Overturning a suspension

[not2cleverRed]

Y

Correct but that doesn't paint the whole picture.... If you over to me and push me then you message me saying wtf? I turn these messages, play a victim and get you reprimanded in some sort of a way for my benefit... Lets say this is at our employeers office and I said by you sending these messages it distracted me on actually working. So I am wanting you to get reprimanded for an excuse on not being able to work....

For everyone else please be mindful, the other student was actually not a victim.

Oh, this post illustrates your maturity (or lack thereof) so well.

You claim that "any logical person" would agree with you. Well, clearly the university disagrees.

If you want to claim to be a victim, you have to prove that you were a victim. So, tell us, what was your therapist willing to attest to? Are we just supposed to believe you're a victim based on your say so? That's not how it works.

You feel threatened that your victim was at the hearing? I am using that word because that is how the university views her, and that is the reality that you have to work with. You have to deal with the world as it is, not as you think it should be.

 

[stealth2]

Reading OP's writing, I am in despair over the future of the English language.

 

[Just Blue]

Reading OP's writing, I am in despair over the future of the English language.

I'm assuming OP isn't a "native".

 

[CdwJava]

The communication does NOT have to be objectively threatening to violate the school's code of conduct. The hearing officer or panel will take into account the nature of the conduct and the message, the content, the frequency, and any other relevant factors. They tend to take harassing behavior very seriously these days - so seriously that they often err on the side of caution when it comes to penalties.

 

[OpenLaw]

In order for a University to suspend correctly, they must follow Due Process. The evidenced in question for the allegations lodged should be without a
bias in shape or form. You can request the evidence for the lodge allegations that caused you to be suspended. This is a Constitutional Right. Before you can Petition a Lawsuit, you must exhaust your Administrative Remedies.

The Writ of Administrative Mandamus or Writ of Mandamus is a very specific lawsuit that bars a Government's discretionary actions which violated a rule or law and provides an injunctive relief. This type of lawsuit you need to be careful with. This is a very specific lawsuit and if used incorrectly the Appeals court will overrule immediately. This type of Lawsuit is used on lower Courts however, it can be used as a Interlocutory Appeal against other Government bodies sometimes Ex Parte. Some Universities take State taxes. Status of being a Government becomes easier. Those without this function.
The Administration Procedure of the University tends to be governed by Administrative law , in which the State influences in Higher Education. Usually, under those circumstances , Writ of Mandamus are argued under Subject Matter in the Appeals because Administration actions under State influence qualifies as a Tribunal. The Appeals court has Subject Matter Jurisdiction over Tribunals.

According to California these are the elements you must prove. (1) the respondent has a clear duty (2) the petitioner has a beneficial interest in the performance of that duty (3) the respondent has the ability to perform the duty; (4) the respondent has failed to perform the duty or has abused his, her, or its discretion in performing the duty; and 5) the petitioner has no other plain, speedy, and adequate remedy.

I would Follow Up with the Education Attorney.

 

[quincy]

In order for a University to suspend correctly, they must follow Due Process. The evidenced in question for the allegations lodged should be without a
bias in shape or form. You can request the evidence for the lodge allegations that caused you to be suspended. This is a Constitutional Right. Before you can Petition a Lawsuit, you must exhaust your Administrative Remedies.

The Writ of Administrative Mandamus or Writ of Mandamus is a very specific lawsuit that bars a Government's discretionary actions which violated a rule or law and provides an injunctive relief. This type of lawsuit you need to be careful with. This is a very specific lawsuit and if used incorrectly the Appeals court will overrule immediately. This type of Lawsuit is used on lower Courts however, it can be used as a Interlocutory Appeal against other Government bodies sometimes Ex Parte. Some Universities take State taxes. Status of being a Government becomes easier. Those without this function.
The Administration Procedure of the University tends to be governed by Administrative law , in which the State influences in Higher Education. Usually, under those circumstances , Writ of Mandamus are argued under Subject Matter in the Appeals because Administration actions under State influence qualifies as a Tribunal. The Appeals court has Subject Matter Jurisdiction over Tribunals.

According to California these are the elements you must prove. (1) the respondent has a clear duty (2) the petitioner has a beneficial interest in the performance of that duty (3) the respondent has the ability to perform the duty; (4) the respondent has failed to perform the duty or has abused his, her, or its discretion in performing the duty; and 5) the petitioner has no other plain, speedy, and adequate remedy.

I would Follow Up with the Education Attorney.

Please look at the dates on threads, OpenLaw. This thread is from June and, on this forum, it is considered an old thread that should be revived only by the original poster.