• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unable to Graduate?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tranquility

Senior Member
There are a lot of missing facts and it still seems to me as though the OP is not really clear on what is happening and why. But, an interesting case that might prove instructive has a write-up at:
http://www.dwt.com/advisories/Washington_Court_of_Appeals_Affirms_Rare_Defamation_Verdict_in_Favor_of_Former_School_Employee_01_22_2010/

The case was in favor of the person defamed. (Yay, OP.) But, the issue discussed might be problematical for the OP.
 


Dave1952

Senior Member
I think you need to keep trying to resolve the "graduation" issue. You've spoken with your professor (your adviser?) and the departmental chair. It's time to head to the Dean of Undergrads. You want to make the point that you have been absolved of all blame but are unable to complete the required internship in a timely fashion. You want to ask to have the internship waived so that you may graduate and get on with your life. A letter supporting you and your intern work from your CPS supervisor should be provided to the Dean.
 

quincy

Senior Member
There are a lot of missing facts and it still seems to me as though the OP is not really clear on what is happening and why. But, an interesting case that might prove instructive has a write-up at:
http://www.dwt.com/advisories/Washington_Court_of_Appeals_Affirms_Rare_Defamation_Verdict_in_Favor_of_Former_School_Employee_01_22_2010/

The case was in favor of the person defamed. (Yay, OP.) But, the issue discussed might be problematical for the OP.
The case that tranquility mentions can be found here: http://caselaw.findlaw.com/wa-court-of-appeals/1497098.html

Valez-Zontek v Eastmont School District involves an "intracorporate" or "common interest" privilege, which covers certain communications made between those in an organization/company most likely to be impacted by what is communicated (ie, an employee telling an employer of a suspected theft by another employee). This privilege can be lost through proof of actual malice, as can other qualified privileges, or when the communications are defamatory and are spread to others without a need to know (for example, to those outside the organization). It is sort of a "what is said in Vegas stays in Vegas" type of privilege.

However, I am not seeing that a defamation claim filed against the professor or the school has as good a chance of being successful as one filed against the woman who knowingly filed the false report. But it really all depends on EXACTLY what was said by whom to whom. An attorney who has the chance to review all facts can better determine who (if anyone) should be named defendant, if after review a suit is determined to have merit.



(My ability to italicize or bold or underline in this post has apparently disappeared for some reason. . . . .?)
 

TigerD

Senior Member
(My ability to italicize or bold or underline in this post has apparently disappeared for some reason. . . . .?)
You have been abusing the underline, italicize, and bold tools a bit lately. Did you get them a card for text effects day?

DC
 

quincy

Senior Member
You have been abusing the underline, italicize, and bold tools a bit lately. Did you get them a card for text effects day?

DC
Shoot. I missed Text Effects Day again. In fact, I seem to miss most of the important Hallmark card occasions. That said, I generally remember Talk Like a Pirate Day, if that counts for anything. Arrrr.
 

Ohiogal

Queen Bee
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.
Quincy, in my area CSB/CPS has removed children for that -- beds not having sheets on them at the time of the "visit", lightbulbs being burnt out, clutter in the room.... The appellate court has overruled such removals but the children were still removed for quite a while...
 

quincy

Senior Member
Quincy, in my area CSB/CPS has removed children for that -- beds not having sheets on them at the time of the "visit", lightbulbs being burnt out, clutter in the room.... The appellate court has overruled such removals but the children were still removed for quite a while...
I know Michigan has had complaints leveled against our CPS in the past for some extreme actions (and for lack of action when action was clearly warranted).

The power given CPS is a bit scary when you see how a false report to CPS can cause considerable harm to a family (and their reputations).
 

RRevak

Senior Member
I know Michigan has had complaints leveled against our CPS in the past for some extreme actions (and for lack of action when action was clearly warranted).

The power given CPS is a bit scary when you see how a false report to CPS can cause considerable harm to a family (and their reputations).
I live in FL and also know 2 different families who have had their children removed due to "unsanitary conditions". I was at the home of one of those families about a week prior and yes it was cluttered, but nowhere NEAR the level of unsanitary CPS was claiming. It took this family 2 weeks to get their children back and that was only because they had a very very aggressive lawyer. The other had their children held hostage for nearly a week until they cleaned to the "satisfaction of the social worker" and even after CPS continued to "monitor" them and their home (no money for attorney) for nearly a year. CPS is a vile and despicable organization.
 
Last edited:

quincy

Senior Member
I live in FL and also know 2 different families who have had their children removed due to "unsanitary conditions". I was at the home of one of those families about a week prior and yes it was cluttered, but nowhere NEAR the level of unsanitary CPS was claiming. It took this family 2 weeks to get their children back and that was only because they had a very very aggressive lawyer. The other had their children held hostage for nearly a week until they cleaned to the "satisfaction of the social worker" and even after CPS continued to "monitor" them and their home (no money for attorney) for nearly a year. CPS is a vile and despicable organization.
I know that CPS has been at the center of some high-profile (and some horribly tragic) cases throughout the country, and several cases in Michigan come to mind.

In 2012, Michigan finally changed their (unconstitutional) laws that had allowed for children to be removed from their parents' custody without a requirement that state officials prove a child was at substantial risk or imminent risk of harm (see MCL §712A.14 and Mich Ct R 3.963A).

What helped to spur the Governor's signature on the revised law was a case out of Ann Arbor in 2008, where a dad (University of Michigan professor Christopher Ratte) had his 7-year-old son taken from him and placed in foster care after Ratte gave his son a can of Mike's Hard Lemonade at a Tiger's game (Ratte was unaware that Mike's contained alcohol). CPS would not even release the son to the boy's mom or aunt, neither of whom were at the game.

The boy's mom was able to regain custody after several days with the help of U-M's Child Advocacy Clinic, under an agreement that the dad would move out of the home and only have supervised visits. This was, by the way, a dad who was close to his son and had been enjoying a day at the ballgame with him when the child was put in foster care.

In 2011, Ratte (et al) had help from the ACLU in suing CPS officials. The case can be accessed through the following link:
http://www.mied.uscourts.gov/Opinions/cohnpdf/11-11190.pdf.

There is a good discussion on privileges (specifically qualified immunity) which sort of applies to tarot_girl's question. :)
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top