To wilkinsonls

[cbg]

You locked your thread so no one can reply to it. But the answer is, physical appearance is a protected characteristic only in the District of Columbia. If you are in DC, then you may have legal recourse. If you are anywhere else, you can appeal through the school but no laws were violated. "Discrimination" on the basis of personal appearance is LEGAL everywhere in the US except DC. (Michigan and a few isolated communities, most if not all in CA, protect height and weight.)

If your professor wants you wearing a business suit, then you wear a business suit. You may as well get used to the fact right now that an employer can dictate your dress code and you can be sent home from work if the employer thinks what you are wearing is inappropriate.

 

[wilkinsonls]

thanks but I am not referring to a job, I am referring to an academic grade

Thanks so much for your response however I think I have muddled my question a bit. Having been a professional for years I am very aware of dress code mandates and requirements. I am dealing with an entirely different situation. This is concerning my academic grades. The class had no prereqs regarding dress nor was it mentioned anywhere in the syllabus. So, my question again is is it legal for a professor to give me an academic grade based on my physical appearance? If so, I pity the academic world and its true mission--education.

 

[cbg]

Unless you can find a law that specifically says it is not legal, then it is.

As I said, you can always appeal it through the school. They may - *may* do something about it. The law will not.

 

[eerelations]

This is an employment law forum, not an academic regulations forum.

That said, it is perfectly legal for your professor to reduce your grades for not dressing the way he/she has dictated. This doesn't have to be specified in the course description/syllabus. As long as your professor conveyed this requirement to you (and you have advised that he/she did so), then it's a balid, gradable requirement.

 

[wilkinsonls]

Thanks for your response. Sorry if I posted incorrectly. I would like to know your sources for this information. If I wasn't accepted to a University based on appearances it would be considered discrimination. So, how can my dress be a basis for an academic grade when it has nothing to do with academics?

 

[LdiJ]

Thanks for your response. Sorry if I posted incorrectly. I would like to know your sources for this information. If I wasn't accepted to a University based on appearances it would be considered discrimination. So, how can my dress be a basis for an academic grade when it has nothing to do with academics?

If you were taking a class that had to do with presenting yourself to the public or presenting yourself in the workplace it could be quite valid for a professor to require you to dress in a certain way. What was the class that you were taking?

 

[cbg]

An action is considered legal unless there is a law that specifically makes it illegal.

Can you show me a law, any law, that dictates how your professors grade you?

And what makes you think it would be illegal discrimination if you were not accepted to the university based on your personal appearance?

 

[eerelations]

Thanks for your response. Sorry if I posted incorrectly. I would like to know your sources for this information. If I wasn't accepted to a University based on appearances it would be considered discrimination. So, how can my dress be a basis for an academic grade when it has nothing to do with academics?

There are no laws anywhere in the US that prohibit university professors from reducing the grades of students who don't dress for class the way said professors want them to. Ergo, it's perfectly legal for university professors to do this.

Regarding your comment, "If I wasn't accepted to a University based on appearances it would be considered discrimination..." - you're absolutely right, this would be discrimination. However, it wouldn't be illegal discrimination. Discrimination is only illegal if it's based on protected characteristics such as race, gender, religion, age or disability. If you want sources for that, google "Title VII" and "EEOC" and you'll quickly find that not wearing a suit to class is not a protected characteristic as defined by law.

 

[cbg]

For the record, the poster needs to stop the focus on legality because he is going to lose there. It IS legal no matter how he wants to slice it. It is legal because there is not a law that says it is not legal. He will get absolutely nowhere trying to find a law that has been violated. It is a waste of time.

If the poster has any hope of getting his grade changed (which may or may not be possible) instead of trying to find a law that has been violated, he needs to work through the school. The department chairman or possibly the Dean would be the way to start. The school may or may not take any action, but the ONLY chance he has is to go this route. The law does not give one hoot what his grade is or how it was arrived at. The school may back the professor, or it may back the student. But the school, not the law, is the proper domain.

