Can I sue my University/University Adviser?

[UpsetStudentHlp]

CA. I started University in 2011 and was a bad student. I had to repeat classes in order to make up for classes I didn't pass. Around 2014, an adviser in my college was assigned to me to help me ensure I could graduate. She calculated what my GPA was saying that if we moved my 16 grade forgiveness units from non-major to major courses, I would make the minimum major GPA to graduate. I double checked if this was ok and she said that it wasn't normal policy but it was doable. Over time she continually provided me with these calculations. My Dean and major adviser were also CC'd on a few of these emails. Fast forward to 2016, I couldn't graduate because I had 2 classes I didn't pass. The school graciously let me retake the courses elsewhere, stating I needed a B+ and B to graduate. I received a B+ and B-. Since I didn't make the requirements, I couldn't graduate. I then went back to the calculations that my adviser provided me and calculated that my GPA did meet the requirements. However; my school said, the 16 unit grade forgiveness I wanted to apply was invalid since I couldn't apply it to classes I transferred from outside the school, and that I couldn't apply it to a class I took 3 times. These policies were not made aware to me and my adviser continually told me otherwise. Can I sue my University or University adviser for misguiding me for so long? I tried very hard to get that degree.

 

[Taxing Matters]

The school graciously let me retake the courses elsewhere, stating I needed a B+ and B to graduate. I received a B+ and B-. Since I didn't make the requirements, I couldn't graduate....Can I sue my University or University adviser for misguiding me for so long? I tried very hard to get that degree.

You could sue, but I doubt you would win. The main reason you didn’t graduate is that you did not get the grades you needed in your courses. Even with the errors of your advisor, it appears the school gave you an opportunity to get the degree and unfortunately once again you fell a bit short of the required grade by getting a B- instead of a B. So it’s hard to see where it was the advisor’s fault that you didn’t make it. Moreover, you could have double checked your advisor’s computations from the start and if they were wrong you could have alerted her then and made the adjustments you needed based on the correct numbers.

 

[stealth2]

Oh stop, little snowflake. You failed to graduate because you didn't apply yourself.

And yes, I would tell my own kids the same. Using choicer language.

 

[UpsetStudentHlp]

Please don't assume I didn't apply myself. I was a triple major.

 

[xylene]

Contact your university ombudsman.

I'm not a big fan of high stakes academic plans, but the difference between a "B" and a "B-" is trivial. You didn't flame out.

I don't want to go into you academic record, but yeah, something about this seems not right - if you were having problems and failing massively - they were happy to take your tuition, up to the point you had 6 years in...

I'm sure I'll be reprimanded for snowflake coddling or something by the experts here.

 

[Taxing Matters]

Please don't assume I didn't apply myself. I was a triple major.

Then if the reason you were not doing well was that you took on too much and spread yourself too thin, why did you not cut back to a single major and concentrate on at least getting that degree with the one major? Even if you worked hard, the reality is that much of the failure to graduate does fall on you because you didn’t get the necessary grades. If you sue the school, that will be a significant factor working against you here as it will be hard to prove that but for the advisor’s error you still would have graduated.

 

[Taxing Matters]

Contact your university ombudsman.

I'm not a big fan of high stakes academic plans, but the difference between a "B" and a "B-" is trivial.

It’s not large, but it is not trivial. All universities have cut-offs for the GPA you need to graduate, if you are short, even a little short, you may not get that diploma. That’s the way it works. It is up to the student to earn the necessary grade. It is not up to the university to bend the rules to help someone who, despite the help given the student, comes up short of meeting the minimum standard.

 

[quincy]

Contact your university ombudsman.

I'm not a big fan of high stakes academic plans, but the difference between a "B" and a "B-" is trivial. You didn't flame out.

I don't want to go into you academic record, but yeah, something about this seems not right - if you were having problems and failing massively - they were happy to take your tuition, up to the point you had 6 years in...

I'm sure I'll be reprimanded for snowflake coddling or something by the experts here.

I agree with you, xylene, that the difference between a B and a B- is so slight that a degree should not depend on it. This student apparently was given the opportunity to take the class THREE times, though. I think there is a point beyond which a university should not be expected to bend.

UpsetStudentHlp did not mention the degree program s/he was in, and I am not sure it makes a difference - but it could.

Certainly UpsetStudentHlp can argue the B- as being inconsequential with the Ombudsman. I do not see any chance of arguing it successfully in court, however. There is no reasonable legal action to take, based on what has been written here.

 

[UpsetStudentHlp]

Hope the following clarifies a bit of my situation.

