being pulled out for services?  Is someone working with them in class?  Is the student able to go to the resource room to take tests?  What should be being done at school depends on the IEP or 504 Plan.  

A classroom inspection to see how things really are at school can often be illuminating.  School visitor policies should be followed.

Ultimately, our trust in the schools and their competence should be earned.  And it has to be earned yearly, depending on the staff involved.  I have far too many times met with parents who trusted for years, only to find out their child never received a service and has deficient skills.  It is very difficult to get those years back in education-land.

You make sure items are being done and implemented.  You ensure your child is getting the services he/she is entitled to, and which are agreed to in his/her IEP or 504 Plan.  Take an active, albeit respectful, role in your child's education so your child can win the education race, and not be left in the dust.

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: 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 like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

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 - Why Won't The School Implement My Child's IEP Or 504 Plan?

When In Doubt Go To The School District

By Michelle Ball, California Education Attorney for Students since 1995

Are you frustrated that your school's Principal or Vice Principal are not listening nor acting adequately on your school complaints?  Are you being given a blank stare when you sit in the office telling your tale?  Is your child's problem not being resolved?  When problems are not resolved at the school site, don't forget the school district.

I have sat and consoled many parents who have complained to their child's principal or other school staff about issues, such as continual bullying, targeting by a teacher, a dangerous situation on campus, issues with a student group, etc. to no avail.  The parents complain of getting nowhere, being treated like idiots or bothersome pests, and know their issues are not being taken seriously.  They are at a loss.

Often these parents do not know nor think to involve their school district.  I think some parents believe that their school district may reflect the same attitude as their school or that the district won't give the parents any help.  It is possible no help will be forthcoming, but not always the case.  Often, a school district will try to help and they can even order the school to take action.  

Yes, I do hear from some parents that a district referred them right back to the school or that the district did not get back to them, but generally, districts are separated just enough from their schools to be somewhat objective in hearing parent complaints.

So, if everything is not immediately roses at the school and you can't get anywhere, what do you do?  Here are some suggestions to get attention from the district (and maybe the school):

1)  Put your issues in writing, supporting them with specific facts and documentation (no wild unsupported accusations please), perhaps in the form of a factual summary and other attachments proving your point.

2)  Submit it to the District accompanied by a list of what you want to be done to resolve the situation.

3)  Submit in writing and cc via email.

4)  Request a meeting with the district staff regarding your issues and help with resolution.

5)  Follow up on your submission with a call if you don't hear back in a reasonable time.

6)  Politely persist until you get a meeting with the district or feel the matter has been adequately handled.

You can also formalize your complaints to the district via internal complaint forms, and can even submit personnel complaints on the school staff (e.g. Principal or others).  Be mindful, however, that if you are deciding whether to file an internal complaint (with district/school), or to file with the United States Department of Education (USDOE), California Department of Education (CDE) or even your local grand jury, there may be limitations on whether those bodies will accept a complaint if a formal complaint is already proceeding at a district.  In other words, agencies don't like to waste resources and accept a filing if another agency is already investigating.

If you get nowhere, or depending on how you want to proceed, you could also opt to get attention by having legal counsel send something in writing and/or bringing an attorney to a meeting (with advance notice).  If things ramp up when you contact a district, they will usually really ramp up when you bring in legal counsel.

Now, I won't say that all districts you contact will do the right thing, will do what you want, or otherwise, but often parents who are not getting anywhere with the school administration will make some headway by involving the higher ups at their local school district, as these folks have the power to override school staff to get the job done and the matter handled.  

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
Email: help@edlaw4students.com

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 like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

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 - When In Doubt Go To The School District

Teacher Tenure: What Is The Big Deal? Incredible California Case May Change The Future Of California Education For The Better

By Michelle Ball, California Education Attorney for Students since 1995

This week, Judge Rolf M. Treu, Superior Court of California,  in Vergara v. State of California (2014) determined that our teacher tenure, seniority and dismissal laws (California Education Code 44921(b), 44934, 44938(b)(1) 44944, and 44955 ) are unconstitutional as they breach California students' rights to a quality education.  You may be saying- ho hum who cares, so I will attempt to explain the very BIG DEAL this case is.  

