SUNY New York faculty retaliation; can I sue in small claims for tuition refund

[BACKTOSCHOOL]

Can I sue for tuition refund from the local community college, part of State University of New York, for tuition refund if I was wrongfully prevented from continuing attendance of science lab?

Faculty demanded I meet with her and local college's Student Affairs for discussion on why I did not submit lab reports and other matters. I requested that the exact details of the complaint be provided in writing. Faculty would not let me return to lab without first meeting, faculty did not provide me with anything in writing or specific details, re: alleged disruptive behavior, as to why she wanted meeting. I could not take the final. I filed discrimination/ harassment complaint with college, which is currently underway. However, I am not optimistic that the "Old Boy Network" of the Grievance Committee will be impartial.What is the name of your state (only U.S. law)?

 

[You Are Guilty]

Can I sue for tuition refund from the local community college, part of State University of New York, for tuition refund if I was wrongfully prevented from continuing attendance of science lab?

Faculty demanded I meet with her and local college's Student Affairs for discussion on why I did not submit lab reports and other matters. I requested that the exact details of the complaint be provided in writing. Faculty would not let me return to lab without first meeting, faculty did not provide me with anything in writing or specific details, re: alleged disruptive behavior, as to why she wanted meeting. I could not take the final. I filed discrimination/ harassment complaint with college, which is currently underway. However, I am not optimistic that the "Old Boy Network" of the Grievance Committee will be impartial.What is the name of your state (only U.S. law)?

Just to be sure I have this correct, you were asked to a meeting to discuss missing reports, and instead of going, you complained to them (in writing?) and now want to sue them? Is that it?

 

[LillianX]

You can sue pretty much anyone for pretty much any reason, however in this case, you were given a remedy (attend a meeting) and refused to do so without imposing your own conditions on it. I doubt you would be successful.

 

[xylene]

You have not even attended the grievance committee meeting.

Jump the gun and little touchy...

I'm sure they will give you every penny.

 

[Just Blue]

Can I sue for tuition refund from the local community college, part of State University of New York, for tuition refund if I was wrongfully prevented from continuing attendance of science lab?

Faculty demanded I meet with her and local college's Student Affairs for discussion on why I did not submit lab reports and other matters. I requested that the exact details of the complaint be provided in writing. Faculty would not let me return to lab without first meeting, faculty did not provide me with anything in writing or specific details, re: alleged disruptive behavior, as to why she wanted meeting. I could not take the final. I filed discrimination/ harassment complaint with college, which is currently underway. However, I am not optimistic that the "Old Boy Network" of the Grievance Committee will be impartial.What is the name of your state (only U.S. law)?

I have to say that it amazes me that a person that has been gifted with the opportunity of a University/College Education would be so dumb to flush that opportunity down the toilet like this.

 

[Humusluvr]

Can I sue for tuition refund from the local community college, part of State University of New York, for tuition refund if I was wrongfully prevented from continuing attendance of science lab?

Faculty demanded I meet with her and local college's Student Affairs for discussion on why I did not submit lab reports and other matters. I requested that the exact details of the complaint be provided in writing. Faculty would not let me return to lab without first meeting, faculty did not provide me with anything in writing or specific details, re: alleged disruptive behavior, as to why she wanted meeting. I could not take the final. I filed discrimination/ harassment complaint with college, which is currently underway. However, I am not optimistic that the "Old Boy Network" of the Grievance Committee will be impartial.What is the name of your state (only U.S. law)?

This is right up my ally, since I teach a science lab at a large university.

If you were failing at the point where the instructor asked for the meeting, you have absolutely no possibility of getting a refund. None.

If you were so disruptive that you needed to be referred to Student Affairs, you have a huge hurdle to overcome if you think you might be able to finish school. At my university, less than 1% of students EVER go through a "Student Affairs" type of hearing. Therefore, if you got called on it, you really really messed up.

Why did you file discrimination? You know that it will be referred to the school's legal team, so unless you had REAL evidence of discrimination, this suit will likely get you booted from school.

So, the answer is - sure, sue. But you will likely lose. And it will take a long time and you will lose out on a lot of money.

If I were you, I would reassess the situation, and figure out a new course of action that involves doing your work, not throwing fits, and acting like an adult.

 

[BACKTOSCHOOL]

faculty retaliation - SUNY CC

Thank you Humusluvr for your post. I did not at any time disrupt any lab or classroom procedure. However, the instructor made a big deal out of the fact that I am >60 yrs old in a class with 18 yr olds! Her allusions to my age were very uncomfortable for me. Further, I am taking an undergrad course for myself, as I have 2 Master's and a doctorate. The lab was conducted in an unprofessional manner, where we did not get to do all required lab experiments due to instructor incompetence. I lodged a complaint with the course lecture instructor and the division chair. Instructor's behavior changed but she persistently singled me out every class for not paying undivided attention to her, including having me read lab instructions out loud....She is a working chemist who lost her job and is now an adjunct in chemistry, teaching intro to biology....and calls herself "Professor"....

