Unable to Graduate?

[tarot_girl]

I currently attend a public college in WA. As part of my degree, I am required to complete 480 hours of interning. I was placed at CPS and have completed all but about 90 hours. A woman I know got angry with me and called in a false report to CPS which removed me from my internship. However, the case has been investigated and was determined to be unfounded. My CPS instructor told me I would be allowed to return in 2-10 days - but that was at the beginning of the month. My college professor told me that she was told I had been investigated 3 times and needed to be truthful to the school (but I've only been investigated once so this is false). This same professor told me that I would likely not graduate, she has serious concerns about me working with children (despite the allegations being unfounded), and would not be placing me at another internship. She then added that I needed to be prepared to not graduate and not attend the Masters program which I was already accepted into.

I attempted to go to the department head who sided with the professor without even talking to me stating that no action would be taken until my CPS supervisor, who was on FMLA, returned. Now my CPS supervisor has returned and the school is still taking no action and nobody at CPS, not even my supervisor, will communicate with me.

Do I have grounds to sue? First, I am paying tuition AND an additional fee to intern, but they are not providing that service. Second, my professor is telling people that I've had three investigations when I haven't (slander and libel since this does ruin my professional credibility)? It seems my school is using my personal life to attack my education. Had I been placed at any other internship the school would not be involved currently.

 

[TigerD]

Do I have grounds to sue? First, I am paying tuition AND an additional fee to intern, but they are not providing that service. Second, my professor is telling people that I've had three investigations when I haven't (slander and libel since this does ruin my professional credibility)? It seems my school is using my personal life to attack my education. Had I been placed at any other internship the school would not be involved currently.

It might be worth your while to talk to an attorney with experience in both education law and defamation.

DC

 

[tranquility]

The problem is, reporting suspicions to the proper authorities are going to have a certain level of immunity. You would have to prove malice to get any relief. Since we have no idea what was reported or why, there is no way to give guidance.

 

[tarot_girl]

I know I can't sue the person who made the report, though I have a strong case for an anti-harassment order against her. I'm more interested in my rights regarding suing the school since the professor is making false statements and directly preventing my from graduating.

 

[cbg]

You were investigated once that you know about...

 

[tranquility]

I know I can't sue the person who made the report, though I have a strong case for an anti-harassment order against her. I'm more interested in my rights regarding suing the school since the professor is making false statements and directly preventing my from graduating.

You have alleged nothing resembling a case at this time against the school or professor unless it is against school policy. Then, your main recourse would be through the due process the school has for such matters.

 

[TigerD]

You have alleged nothing resembling a case at this time against the school or professor unless it is against school policy. Then, your main recourse would be through the due process the school has for such matters.

Let's see:
a) a false statement about another person
b) publication to a third party
c) known or should have known to be false (violation FERPA might meet intent prong)
d) damages

Please explain why should she not discuss this with a local attorney with defamation experience? Because on the surface it does seem like she has something that justifies talking to an attorney about. What am I missing?

DC

 

[quincy]

I currently attend a public college in WA. As part of my degree, I am required to complete 480 hours of interning. I was placed at CPS and have completed all but about 90 hours. A woman I know got angry with me and called in a false report to CPS which removed me from my internship. However, the case has been investigated and was determined to be unfounded. My CPS instructor told me I would be allowed to return in 2-10 days - but that was at the beginning of the month. My college professor told me that she was told I had been investigated 3 times and needed to be truthful to the school (but I've only been investigated once so this is false). This same professor told me that I would likely not graduate, she has serious concerns about me working with children (despite the allegations being unfounded), and would not be placing me at another internship. She then added that I needed to be prepared to not graduate and not attend the Masters program which I was already accepted into.

I attempted to go to the department head who sided with the professor without even talking to me stating that no action would be taken until my CPS supervisor, who was on FMLA, returned. Now my CPS supervisor has returned and the school is still taking no action and nobody at CPS, not even my supervisor, will communicate with me.

Do I have grounds to sue? First, I am paying tuition AND an additional fee to intern, but they are not providing that service. Second, my professor is telling people that I've had three investigations when I haven't (slander and libel since this does ruin my professional credibility)? It seems my school is using my personal life to attack my education. Had I been placed at any other internship the school would not be involved currently.

