Law and Rights
What is one of the first steps a student should take when faced with a problem at a college, such as a discipline matter or internship difficulty? The student should first check the written POLICIES of that college.
This may sound like a simplistic answer, but one of the first questions when evaluating a private or public college matter is "what do their policies say?" This is because colleges generally are supposed to follow their own written policies. This seems obvious, but despite the fact written policies exist, colleges do not always follow them. This failure may be asserted against a college to the student's advantage to lessen a proposed punishment or reverse an action taken by the college..
State and federal laws are of course always important and can define mandatory items required of colleges. These often will be memorialized in college policy, particularly in the public colleges. But, colleges also have areas which remain unaddressed by state or federal law. Colleges may then create a policy to fill the gap which they may thereafter be obligated to follow.
For example, there may be no state or federal law regarding internal hearing appeal rights, or the right of an attorney to attend a college discipline hearing. These matters thus may be defined in college policy.
I have been involved in multiple matters where colleges had written policies which were not followed. This gave me leverage to resolve a seemingly unresolvable matter. For example, I became involved in a situation where a California university student had already had his discipline hearing prior to my involvement. The outcome had been very negative for my client. However, when I reviewed the matter and found numerous breaches by the college of time limits, hearing rights, and other items outlined in the college policy, we were able to renegotiate the matter and reduce the penalty to an amount which was less than half of the original penalty. This was a great outcome indeed.
Best of luck!
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Law and Rights
College Difficulties? Check the College Policies First
By Michelle Ball, California Education Attorney for Students since 1995
This may sound like a simplistic answer, but one of the first questions when evaluating a private or public college matter is "what do their policies say?" This is because colleges generally are supposed to follow their own written policies. This seems obvious, but despite the fact written policies exist, colleges do not always follow them. This failure may be asserted against a college to the student's advantage to lessen a proposed punishment or reverse an action taken by the college..
State and federal laws are of course always important and can define mandatory items required of colleges. These often will be memorialized in college policy, particularly in the public colleges. But, colleges also have areas which remain unaddressed by state or federal law. Colleges may then create a policy to fill the gap which they may thereafter be obligated to follow.
For example, there may be no state or federal law regarding internal hearing appeal rights, or the right of an attorney to attend a college discipline hearing. These matters thus may be defined in college policy.
I have been involved in multiple matters where colleges had written policies which were not followed. This gave me leverage to resolve a seemingly unresolvable matter. For example, I became involved in a situation where a California university student had already had his discipline hearing prior to my involvement. The outcome had been very negative for my client. However, when I reviewed the matter and found numerous breaches by the college of time limits, hearing rights, and other items outlined in the college policy, we were able to renegotiate the matter and reduce the penalty to an amount which was less than half of the original penalty. This was a great outcome indeed.
Best of luck!
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/
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.
- Records Rights In California Community Colleges
By Michelle Ball, California Education Attorney for Students since 1995 Do you or a family member attend one of the many California community colleges? Have you ever wondered what data the college is gathering on you? Or, have you had "issues"...
- Schools, Colleges, And Current Trends In One Education Law Office
By Michelle Ball, California Education Attorney for Students since 1995 It has been a VERY busy year for my office, as our clients come from all across California and issues run the gamut. With the internet, even MORE parents and students in trouble...
- Five Steps To Take To Get Disability Accommodations In College
By Michelle Ball, California Education Attorney for Students since 1995 Once a student transitions from high school to college, their world changes. If they were a special education student with an IEP (Individualized Education Program) in their...
- 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...
- College Free Speech On Campus Case- Yu V. University Of La Verne
By Michelle Ball, California Education Attorney for Students since 1995 This week, the California Court of Appeals, Second District, issued a decision in the matter of Yu v. University of La Verne. This case, involving a private college and law...