First, I don't know about you, but since birth I have heard that teachers are measly low paid workers who barely scrape by.  This urban myth is false.  Teachers work approximately 9 months a year, yet get paid very favorable salaries.  Per the California Department of Education "Average Salaries & Expenditures Percentage" publication, teacher salaries in 2011-2012 ranged from: $38,390-$42,865 for a beginning teacher fresh out of college.  For a longer term teacher, salaries range from $70,797-$89,290.  When you factor in that teachers work only an average of 9 months a year, teachers' real pay becomes evident.  Taking the amounts above and dividing them by 9 months, the "real" annual wage may be factored:

Beginning teacher wage/nine months = $4265.55-$4762.77/month 
Yearly (12 months) this is: $51,186.60- $57,153.24/year actual wages

Higher level teacher wage/nine months = $7866.33-$9921.11/month 
Yearly (12 months) this is: $94,395.96- $119,053.33/year actual wages

Now, I know some will scoff and say "I work 9.5 months a year," or "Your math is all wrong."  Nine months is a "best guess" factoring in winter break (2 weeks) spring break (1 week), President's Day break (1 week), summer break (2 months+), and all other school holidays.  If teachers get these off, they work about 3/4 of the year or 9 months while the rest of us trudge along roughly for just under 11.5 months (presuming 2 weeks off+).  As far as the hours they put in, I don't see that they squeeze 11.5 months worth of hours into 9 months time.  Rather, I see teachers leave meetings early as they are "not contracted for the meeting time."  If a teacher is told they have to stay, they seem to be paid extra, above and beyond their regular salary.

Additionally, teachers reportedly receive some of the best benefits around for health, retirement and otherwise.  Kudos to their unions, which are some of the most powerful in the nation.  

With the cherries on top of teacher tenure (you get a permanent job after two years of work), first in last out laws (seniority), and the difficult dismissal procedures (heightened/much more complex/expensive than "normal" government employees), once a teacher is "in" a district, they are IN, maybe for life, irregardless of work performance.

Now, if they were all doing a great job, tenure would not be an issue, but California schools are some of the worst in the United States, and teachers are at the heart of the mess our schools have become.  As Judge Treu states:  

All sides ... agree that competent teachers are a critical, if not the most important, component of success of a child's in-school educational experience.  All sides also agree that grossly ineffective teachers substantially undermine the ability of that child to succeed in school. (page 7)

In Vergara  (page 8), Judge Treu reports that there are estimated to be 2,750-8,250 "grossly ineffective" teachers in California schools, thrust for the most part on low income areas and minority students (page 15).  With the seniority rules and special termination procedures for teachers, however, the removal process is described as taking from 2-10 years at a cost potentially up to $450,000+ taxpayer dollars (page 11).  Most districts forgo the dismissal process as a result. This means the bad teachers stay and students pay the price.

Time and time again I meet with parents who get stuck with one of these grossly incompetent teachers.  The teacher is checked out, can't teach well, or berates and criticizes the kids incessantly.  But, despite years of issues, complaints, etc. the school district can't get rid of this teacher because they are "tenured."  Now, the 400th discarded kid ends up in this teacher's class as the school has no other choice and it is hellish.  The child's parents are at their wits end and ultimately, the child wastes their time, learns nothing, and you and I (the taxpayers) are paying for it.  Vergara cites an almost 10 month loss of education when a student is placed with a grossly ineffective teacher (page 8).

The big deal here is that teachers basically get a permanent job no matter how well or how poorly they teach.  If you have ever seen the fabulous documentary "Waiting for Superman," you will remember the scene with the room full of teachers, removed from the classroom, yet who could not be fired.  Rather than subject students to them, the school district paid them their full salary while they sat in a room and twiddled their thumbs day after day.  At taxpayers expense.  It was cheaper to keep them there than try to fire them. Why should schools have to do this?  Heightened due process when firing teachers (e.g. just because they are teachers) should not apply.

I am very happy about the decision this week to end teacher tenure, seniority and heightened termination laws, while also being very nervous the decision will be overturned on appeal.  I hope Vergara stands, as how California goes, so goes the rest of the United States.  It's about time we took A HUGE HURDLE out of our kids' way so they can have a chance at their education.  I applaud Judge Treu for turning teachers into something they never were: employees who can be terminated if they do a bad job just like the rest of us.  Now parent personnel complaints may just be acted upon properly, for the benefit of the people the school system was set up to help: our kids.

