My question involves education law in the State of: California
Hello Guys,
I was recently wrongfully suspended for a false complaint by another student. I actually suffer from PTSD from the other student harassing me. I had an appeal hearing and the other student wanted to come. I requested to participate via a video conference in avoidance of seeing the other student. The other student during the appeal purposely sat in front of the video camera, stared at me and left in a way that it prompted the appeal hearing officer to say something. I then of course got intimated by the other student and it interfered my ability to appeal. I asked if I could email my responses, statements and questions. The appeal hearing officer denied this. I never ever had a chance to speak or actually appeal. The appeal hearing officer was extremely impartial ( in his defense, I am a guy appealing against a girl...the girl is very manipulative, narcissistic and plays a victim...she once had one of my old friends invite me to a house on her behalf to show that she was sleeping with him..... )
I have a couple of concerns:
During the appeal, the appeal hearing office noted that I was appealing the sanctions and not the violations. Which is incorrect I was appealing both
The appeal hearing officer also relied on policies for the violations that were changed after the incident has occurred. I was also originally sanctioned with policies that weren't released nor effective at the time. I dont find this fair and would like to be sanctioned with the policies that were effective at that time.
The appeal hearing officer denied me sending emails for any questions, responses..etc I never actually had a real chance to speak.
The appeal hearing officer stated in a summary that the complainant asked for no visual which is incorrect. They never asked the appeal hearing officer. I also asked for a recording and they have modified the recording. I however emailed school officials from the start, sent messages to friends stating what the other student did and the timestamps corresponding to the messages. Since the officials did not deny that she interfered it should be in my favor.
The logic is in my favor, If I have a chance to explain that is. I contacted an education attorney about this and he said I could file a writ of administrative mandamus. He of coursed offered to do it for me but I could not afford his fee. If I have an actual chance to write and present my argument to a judge I can.
Is my best option filing a writ of administrative mandamus in my situation? If so, how will I go about this?
I found this: https://www.smclawlibrary.org/needhelp/WritAdministrativeMandate.pdf
I don't believe step 1 applies here, since its an university and not a court.
Also if anyone can tell me in general how to apply and where to apply and any inside scoop about a writ of administrative mandamus, I would really appreciate it.
I know this might sound bad but I feel really strongly about this and really want to do this.
Hello Guys,
I was recently wrongfully suspended for a false complaint by another student. I actually suffer from PTSD from the other student harassing me. I had an appeal hearing and the other student wanted to come. I requested to participate via a video conference in avoidance of seeing the other student. The other student during the appeal purposely sat in front of the video camera, stared at me and left in a way that it prompted the appeal hearing officer to say something. I then of course got intimated by the other student and it interfered my ability to appeal. I asked if I could email my responses, statements and questions. The appeal hearing officer denied this. I never ever had a chance to speak or actually appeal. The appeal hearing officer was extremely impartial ( in his defense, I am a guy appealing against a girl...the girl is very manipulative, narcissistic and plays a victim...she once had one of my old friends invite me to a house on her behalf to show that she was sleeping with him..... )
I have a couple of concerns:
During the appeal, the appeal hearing office noted that I was appealing the sanctions and not the violations. Which is incorrect I was appealing both
The appeal hearing officer also relied on policies for the violations that were changed after the incident has occurred. I was also originally sanctioned with policies that weren't released nor effective at the time. I dont find this fair and would like to be sanctioned with the policies that were effective at that time.
The appeal hearing officer denied me sending emails for any questions, responses..etc I never actually had a real chance to speak.
The appeal hearing officer stated in a summary that the complainant asked for no visual which is incorrect. They never asked the appeal hearing officer. I also asked for a recording and they have modified the recording. I however emailed school officials from the start, sent messages to friends stating what the other student did and the timestamps corresponding to the messages. Since the officials did not deny that she interfered it should be in my favor.
The logic is in my favor, If I have a chance to explain that is. I contacted an education attorney about this and he said I could file a writ of administrative mandamus. He of coursed offered to do it for me but I could not afford his fee. If I have an actual chance to write and present my argument to a judge I can.
Is my best option filing a writ of administrative mandamus in my situation? If so, how will I go about this?
I found this: https://www.smclawlibrary.org/needhelp/WritAdministrativeMandate.pdf
I don't believe step 1 applies here, since its an university and not a court.
Also if anyone can tell me in general how to apply and where to apply and any inside scoop about a writ of administrative mandamus, I would really appreciate it.
I know this might sound bad but I feel really strongly about this and really want to do this.