I agree with DC that what you have described is worth a review by an attorney in your area who works with defamation law.

Any action you appear to have, however, would be against the woman who made a false report about you and not against those who believed the report to be true (ie, the professor, your supervisor, the college).

It is important to know exactly what was communicated about you. Although tranquility is correct that most complaints to CPS (and the police) will be covered by a privilege (an immunity from suit), this privilege can be lost if what is reported was reported in bad faith with an intent to cause harm (actual malice). The history of your relationship with the woman who made the false report is, therefore, also important, to establish actual malice.

I recommend you go over all facts with the attorney you see. If the report to CPS was unfounded, and you lose your internship and are no longer eligible for the master's program because of the report, this is good indication your reputation has been injured and damages could potentially be awarded to compensate you for your losses. But it all depends on the facts, a personal review of which will be necessary.

 

[Proserpina]

Let's see:
a) a false statement about another person
b) publication to a third party
c) known or should have known to be false (violation FERPA might meet intent prong)
d) damages

Please explain why should she not discuss this with a local attorney with defamation experience? Because on the surface it does seem like she has something that justifies talking to an attorney about. What am I missing?

DC

I think there's an elephant in the room though.

I do think all prongs are in place - but that won't change the fact that there are reports on file. They're not going away, even if there's a notation of them being unfounded.

You want to find a surefire way of ruining someone else's life? Just do what the OP's acquaintance did.

I can't see OP recovering any damages either.

 

[quincy]

I think there's an elephant in the room though.

I do think all prongs are in place - but that won't change the fact that there are reports on file. They're not going away, even if there's a notation of them being unfounded.

You want to find a surefire way of ruining someone else's life? Just do what the OP's acquaintance did.

I can't see OP recovering any damages either.

If all other elements of defamation can be met, damages can be awarded, with reinstatement in the program a possibility should a defamation suit be successful (although the latter would not be a guarantee).

Often a major difficulty in defamation claims will be proving actual malice - but, depending on what exactly was communicated and why, actual malice will be presumed.

I agree that false claims that involve children (if this is what led to the investigation) can be the most harmful to a person's reputation, especially when one plans a career with children. Why people tell lies of this sort is beyond my comprehension.

 

[Proserpina]

If all other elements of defamation can be met, damages can be awarded, with reinstatement in the program a possibility should a defamation suit be successful (although the latter would not be a guarantee).

Often a major difficulty in defamation claims will be proving actual malice - but, depending on what exactly was communicated and why, actual malice will be presumed.

I agree that false claims that involve children (if this is what led to the investigation) can be the most harmful to a person's reputation, especially when one plans a career with children. Why people tell lies of this sort is beyond my comprehension.

It's so hateful, isn't it? Who would do that? It's like somebody accusing a doctor or an attorney of things, and can take an awful effort to make it go away.

Not nice at all.

 

[tarot_girl]

To address a few things. I have only been investigated once. I intern at the local office and would have known if an investigation had been done on me while I was there. Also, the investigator and the person I work most closely with have confirmed there is only one intake.

Another thing, there is enough evidence that even the person investigating me from CPS said it appears retaliatory. However, if a judge feels that she made the claim in good faith for any reason then she is protected.

As far as my school, if my professor is telling people that I've been investigated 3 times, when I haven't, without evidence of such isn't she just spreading lies? And if she is sharing that with other people in my college, it seems to me that my character is being questioned. She is now alleging that my hours have been falsified, etc...

Regardless, even if I had been investigated three times, why would this information be relayed to my professor and not to me? I signed no release allowing CPS to discuss the allegations with my professor or vice versa. Seems like a potential violation of my rights.

As for why people call in false reports? It's because they either do, or don't, realize the long term damage that can be done not just to the adult they are trying to harm, but also to the children.

 

[quincy]

To address a few things. I have only been investigated once. I intern at the local office and would have known if an investigation had been done on me while I was there. Also, the investigator and the person I work most closely with have confirmed there is only one intake.