Which is why I've already told him twice (this being the third time) to work through the school. Since he seems determined to go the legal route, however, it would appear that he is doomed to failure.

 

[commentator]

Ah, happy memories of the late sixties, when college students frequently were booted from class for showing up unshaven, or in sandals, a headband, or (in my particular case) a red white and blue shirt I bought at K-Mart which the prof through was disrespectful of the American flag.

Yes, if you think you've been graded subjectively and unfairly, you might have a shot at a re-grade or something of the sort if the dean or someone up in the department thinks you have a valid argument. But I am curious. Did the professor flat out say, "I am marking your work down because you did not wear a suit and tie to my class/dress appropriately"? Or did you just not get as good a grade as you believed you deserve and think it is due to your refusal to follow his dress standards?

 

[wilkinsonls]

For all of you that have taken the time to respond, again thanks.

Now a few more notes for the last questions...

I am an ESL teacher and have returned to school for my MA in TESOL. I have been living and working all over the world and have NEVER had my dress even mentioned as inappropriate or unfit, so needless to say, I find the professor's grading completely subjective guided only by her narrow minded views. As far as my grade is concerned, I was graded DIRECTLY from a Rubrik which was returned to all students. So, to answer your question, yes...I received an A on all marks but my appearance (which she gave me a 'C'). The assignment was a mock presentation for a curriculum design, so where I chose to present my curriculum design would be my choice as well, not hers. But, as I have stated, her antiquated notions of dress in an academic environment have far exceeded that of what I would consider to be norm for today's academic environments.

The point I made to her was how can you possibly give a student a grade based upon your personal views of what he/she should look like? I understand that in a prospective job-type situation, dress would be the choice of the person/company hiring and if you chose to not abide by their standards then...well...you shouldn't be applying for the job. BUT when we are talking about a class( that has not mentioned a dress code requirement) to reduce a grade on only dress seems insane! What if I didn't have the money to buy this suit? What if it was against my religion? (I am reaching here I know)...

I find it truly sad that we can allow individuals in higher learning environments to be so dogmatic in their views that stretch outside of what is considered to be academic. I guess this explains why as the world becomes more globalized we as a country become more lost...we're too busy worrying about dress rather than the academic subject matter!!! So, I have lost--actually no...I am DC..so can anyone tell me where to find the law concerning dress? I will keep her from doing this to future students if I can...I surely would hate for this to be a situation my child could face in her future...

And the grade...I don't care about...it's the principle that I stand behind...
Now down from the soapbox and back to reality...

 

[cbg]

Whoa, hold on one cotton picking minute. You just added something that makes a WHALE of a lot of difference.

The way you initially made it sound, you had earned an overall A but had the grade lowered to a B or a C based on your appearance. But now it sounds as if there was a specific element, "Appearance", and she gave you a lower grade on that element only.

Pal, she has EVERY right to do that, even in DC. Particularly since it sounds as if you knew all along what she was looking for and deliberately opted to dress otherwise.

You're SOL as far as I can see.

 

[wilkinsonls]

My grade was an A and was lowered due to her grading of my appearance, but there was absolutely nothing wrong with my appearance other than the fact it didn't meet her standards...I had nearly an A+ in the class UNTIL the appearance grade(this assignment was 20% of my entire grade), so I am not sure what the difference is regarding your comment...

 

[cbg]

Here's what you don't seem to grasp.

She gets to set the standards in her class. Just the same way your employer gets to set the dress code for your employment.

If we were talking about her adding up all your test scores and project scores, coming to a total grade point average, and then subtracting ten points because she didn't like your appearance, that would be one thing. It would be legal, because the law does not address this issue. But it would give you a point to debate with the school.

But now it seems that this is not what we are talking about. We are talking about their being a specific Appearance element that always was going to be a part of the grade. In that case she has EVERY right to hold you to her standards whether you think they're too rigid or not.

 

[eerelations]

Willlyjo, we all know your opinions on academia, no need to hijack this thread just to reiterate them.