Can my dismissal be challenged?

[DeterminedOne]

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

I was recently dismissed from Grad school due to my failure to complete the program within 5 years. Also, students are only allowed two chances to pass a class. The first time I took the class, I withdrew due to taking custody of my newborn neice. The second time I recieved a C and the passing grade is a B.

I was unaware that taking a withdrawal counted as one attempt but it is stated in the policy. I accepted the fact that I was dismissed and pursued transfer. I had one issue to take up with the school and that was the fact that I had a grade of an F for a class that shouldve been a withdrawal. There was a miscommunication that led to that mistake and it was corrected. The staff member who I spoke to in changing this asked me if I wanted to have it changed in order to remain a student. I told her that I didn't think this was possible per the policy and I wanted it changed because I was seeking transfer and I wanted my transcript to be accurate.

I received an email from another staff stating that I could continue as a student but I should contact my program director about the feasibility of continuing in the program. I contacted my program director because I would need one additional semester to finish the program. My program director told me that I should contact my advisor for assistance in writing a letter requesting an extension.

My advisor stated that I "should" have recieved a letter of dismissal from the school in January 2011. She then forwarded me to another staff member who stated that although it was far past the date, I could appeal the dismissal. I appealed the dismissal and was denied.

I would like to contest the following points:

1. The school never properly informed me in writing of an academic dismissal. They didn't send me a letter in January and they did not note an academic dismissal on my transcript.

2. The school told me in June 2011 that I could continue and this email was copied to all high level administrators.

Do I have a case?

 

[ecmst12]

You already appealed and were denied.

 

[DeterminedOne]

Yes, I did appeal at the school level but I'd like to know if I have a case that may stand up in court.

 

[ecmst12]

I don't see how. The school followed its own policy and did not violate any laws. YOU failed to read the policy prior to withdrawing from the class.

 

[DeterminedOne]

The policy states they were to notify me by mail of the academic dismissal and they never notified me nor did my transcript indicate that I had been dismissed. They stated I was dismissed in January but did not notify me until August by email. Prior to this notifcation, they stated I could return as a student.

 

[ecmst12]

A mistake in notification does not mean they weren't still required to dismiss you according to the policy - which they were.

 

[OHRoadwarrior]

How can you prove the letter was not lost in the mail? You were advised to contact your program director and told you could continue classes, while you did. You had to contact them at that point, it was not a choice.

 

[Humusluvr]

Yes, I did appeal at the school level but I'd like to know if I have a case that may stand up in court.

What would you sue for?

They followed procedure and dismissed you. You appealed, it was denied.

 

[DeterminedOne]

They never said that the letter was sent. I received an email stating that the letter should have been sent in January. Also, they allowed me to appeal in August when the policy clearly states I had ten days from the time the letter was sent to appeal. This leads me to believe they know the letter was not sent. Also, if they had properly dismissed me in January this would have been put on my transcript and it was not. It was not put on my transcript until August after they denied my appeal letter.

Yes, they told me in June that I could continue my studies then they changed this. I don't want to sue for money, I would like readmission to the University as I don't feel they properly followed there policy and gave me hope that I could continue my studies.

 

[OHRoadwarrior]

I don't foresee that happening. At most, your damages would be the tuition for your last semester and books.

 

[Zigner]

Yes, they told me in June that I could continue my studies then they changed this. I don't want to sue for money, I would like readmission to the University as I don't feel they properly followed there policy and gave me hope that I could continue my studies.

You are not going to be able to force them to allow you back.

 

[Humusluvr]

They never said that the letter was sent. I received an email stating that the letter should have been sent in January. Also, they allowed me to appeal in August when the policy clearly states I had ten days from the time the letter was sent to appeal. This leads me to believe they know the letter was not sent. Also, if they had properly dismissed me in January this would have been put on my transcript and it was not. It was not put on my transcript until August after they denied my appeal letter.

Yes, they told me in June that I could continue my studies then they changed this. I don't want to sue for money, I would like readmission to the University as I don't feel they properly followed there policy and gave me hope that I could continue my studies.

Well, then, you need to convince the school that they did not follow procedures. Clearly lay out your "evidence" and present it to the dean, or someone in the appeals department, and they will either accept it, or they won't. Either way, you tried.

 

[DeterminedOne]

The first decision letter I received from the Dean incorrectly stated that I recieved an "F" in the course. I sent an email to him stating that was incorrect as I received a withdrawal. I asked him to review my appeal letter because most of the letter stated why I took a withdrawal in the course. It seemed to me that my letter had not even been considered in the process. He sent me an email back stating that I had a "F" at the time of the dismissal and this was later changed. However, I was not officially dismissed until August because it was never put on my transcript. I also stated that the school failed to notify me, etc. and these concerns were not addressed by the Dean.

 

[Humusluvr]

The first decision letter I received from the Dean incorrectly stated that I recieved an "F" in the course. I sent an email to him stating that was incorrect as I received a withdrawal. I asked him to review my appeal letter because most of the letter stated why I took a withdrawal in the course. It seemed to me that my letter had not even been considered in the process. He sent me an email back stating that I had a "F" at the time of the dismissal and this was later changed. However, I was not officially dismissed until August because it was never put on my transcript. I also stated that the school failed to notify me, etc. and these concerns were not addressed by the Dean.

Did you properly withdraw from the course? Do you have copies of your paperwork where you withdrew?

 

[DeterminedOne]

Yes, I did properly withdraw and this was corrected on my transcript prior to the appeal process. My point is that in my letter of appeal there was a large portion explaining why I took a withdrawal from the course. Because the decision letter incorrectly stated I got an F, it led me to question whether or not my letter was even read or considered.