I needed to leave class early one day due to a work commitment. I left very quietly. Next day, I received a telephone call from instructor telling me that I needed to report to a person in "Veteran's Affairs and Judicial Affairs". I asked that I not be telephoned at home and that instructor should put all her concerns in writing to me as I worked full time. Instructor repeatedly refused to put anything in writing and demanded that I go to this meeting. I informed her that I worked and could not do so without a good reason. In the meantime, instructor stated that I could not go back to lab. As this was a 5 week summer course, instructor kept me from taking the final. I was pulling a B+ (and got an A in Organic lab during the prior semester, so am aware of lab requirements). Further, without any reason, the person in "Veteran's Affairs" telephoned me, again invading my privacy, and demanding that I meet with him. I informed him to put in writing the purpose of the meeting before I could take time out of my work schedule. I received no reasons in writing from this person either. However, I did receive an email the next day stating that unless I meet with him, I would not have access to my transcripts or be allowed to register for any further courses! No reason was ever provided in writing but these threats were made in writing. As a result, I took and Audit for the course and requested a Sr. Audit - i.e. sitting in class without paying tuition, an option open to anyone over 60 yrs old. I registered a formal complaint, requesting full refund, which is in process but not very promising. I donot see any system in place to curb faculty abuse of power, faculty not following set procedures for initiating a grievance against a student, and retaliating for my complaint made in the first week of class. What options do I have for holding them accountable for their behavior, stop future bullying....

 

[Humusluvr]

Thank you Humusluvr for your post. I did not at any time disrupt any lab or classroom procedure. However, the instructor made a big deal out of the fact that I am >60 yrs old in a class with 18 yr olds! Her allusions to my age were very uncomfortable for me. Further, I am taking an undergrad course for myself, as I have 2 Master's and a doctorate.

OK, so you know how the system works, and I'm sure you've seen some well-run classes and some poorly-run classes. I know I have. I am currently in classes for a doctorate, and I'm shocked sometimes by lack of professionalism.

The lab was conducted in an unprofessional manner, where we did not get to do all required lab experiments due to instructor incompetence. I lodged a complaint with the course lecture instructor and the division chair.

What came of this? Did you get any resolution from the dept chair?

Instructor's behavior changed but she persistently singled me out every class for not paying undivided attention to her, including having me read lab instructions out loud....She is a working chemist who lost her job and is now an adjunct in chemistry, teaching intro to biology....and calls herself "Professor"....

So, she was on a power trip. You never asked her to call you "doctor" right? I hope not. I can see how you might butt heads.

I needed to leave class early one day due to a work commitment. I left very quietly. Next day, I received a telephone call from instructor telling me that I needed to report to a person in "Veteran's Affairs and Judicial Affairs".

So, you were referred by the lecture instructor or the lab instructor?

I asked that I not be telephoned at home and that instructor should put all her concerns in writing to me as I worked full time. Instructor repeatedly refused to put anything in writing and demanded that I go to this meeting.

You should have gone to the meeting. You could have defended yourself against them.

I informed her that I worked and could not do so without a good reason. In the meantime, instructor stated that I could not go back to lab. As this was a 5 week summer course, instructor kept me from taking the final. I was pulling a B+ (and got an A in Organic lab during the prior semester, so am aware of lab requirements).

Could you ask to take an IP (In Progress) then take with another instructor?

Further, without any reason, the person in "Veteran's Affairs" telephoned me, again invading my privacy, and demanding that I meet with him.

We're you taking the class as a Veteran? Or was this Judicial Affairs?

I informed him to put in writing the purpose of the meeting before I could take time out of my work schedule. I received no reasons in writing from this person either. However, I did receive an email the next day stating that unless I meet with him, I would not have access to my transcripts or be allowed to register for any further courses!

Your request is reasonable, in my opinion, but they do have the authority to deny your registration. Remember, at this point, they only have the instructor's side of the story, not yours. Until you make yourself heard in a hearing, they are just looking at you as an insolent kid, even though you're not.

No reason was ever provided in writing but these threats were made in writing. As a result, I took and Audit for the course and requested a Sr. Audit - i.e. sitting in class without paying tuition, an option open to anyone over 60 yrs old. I registered a formal complaint, requesting full refund, which is in process but not very promising.

I don't think you'll get a refund, because you haven't done the Judicial Affairs meeting.

I donot see any system in place to curb faculty abuse of power, faculty not following set procedures for initiating a grievance against a student, and retaliating for my complaint made in the first week of class. What options do I have for holding them accountable for their behavior, stop future bullying....

