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radix

Junior Member
What is the name of your state? Georgia

I work 40+ hours a week in addition to school so its a little hard to pay attention in class some days. Well, I had a teacher threaten to drop me from the class if I didn't "participate in class more" and "turn in all future assignments." Even though I'm still managing to pass the class, which is all I care about. I could understand getting a zero for not turning in an assignment, but dropping me from the class alltogether?

If she were to drop me from the class can I sue or is there anyway I can protect myself?

Thanks
 


mb94

Member
I'm assuming this is a college. Check you student handbook to see under what circumstances you can be dropped from a class. I know my school gave the profs wide latitude in deciding those things although there was an appeal process. But your school may be different.

If you can't find the answer in the handbook check with the Dean of Student Affairs. It does not sound like there would be ground for a lawsuit based on what you have said. You would have to go through whatever process the school has in place for a student who was dropped from a class.
 

GaAtty

Member
You don't say whether or not you are in college or high school, nor do you say whether it is a private or public school. And you don't explain your title regarding graduation, so we don't know if you are close to graduating or not. However, regardless of the school, it will be difficult to sue the school. Courts don't like to interfere with the way teachers conduct their classes, except for certain reasons concerned with discrimination, and this is not that situation. In other words, the teacher can set her own standards and rules, as long as it is not discriminatory. It also is not very practical for you to sue, especially if you are about to graduate, which is what your title implies. Lawsuits take months, and in the time a lawsuit requires, you may need to have completed the course with credit. Practically speaking, it sounds like you would have a faster, easier road if you just tried to be more energetic and enthusiastic in class for just a few more weeks, and by all means, turn in all assignments. After all, it is not the teacher's fault that you are working 40 hours. That was your decision. As a last resont, if you just can't and the teacher drops you, then check your student manual for appeal procedures. However, it is always easier to avoid a problem than to fix it. You may can avoid this one.
 
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BelizeBreeze

Senior Member
radix said:
What is the name of your state? Georgia

If she were to drop me from the class can I sue or is there anyway I can protect myself?

Thanks
Yes, you can sue. Would you win? Doubtful. I am assumming this is college since you work 40 hours (and if not, then ignore the response). Although the institution and instructor is governed by the Education code of your state, individual instructor's are free to conduct their classes under rules they feel promote learning for ALL students, as long as the policy is not discriminatory, as you've already been told.

In your case, any such suit as you foresee would be a total waste of time as the instructor is free to drop you for what they preceive as failure to meet minimum requirements.
 
Almost done?

If you observe others in the class that do not participate, ask them if they recieved the same or similar information from the instructor. If they have not, ask the instructor why you are being treated differently than the other students. If it is a matter of attendance, you may not have anything.
Also, depending on your program, and whether it is a state school, there may be a contractual obligation to allow you to finish. (research this; I did, and found several arguments about it)
One other piece of advice, have everything documented, and organized, and bring it to an attorney. This is if you are prevented from graduating due to this one situation.
I was nearly pulled out of a program for a 'reckless driving' violation, and contacted legal aid society-non profit, GOOD lawyers that can advise based on income.
My lawyer only had to make one phone call and everything went away, including the corporate lawyers that were working for the clinical sites. As soon as they heard his name, they withdrew their requirement for a background check altogether.
Sitting down and having a conversation with someone who knows education law is the first step.
I hope you graduate-I am in two weeks!

Saminalham
 

BelizeBreeze

Senior Member
saminalham said:
If you observe others in the class that do not participate, ask them if they recieved the same or similar information from the instructor. If they have not, ask the instructor why you are being treated differently than the other students. If it is a matter of attendance, you may not have anything.
Also, depending on your program, and whether it is a state school, there may be a contractual obligation to allow you to finish. (research this; I did, and found several arguments about it)
One other piece of advice, have everything documented, and organized, and bring it to an attorney. This is if you are prevented from graduating due to this one situation.
I was nearly pulled out of a program for a 'reckless driving' violation, and contacted legal aid society-non profit, GOOD lawyers that can advise based on income.
My lawyer only had to make one phone call and everything went away, including the corporate lawyers that were working for the clinical sites. As soon as they heard his name, they withdrew their requirement for a background check altogether.
Sitting down and having a conversation with someone who knows education law is the first step.
I hope you graduate-I am in two weeks!

Saminalham
And of course YOUR situation is the exact same as this poster's situation. :rolleyes:
 
pardon me, Belize

I did not state that my situation was the same, merely adding some options that I know from experience are available.

Sorry if I offended the Breezeyman (or woman)
 

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