What action can I take?

[munch8kin]

What is the name of your state (only U.S. law)? Michigan

I am currently enrolled in a community college math course. The instructor informed us 3 weeks before the end of the semester that he will be unable to complete the course material due to the pace of the class. The instructor is new at teaching and has been very slow so far. The grading is based upon 5 chapter tests and a final. The instructor has decided to remove 2 of the chapter tests from the course.

So far we have taken 3 tests 1 of wich I scored poorly upon. I was not worried as I had 2 other tests to bring my grade back up to an A. Now I will be unable to score higher than a B. Some of the students are happy with the change having scored well on the first three exams.

I spoke with the dean of the college who did not think it was an issue for the instructor to be making these changes. Also, the change in grading was given after the last drop date for the class.

Can I sue? Is there any recourse I can take?

 

[Humusluvr]

What is the name of your state (only U.S. law)? Michigan

I am currently enrolled in a community college math course. The instructor informed us 3 weeks before the end of the semester that he will be unable to complete the course material due to the pace of the class. The instructor is new at teaching and has been very slow so far. The grading is based upon 5 chapter tests and a final. The instructor has decided to remove 2 of the chapter tests from the course.

So far we have taken 3 tests 1 of wich I scored poorly upon. I was not worried as I had 2 other tests to bring my grade back up to an A. Now I will be unable to score higher than a B. Some of the students are happy with the change having scored well on the first three exams.

I spoke with the dean of the college who did not think it was an issue for the instructor to be making these changes. Also, the change in grading was given after the last drop date for the class.

Can I sue? Is there any recourse I can take?

What did the professor put in his syllabus? Do you have a copy of the syllabus?

If the syllabus says "5 chapter tests," that is what the professor should go by. Ask to have your top two tests count twice for your grade - hence 5 chapter tests. That would be fair. Politely go to the instructor, and say, "I know that you didn't get through all the material, but I was really counting on 5 tests, not three. You put in your syllabus that there would be 5 tests, and I'm counting on those 5 grades. Will you please double two of my test scores so that I have 5 grades? I really need those 5 grades to make my A." You might also point out your stellar attendance in class if you have it, or your excellent participation. Or, that you would have an A in the class, and that shows your dedication and love of math.

If he chooses to change the syllabus and it negatively affects your grade, does your school have a grievance or complaint process?

This is not really a lawsuit type of case. This is something that should be handled between you and the instructor, and escalated up the chain of command as need be.

 

[TotoLaw1]

I basically agree with the last response. There's almost certainly some kind of internal grievance process at the school whereby you can challenge the grade or get an opportunity to retake the class or something. Use that process all the way to the top if you have to.

Worst case scenario, though, there might be room for a breach of contract or promissory estoppel claim here. The problem for you will be to establish that the right to 5 tests was a term of the contract or to establish a measure of damages that a court would have the power to enforce (other than maybe a refund of the course fees or an injunction barring the entry of the grade in your transcript). Even if you do try a breach of contract or other claim, you're almost certain to find out, in hindsight, that you signed something at some point in your enrollment for classes that waives or otherwise defeats any legal claim you have. It's not necessarily hopeless, but if the school's internal appeals process doesn't yield the results you want, you're going to have to consult a lawyer that can review the details of your specific situation before anyone will know if you've got a legal claim or not.

Good luck!