I did not add the additional majors by choice. They were chosen and added for me by my department chair because I didn't want to transfer out of the school and he wanted to make sure I graduated. I was a mathematics major going in and they added communications and economics majors because I was doing well in those classes (in the hopes that I would drop the mathematics major). I don't think it makes sense to sue, but all I have ever wanted in those 6 years was the math major. It has suddenly become imperative because I received a job offer contingent on the mathematics degree. Given that my adviser deemed it possible with grade forgiveness' being moved around, I had thought it could happen all this time. Being told all of a sudden that it had been impossible all this time since the grade forgiveness can't be applied the way I was told for the past few years is a tough pill to swallow.

The class I took 3 times was when I first entered school not the last two classes in which I received a B+ and B-. Another note that may help; the school's policies has changes a few times in the past few years. I haven't kept track of what policies were changed so perhaps the policies ended up impacting how my GPA was calculated.

 

[Zigner]

You choose your own major(s), it's (they're) not automatically assigned.

 

[UpsetStudentHlp]

If your school has no legitimate reason to kick you out (despite not doing well my cummulative remained high enough) and they are afraid that they can't graduate you, they will make you switch/add majors that give you the highest likelihood of graduating.

 

[Zigner]

If your school has no legitimate reason to kick you out (despite not doing well my cummulative remained high enough) and they are afraid that they can't graduate you, they will make you switch/add majors that give you the highest likelihood of graduating.

Ahh, so what you're trying to say is that, because they knew you had very little likelihood of passing your chosen major, they suggest that you change majors, and you agreed.

See? Your choice.

 

[not2cleverRed]

Hope the following clarifies a bit of my situation.

I did not add the additional majors by choice. They were chosen and added for me by my department chair because I didn't want to transfer out of the school and he wanted to make sure I graduated. I was a mathematics major going in and they added communications and economics majors because I was doing well in those classes (in the hopes that I would drop the mathematics major). I don't think it makes sense to sue, but all I have ever wanted in those 6 years was the math major. It has suddenly become imperative because I received a job offer contingent on the mathematics degree. Given that my adviser deemed it possible with grade forgiveness' being moved around, I had thought it could happen all this time. Being told all of a sudden that it had been impossible all this time since the grade forgiveness can't be applied the way I was told for the past few years is a tough pill to swallow.

The class I took 3 times was when I first entered school not the last two classes in which I received a B+ and B-. Another note that may help; the school's policies has changes a few times in the past few years. I haven't kept track of what policies were changed so perhaps the policies ended up impacting how my GPA was calculated.

I strongly recommend you read "Mathematical Fallacies, Flaws, and Flimflam" by Edward J. Barbeau. There are a couple of pages that address the issue of grade averages.

It is not a question of that B-, but what preceded that B-.... In fact, knowing that you needed at least a B, why not shoot for an A?

I've noticed that you are angry at your university, but not the instructor who gave you that B-. Would it be correct therefore to assume that a B- is what you earned, and that at no point was there a hope of you getting a significantly higher grade? Yes. Because the fact of the matter is that your grades were consistently lower than a B, to the point where getting a B would increase your average.

The university threw you a bone, knowing that based on past performance it would be unlikely that you would succeed, but still affording you the chance to get your stuff together and succeed. You could have dropped the math major. Sadly, not everyone has what it takes to be a math major. You are one of those people.

And yes, you can have a non-failing GPA and still be tossed out on your ear because you have not had the minimum grades required for the major you've declared. I know people who have had exactly that happen to them.

You have no legal case.

Sorry you can't take that job. What state was it in? I ask because there's a job opening... maybe I can apply.

 

[ALawyer]

A Degree in ANY Major Would Be Better Than None

I understand that you want your degree to be in Math, but it does not look as if that will happen. If the prospective employer is insisting that you have a degree in math you won't get the job. Further, if math is not your strong suit, even if you got the job, and the job required a math degree, and involved the types of high level skills a math degree implies, I would wonder how long you could last in the job even if you got it. Further, I would have doubts that an employer that is willing to hire someone with the bare minimum for a degree. Most employers look at the applicant's overall history and record, and at employers where high academic achievement is important, would not hire someone with bare minimal credentials.

If math is not an essential part of the desired job, perhaps the employer would waive its requirements if you had a degree in Subject X but a minor in math. It seems more likely than getting the college to change its mind. Threatening the college or university with litigation is unlikely to win you friends, and may make getting ANY degree less likely.

 

[UpsetStudentHlp]

If we can just go back to my question, for 3 years, my Dean, Dept Chair, Dept Adviser and adviser have seen my calculated my GPA in which grade forgiveness was applied to major courses. Now they are saying that it can't be applied. My main question was if I could sue because what they calculated did not end up happening. The B+ and B- are not what I'm focused on because given that they used the calculations they had gone over with me for years, the B+ and B- are sufficient in bringing me up to the necessary GPA.

For those so eager to say that I'm not suited for math. Fine. I got a position at Microsoft as a data scientist in CA starting salary 110K. I already did two summer internships, one at Google and one at HP. Have at it if you think you're qualified.