Collect all your facts in writing, every policy they broke, every time the syllabus wasn't followed, every time the lab instructor didn't do what they were supposed to, every time the lecture professor was derogatory, and file a grievance with your dean. There should be a student complaint process. But, you will get dinged for not going to the Judicial Affairs meetings. That was your opportunity to plead your case. Maybe the dean will hear you, but he will most likely refer it back to Judicial Affairs.

Sorry.

 

[BACKTOSCHOOL]

SUNY CC faculty retaliation

Thank you again Humusluvr. I never had any problems with the lecture instructor. Ands no, I did not ask her to address me as Dr. although I did not appreciate being called "hon" by her....This is all happening in a very short period of time - class started June 1 and ended July 1, 2011. After the lab instructor refused to let me attend lab 2 weeks before end of summer semester, and i received a threatening email from this "Veteran's-Judicial Affairs" (which is nowhere to be found as a dept having jurisdiction over student affairs), I never received any written clarification about the specific grievance the lab instructor had against me....the grievance was really based on retaliation, I believe, for my complaint against her first week of class. I could not go to any meetings with this Veteran's Affairs person (and no, I am not a veteran, but married to one) without a written justification or reason. At no time did the lab instructor or Veteran;s affairs person provide me with a written justification for calling a meeting. And I still have not received any written explanation. After being threatened by the Veteran's affair office, I initiated a grievance against the lab instructor based on the fact that she was retaliating, harassing me for my initial complaint against her, and that she had made an issue out of my age....now, in violation of Title IX, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act of 1973 and Age discrimination....

Dept chair did not reply to my email, my complaint was referred to the Office of Student Development VP, who is in charge of student grievances, which is what I am pursuing. However, he denies that what I have described has anything to do with Title IX and is dismissing my charges. He want s me to get student witnesses to corroborate my claims and has stated that he has interviewed students referred to him by the lab instructor as witnesses....of what, is not very clear to me, as I never disrupted lab time. If I complained about the lab instructor, it was outside of class always. Never inside class. So I cannot imagine what these "witnesses" could have said unless coachec by the school.....I do not need the class, or credits, or $$ but this type of faculty abuse should be stopped and there should be a mechanism which is "objective", more or less, to curtail such behavior.

I feel that the SUNY CC breached contract bv not allowing me to take the final and a get a grade as I intended....all without written justification but by unilateral action of one faculty member with an inferiority complex, using the school resources as a club. This VP will make a decision himself, I believe. I cannot find any info on how harassment/ retaliation/ discrimination charges should be handled in a transparent manner. It appears they do whatever they want....without a written justification.....harassment, if you ask me.

I am asked to provide witnesses to her discriminatory behavior but her refusal to let me take the final is harassment in and of itself....the school is not following its own procedures, so what can I do about it?

 

[Humusluvr]

There's no way they should just "make a ruling." You should ask that your grievance be heard before a board of faculty and students. Usually there is something like that at each school, or the school is not in compliance with the state.

Age discrimination would be a civil rights issue, I believe. Try the office of equity and inclusion.

suny.edu - The Office of Diversity, Equity and Inclusion (ODEI)

 

[BACKTOSCHOOL]

SUNY jusrisdiction over community college

do you know whether SUNY has jurisdiction/ supervision over educational/ grievance procedures in NY Community Colleges, or are the separate CC controlled by the local County? Cannot locate relevant Provost reference site on SUNY web url.

 

[Humusluvr]

do you know whether SUNY has jurisdiction/ supervision over educational/ grievance procedures in NY Community Colleges, or are the separate CC controlled by the local County? Cannot locate relevant Provost reference site on SUNY web url.

Yeah, I poked around on the SUNY website for a while, but it is awful. I can't tell if there is any jurisdictional power, or whether everything is handled internally.

 

[Humusluvr]

do you know whether SUNY has jurisdiction/ supervision over educational/ grievance procedures in NY Community Colleges, or are the separate CC controlled by the local County? Cannot locate relevant Provost reference site on SUNY web url.

Maybe this guy could give you more info

Contact: Kyle J. Hill

Interim Director of Communications

[email protected], 631-275-2354

He is with the student assembly for the entire SUNY, so he might have some insight or power.

 

[BACKTOSCHOOL]

Thank you. I will contact him and let you know the result. Thank heaven for the web - independently run for and by all of us peons. Otherwise there is a dearth of access to valid information. Thank you again. I hope he has some insight into how to curb faculty abuse of power, especially at the community college level.

 

[Humusluvr]

Thank you. I will contact him and let you know the result. Thank heaven for the web - independently run for and by all of us peons. Otherwise there is a dearth of access to valid information. Thank you again. I hope he has some insight into how to curb faculty abuse of power, especially at the community college level.

Good luck to you! I hope this all works out and you can finish your course!