Another thing, there is enough evidence that even the person investigating me from CPS said it appears retaliatory. However, if a judge feels that she made the claim in good faith for any reason then she is protected.

As far as my school, if my professor is telling people that I've been investigated 3 times, when I haven't, without evidence of such isn't she just spreading lies? And if she is sharing that with other people in my college, it seems to me that my character is being questioned. She is now alleging that my hours have been falsified, etc...

Regardless, even if I had been investigated three times, why would this information be relayed to my professor and not to me? I signed no release allowing CPS to discuss the allegations with my professor or vice versa. Seems like a potential violation of my rights.

As for why people call in false reports? It's because they either do, or don't, realize the long term damage that can be done not just to the adult they are trying to harm, but also to the children.

I agree with you that, if a judge feels the woman who made the claim against you made it in good faith, she will be protected by the privilege that covers complaints to CPS.

You have still not said why this woman would make a false report about you or what exactly she said that led to the investigation. If, however, the woman had good reason to suspect you of something, then she was right to file the report with CPS. And you would have no legal recourse.

If your internship involved working with children, CPS would be interviewing your professor/supervisor/school as part of their investigation. It is not a mystery, therefore, that your professor is aware of the complaint.

It seems you have more of a personal issue with your professor than with the woman who made the false report. You are adding additional fuel to the fire you seem to be building against the professor (ie, saying the professor claims you falsified hours) and I am curious why.

But, because I have a feeling there is far more to your story than can be disclosed in a forum setting, you really need to sit down with an attorney in your area for a personal review of ALL facts. That will be your best way to discover any options, legal or otherwise, that may be available to you.

Good luck, tarot_girl.

 

[tarot_girl]

The woman made a false report because she wanted us to pay her more money. When we didn't, this is the fall out. We have evidence that it was retaliatory, but not anything that outright states she made a false report leaving us no recourse that way. As noted, I have evidence to get an anti-harassment order but worry that it wouldn't only increase the retaliation. The accusations were a dirty home and dirty children which were easily shown to be false.

As for the professor, I never had an issue with her until now. I mentioned the fact that she is claiming I falsified hours because I wanted to indicate how her accusations are escalating. In fact, just today I have been accused of asking someone on site at CPS to get the case closed right away - which never happened. Essentially, this professor continues to create new accusations with every contact we have.

I understand my placement needing to notify her of issues, but see no reason to divulge details of why or how many times I've been investigated. That seems to be personal information, not public.

In regards to contacting a lawyer, really I came here to see if my case would warrant a review and it seems it does. Now I just need to exhaust all administrative options and, if still unsuccessful, will contact a lawyer.

 

[quincy]

The woman made a false report because she wanted us to pay her more money. When we didn't, this is the fall out. We have evidence that it was retaliatory, but not anything that outright states she made a false report leaving us no recourse that way. As noted, I have evidence to get an anti-harassment order but worry that it wouldn't only increase the retaliation. The accusations were a dirty home and dirty children which were easily shown to be false.

As for the professor, I never had an issue with her until now. I mentioned the fact that she is claiming I falsified hours because I wanted to indicate how her accusations are escalating. In fact, just today I have been accused of asking someone on site at CPS to get the case closed right away - which never happened. Essentially, this professor continues to create new accusations with every contact we have.

I understand my placement needing to notify her of issues, but see no reason to divulge details of why or how many times I've been investigated. That seems to be personal information, not public.

In regards to contacting a lawyer, really I came here to see if my case would warrant a review and it seems it does. Now I just need to exhaust all administrative options and, if still unsuccessful, will contact a lawyer.

Exploring all administrative options available to you seems reasonable. Contacting a lawyer if nothing is resolved after exhausting all administrative options also seems reasonable.

I am surprised by the CPS complaint filed against you, however. It hardly seems to be one that CPS would investigate. Dirty house, dirty kids? Egad! We are all guilty of having those at times. But CPS in Michigan has certainly acted in ways I have questioned in the past.

At any rate, your problem with your professor is obviously one you will need to work out. The professor may think your handling of the woman is good reason to terminate your internship? Something to consider.

Good luck, tarot_girl.