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Dismissed for Academic Performance Despite Learning Disability

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startingover11

Junior Member
What is the name of your state (only U.S. law)? Colorado

Hi Everyone,

I have contacted numerous lawyers and none of them was able to help me out!! Or they are very very expensive!

I am in a pretty difficult situation right now. So what happened is I have been dismissed by my school (Public University) due to inconsistent academic performance. However, part of my academic performance was due to a learning disability. I am also diagnosed with major depression since I started the program which also affected my academic performance.
I was not provided disability accommodations for the first two years with the school and I was struggling academically. When I spoke to the disabilities coordinator, accommodations were made and I was doing better. For the past year, I have been doing fairly well and was very on top of things. It was my last year of the program where I was doing rotations (internship) and had a bad evaluation from a preceptor which caused me to fail a 6 unit rotation. I needed to take some courses to improve my GPA so I appealed to have a 6 week extension to the school’s 6 year policy. However, it was denied and I was not given a reason. When I met with a faculty member, they said they denied because I have been inconsistent with my academic performance "wanted me to get my life back together before starting school again"

I would like to seek some legal advice. I have over 150k of student loans from this program and I feel that it is inappropriate to dismiss me at this point. It is my last year and I just need a 6 week extension to finish rotations.

Do I have a case and should I fight with the public school system? I have contacted disability lawyers and none of them deal with learning disability. The lawyers that deal with education law are way too expensive for me at this point. I also contacted lawyers for low income clients but most of them deal with criminal defense or bankruptcy or other civil matters but none of it would come close to my case.

Any advice is appreciated! Thank you very much!
 


Proserpina

Senior Member
Duplicate post.

And per the other forum - is it 100k or 150k?

Modifying details doesn't help credibility, I'm afraid.
 

startingover11

Junior Member
Duplicate post.

And per the other forum - is it 100k or 150k?

Modifying details doesn't help credibility, I'm afraid.
It is more than 150K actually. It costs 30K per year and I was there for 5 years. I was saying 100K just to be general. If you want a specific number, I would have to look that up but it is certainly more than 150K and in fact it may be approaching 200K. I can post my student loan statement if you think I am lying.
 
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st-kitts

Member
The terms you use indicate you were in a medical field. Rotations and preceptor are terms generally used in med school, pharmacy school, etc. Were you in a medical program or am I wrong?

Quite frankly, if you are not able to handle the course work and working conditions than it is in all patient's best interest that you not be doing so. The university would be remiss to hand out a degree to someone that was not actually meeting the academic standards for the degree.

I am sorry that you have worked so hard to pursue a career that might not suit you but you might do some searching about your future career field. It is better to learn you aren't a match for your career in the very beginning rather than mid way through life... Perhaps you can see what other degrees your existing credits will transfer towards, or at least the majority. You might consider other schools. Good luck.
 
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OHRoadwarrior

Senior Member
I suggest you utilize the coursework you have completed to get another degree. Failing your rotation may be the reason they are not granting you completion.
 

Humusluvr

Senior Member
What is the name of your state (only U.S. law)? Colorado

Hi Everyone,

I have contacted numerous lawyers and none of them was able to help me out!! Or they are very very expensive!

I am in a pretty difficult situation right now. So what happened is I have been dismissed by my school (Public University) due to inconsistent academic performance. However, part of my academic performance was due to a learning disability. I am also diagnosed with major depression since I started the program which also affected my academic performance.
I was not provided disability accommodations for the first two years with the school and I was struggling academically. When I spoke to the disabilities coordinator, accommodations were made and I was doing better. For the past year, I have been doing fairly well and was very on top of things. It was my last year of the program where I was doing rotations (internship) and had a bad evaluation from a preceptor which caused me to fail a 6 unit rotation. I needed to take some courses to improve my GPA so I appealed to have a 6 week extension to the school’s 6 year policy. However, it was denied and I was not given a reason. When I met with a faculty member, they said they denied because I have been inconsistent with my academic performance "wanted me to get my life back together before starting school again"

I would like to seek some legal advice. I have over 150k of student loans from this program and I feel that it is inappropriate to dismiss me at this point. It is my last year and I just need a 6 week extension to finish rotations.

Do I have a case and should I fight with the public school system? I have contacted disability lawyers and none of them deal with learning disability. The lawyers that deal with education law are way too expensive for me at this point. I also contacted lawyers for low income clients but most of them deal with criminal defense or bankruptcy or other civil matters but none of it would come close to my case.

Any advice is appreciated! Thank you very much!
You're going to get the same advice here that you were getting at the "other site that shall remain nameless." I am the "friend" who was sharing my expertise with you.

I'm still going to say the same thing I said yesterday. You should wait until after your meeting with the director of disability services, and if she can't help you, you should hire an "advocate" - but there is no such thing as a "learning disability lawyer."

The reason no one will take your case is because you don't have a case. The lawyers who wanted money from you to start something, it's because you can't get far in the legal system. The school has a policy that you must complete within 6 years. They won't give you one extra DAY much less six more weeks. As much as you feel it's "inappropriate" the school has it's policies in place for a reason. In may be they are required from the state for their accreditation purposes to limit students to a number of years. I suspect it's because the state licensing board requires all students to be current when they apply for their license and take their exam. So the school is not going to jeopardize their accreditation by being flimsy with the deadlines. That would open the SCHOOL up to lawsuits.

