Law and Rights
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 school, is very interesting and explores the free speech rights of college students. It also may be applied outside of its limited forum (private university) in the future.
Yu involved law student Katrina Yu who was punished for alleged plagiarism and academic dishonesty when she submitted an assignment which contained verbatim internet content. The assignment also contained content alleged to have been copied from another student. In May of 2010, Yu and three other law students were informed that they were being investigated for plagiarism and academic dishonesty. While the other university students involved negotiated an unknown outcome, Yu took her matter to a three panel hearing within La Verne.
After the hearing, the panel issued a decision where Yu was to receive no credit for the class and a "0" grade on the record. Yu appealed to the Dean. In the La Verne policies, it states that the Dean may increase a student's punishment.
The Dean reviewed and raised Yu's punishment to a year suspension and a letter of censure, presumably along with the other punishments recommended by the panel.
Yu thereafter filed a request for a preliminary injunction (order from the court) to halt the implementation of the Dean's punishment. The reason alleged was that Yu had been punished for the exercise of her free speech (aka First Amendment) rights for filing an appeal to the Dean (e.g. she alleged that her punishment was increased ONLY because she appealed). The request for preliminary injunction was filed under Education Code section 94367.
Yu's request was denied by both the trial court and the Court of Appeals. The Court of Appeals found that Yu's communication to the Dean was within Yu's free speech rights, but that she had not shown that she was punished solely for her exercise of speech to the Dean, as required by 94367. They denied her request.
This case if very interesting and useful as far as the discussion of the free speech rights of college students. It also holds a lesson in what can happen if a plea deal is not accepted. College students should go into their appeals cautiously as the outcome can be more than the student bargained for and can involve a punishment not previously contemplated.
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Law and Rights
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 school, is very interesting and explores the free speech rights of college students. It also may be applied outside of its limited forum (private university) in the future.
Yu involved law student Katrina Yu who was punished for alleged plagiarism and academic dishonesty when she submitted an assignment which contained verbatim internet content. The assignment also contained content alleged to have been copied from another student. In May of 2010, Yu and three other law students were informed that they were being investigated for plagiarism and academic dishonesty. While the other university students involved negotiated an unknown outcome, Yu took her matter to a three panel hearing within La Verne.
After the hearing, the panel issued a decision where Yu was to receive no credit for the class and a "0" grade on the record. Yu appealed to the Dean. In the La Verne policies, it states that the Dean may increase a student's punishment.
The Dean reviewed and raised Yu's punishment to a year suspension and a letter of censure, presumably along with the other punishments recommended by the panel.
Yu thereafter filed a request for a preliminary injunction (order from the court) to halt the implementation of the Dean's punishment. The reason alleged was that Yu had been punished for the exercise of her free speech (aka First Amendment) rights for filing an appeal to the Dean (e.g. she alleged that her punishment was increased ONLY because she appealed). The request for preliminary injunction was filed under Education Code section 94367.
Yu's request was denied by both the trial court and the Court of Appeals. The Court of Appeals found that Yu's communication to the Dean was within Yu's free speech rights, but that she had not shown that she was punished solely for her exercise of speech to the Dean, as required by 94367. They denied her request.
This case if very interesting and useful as far as the discussion of the free speech rights of college students. It also holds a lesson in what can happen if a plea deal is not accepted. College students should go into their appeals cautiously as the outcome can be more than the student bargained for and can involve a punishment not previously contemplated.
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/
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.
- 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...
- Where Do You File An Expulsion Appeal And What Are The Time Limits For Filing?
By Michelle Ball, California Education Attorney for Students since 1995 If a student goes through a school expulsion hearing in California and are unsatisfied with the results (e.g. they lose and are expelled), they must act quickly to appeal the expulsion...
- How Do You Get Your Kids School Records Released?
By Michelle Ball, California Education Attorney for Students since 1995 School records created by a high school, elementary school, private school, or school district, can loom as an unknown for many parents. One way to debunk the mystery is to...
- 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...
- College Difficulties? Check The College Policies First
By Michelle Ball, California Education Attorney for Students since 1995 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...