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
Email: help@edlaw4students.com

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 like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

READ MORE - Teacher Tenure: What Is The Big Deal? Incredible California Case May Change The Future Of California Education For The Better

How To Appeal A Student's Grade In California

By Michelle Ball, California Education Attorney for Students since 1995

Have you ever felt that a public school grade was wrong in a particular class or that your child was graded unfairly on his student work?  California law has a solution for you!

Per California Education Code section 49066, the teacher determines the final grade for a student.  However the grade can be challenged for:

- Clerical mistake
-  Fraud
-  Bad faith, or
-  Incompetency

If one of these can be shown, the Superintendent or Board of Education for the school can overturn a grade issued by a teacher.  The teacher, however, is "to the extent practicable" to be included in discussions regarding the grade, and to be allowed to state orally or in writing, the reasons the grade was issued.

I have seen many bad teachers in my time, unfortunately, who may issue grades improperly.  If a grade issues because the teacher was incompetent, is discriminatory, is based on whim or fancy, or another error exists,  it can be challenged.  With college scholarships and admission on the line, challenging a grade can be a wise thing to pursue if there is a basis.

If you disagree with your child's grade, don't sit on your rights: challenge it.  Your reward may be a correct grade and a higher grade point average (gpa) for your child.

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
Email: help@edlaw4students.com

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 like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

READ MORE - How To Appeal A Student's Grade In California

Teacher's Termination Upheld For Sexually Explicit Craigslist Ad Not Connected To School

By Michelle Ball, California Education Attorney for Students since 1995

Some time ago, a question was sent to me via my Twitter account regarding just WHAT is enough to get a teacher terminated.  Termination is up to the individual school district involved and what is enough may be very fact specific.  However, some instruction on just what a teacher can be fired for was outlined by the California Court of Appeals, Fourth District in its decision San Diego Unified School District v. Commission on Professional Competence (2011) issued this week (May 3, 2011).

In its opinion, the Court of Appeals upheld a District termination of a teacher for posting a highly explicit sexual ad on Craigslist seeking male-on-male companionship.  The ad included four pictures, two of which were very intimate pictures of the teacher, while another showed the teacher's face.  The ad did not reference the teacher's employment, name, nor was the ad connected in any way to the teacher's school activities.  However, according to the opinion, the ad was viewed by a parent who reported it to the Principal.  Later, an investigator was assigned and the teacher was terminated.

Although the ad was personal and outside the purview of daily school activities, the Court upheld the termination for "immoral conduct," and "evident unfitness." This was based in part on the activity, the fact that a parent and the Principal had seen the ad, and also based on deference to the school district as the final arbiter of who is fit to work in their district.

Also instructive on teacher termination is a prior decision by the Commission on Professional Competence (CPC) upholding a teacher's termination for failing to get her English Language (EL) certificate for 8 years, in direct contradiction to her district's orders.  Her termination was upheld as she was found to have been unprofessional and insubordinate (see a summary here by the attorneys who represented the district).

Even though such certification was not legislatively mandated, the Court of Appeals for the Third District in Governing Board of Ripon School District v. Commission on Professional Competence (2009) found that school districts can impose additional requirements on their employees, above and beyond what is outlined in the law.  The district in that case (Ripon Unified) was required to provide access for its EL students to its programs, but could not assign an EL student to the teacher's classroom (she was the only music teacher) due to her lack of EL training.  The teacher's continued refusal to be trained got her terminated.

To be clear, I do not represent teachers in their employment law matters, but do help parents lodge complaints on teachers with districts.  As such, I wanted to provide a little flavor of a couple of the issues which can get a teacher terminated, including off campus personal conduct.  If a parent is having problems with a teacher, they should involve an attorney to file a personnel complaint,http://www.craigslist.org/about/sites and may want to investigate the teacher's on and off campus behaviors, as these can give a district the ability to terminate the teacher in question.

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 - Teacher's Termination Upheld For Sexually Explicit Craigslist Ad Not Connected To School