Come back tomorrow, after you meet with the director, let me know what she said, and I'll help you from there.
 

startingover11

Junior Member
You're going to get the same advice here that you were getting at the "other site that shall remain nameless." I am the "friend" who was sharing my expertise with you.

I'm still going to say the same thing I said yesterday. You should wait until after your meeting with the director of disability services, and if she can't help you, you should hire an "advocate" - but there is no such thing as a "learning disability lawyer."

The reason no one will take your case is because you don't have a case. The lawyers who wanted money from you to start something, it's because you can't get far in the legal system. The school has a policy that you must complete within 6 years. They won't give you one extra DAY much less six more weeks. As much as you feel it's "inappropriate" the school has it's policies in place for a reason. In may be they are required from the state for their accreditation purposes to limit students to a number of years. I suspect it's because the state licensing board requires all students to be current when they apply for their license and take their exam. So the school is not going to jeopardize their accreditation by being flimsy with the deadlines. That would open the SCHOOL up to lawsuits.

Come back tomorrow, after you meet with the director, let me know what she said, and I'll help you from there.
Thanks! I will consult her and let you know.
 

Proserpina

Senior Member
You're going to get the same advice here that you were getting at the "other site that shall remain nameless." I am the "friend" who was sharing my expertise with you.

I'm still going to say the same thing I said yesterday. You should wait until after your meeting with the director of disability services, and if she can't help you, you should hire an "advocate" - but there is no such thing as a "learning disability lawyer."

The reason no one will take your case is because you don't have a case. The lawyers who wanted money from you to start something, it's because you can't get far in the legal system. The school has a policy that you must complete within 6 years. They won't give you one extra DAY much less six more weeks. As much as you feel it's "inappropriate" the school has it's policies in place for a reason. In may be they are required from the state for their accreditation purposes to limit students to a number of years. I suspect it's because the state licensing board requires all students to be current when they apply for their license and take their exam. So the school is not going to jeopardize their accreditation by being flimsy with the deadlines. That would open the SCHOOL up to lawsuits.

Come back tomorrow, after you meet with the director, let me know what she said, and I'll help you from there.


(Thank you :) )
 

startingover11

Junior Member
The terms you use indicate you were in a medical field. Rotations and preceptor are terms generally used in med school, pharmacy school, etc. Were you in a medical program or am I wrong?

Quite frankly, if you are not able to handle the course work and working conditions than it is in all patient's best interest that you not be doing so. The university would be remiss to hand out a degree to someone that was not actually meeting the academic standards for the degree.

I am sorry that you have worked so hard to pursue a career that might not suit you but you might do some searching about your future career field. It is better to learn you aren't a match for your career in the very beginning rather than mid way through life... Perhaps you can see what other degrees your existing credits will transfer towards, or at least the majority. You might consider other schools. Good luck.
Hi,

Yes I am in a medical field and I did have some academic difficulties. However, my pharmaceutical knowledge and patient care skills is fully competent. I can take the board exam right now and pass with flying colors... I have already met the academic standards of the school and it is this rotation that I failed. It was due to a biased evaluation and a lot of misconceptions. Each school's program and unique and there is on way I can transfer any credits. If I were to reapply, I would have to start from scratch.
 
Hi,

Yes I am in a medical field and I did have some academic difficulties. However, my pharmaceutical knowledge and patient care skills is fully competent. I can take the board exam right now and pass with flying colors... I have already met the academic standards of the school and it is this rotation that I failed. It was due to a biased evaluation and a lot of misconceptions. Each school's program and unique and there is on way I can transfer any credits. If I were to reapply, I would have to start from scratch.
You failed a requirement & the school booted you out. That's what they do, they are supposed to weed out people who are not suitable. Clearly they feel that you are not acceptable. Was there a probationary period?
 

startingover11

Junior Member
You failed a requirement & the school booted you out. That's what they do, they are supposed to weed out people who are not suitable. Clearly they feel that you are not acceptable. Was there a probationary period?
No probation period. But the thing is, everyone who has worked with me knows I am capable! The doctors, the pharmacists and the associate dean! I also believe that I am fully capable.
 

ecmst12

Senior Member
Having a learning disability does not exempt you from being held to the standards of the school/program. It allows you accomodations, but NOT UNTIL YOU REQUEST THEM. If you'd requested them sooner, you might have succeeded in the program. That's not the school's fault.
 

Humusluvr

Senior Member
Hi,

Yes I am in a medical field and I did have some academic difficulties.
This is not just "some difficulties." You fell below their 2.0 GPA requirement, which indicates more than some problems.

However, my pharmaceutical knowledge and patient care skills is fully competent.
You failed the rotation. That does not indicate what you stated here.

I can take the board exam right now and pass with flying colors...
That's rather lofty and presumptuous of you to state that. How can you possibly know this?

I have already met the academic standards of the school and it is this rotation that I failed.
That's not true.

It was due to a biased evaluation and a lot of misconceptions.
Explain please.
 

Zigner

Senior Member, Non-Attorney
I can take the board exam right now and pass with flying colors...
From my (admittedly limited) knowledge, even people who DO pass the boards with "flying colors" go in to it worried they may not pass. You seem a bit over-confident. - Just an observation.
 

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