California State University Grade Point Average Issue

[CSUStudent]

First, let me say this is a little long, but if you want to skip right to where I need some help, that is found near the end of this post. I wrote all this to be complete. Maybe someone will be able to actually solve my entire problem for me. But short of that some guidance here would be great too.

Anyway, I have a problem with a California State University. I have been having problems with the administration of this school since day one, but this last problem resulted in a need to take them to court -- seeking a petition for writ of mandate to get out from under a policy that prevents my true cumulative grade point average from being stated on my CSU transcript.

THE SITUATION IS THIS: My cumulative GPA is stated as being 2.64 for my B.S. in biochemistry, by their calculations. However, I find that they did not include some grades from some of the community colleges I attended while (simultaneously) attending the CSU (and BEFORE the date of my graduation). In my last semester they had me pay $35 for a "grade check" where they told me they would update all my transcripts... didn't happen that way. I had a lot of grades of "A" to be transfered to the CSU, bringing my GPA up some. Also, there is the matter of a grade of "F" I got in a course at CSU, because I forgot to turn in the signed and dated drop form!!! Yeah! I was tired, and the office was closed for the weekend. Forgot to take it to them on the next Monday, discovering my mistake a couple months later when I saw I got an "F". No big deal I thought, because I could petition them to accept the form late -- they denied that petition -- or I could get the grade "repeat-deleted" because I could take that course over again. It was a "physical chemistry" course, and a simpler version for those taking "biochemistry" as a major. So what I did was enroll a year later in the more difficult "physical chemistry" course for the "chemistry" majors, and I passed it with a "B." But I didn't get a "repeat-delete." The CSU administration said that this was because the course numbers were different, and so no matter what anyone ever says they will not consider changing the grade. Later, I spoke to an instructor, and he told me that they would have to change the grade if that is the right thing to do, and he and another P-Chem instructor gave me a letter stating it was the right thing to do. BUT IT WAS NOW AFTER THE DATE OF MY GRADUATION by a couple months. I did file a petition to get this "F" grade removed (i.e. repeat-deleted), but it was denied -- because I graduated (and that was the only reason for the denial).

Basically, this CSU school I attended has a policy to not change anything at all about a students transcripts if a student asks the request be made AFTER the date of their graduation -- no matter how soon after. This is a "policy" they won't make an exception to under any circumstances. MY POSITION IS this policy doesn't make any sense!!! After all, if before the point in time I graduated my ACADEMIC WORK shows I did the things that should have earned me a particular GPA then let the record rightly reflect that!!! Right?

They don't agree, and now we are in court -- as once they deny the petition for exception to academic "policy" they simply no longer offer you any recourse at this particular CSU. You must then take them to court.

But this action is a little different; It is a petition for writ of mandate proceeding where I am claiming that the policy itself makes no sense -- there is no compelling state interest NOR any rational basis behind it. Further, when the policy was pointed-out to me in the college catalog, in the one sentence statement of the policy in the paragraph it is found, it comes after a discussion about students who take classes AFTER they graduate and expect that work from AFTER their graduation to count in their GPA on their bachelor's degree -- which is not at all my situation. Again, in my situation I am only asking that the academic work (grades I earned) BEFORE the date of my graduation be fully accounted for in my bachelor's degree stated GPA.

And why is this so important?

Because my GPA will go OVER 2.7 (slightly) if this is done. And under the terms of the No Child Left Behind Act I can NOT get enrolled in a teacher intern program unless that GPA on my first bachelor's degree is stated as 2.7 or higher.

YES, I have already taken and passed the CBEST and CSET tests, and so I am ready to go with any teacher intern program -- just as soon as this GPA mess is straightened-out (if it ever is).

NOW WHAT I NEED SOME HELP ON:
I already filed my "Petition for Writ of Mandate" with the Los Angeles Superior Court (giving you some idea of where the CSU is located). Now, the attorney for the CSU called me, and "discussed" the matter of the trial on the action. She told me that as her client is unwilling to discuss any settlement this matter will go directly to trial. She asked about the "Lodging of Records" and my "Request" to them for that.

She would not tell me where the rule of court was that I needed to follow to send them my request. So I have to look that up myself.

CAN ANYONE TELL ME WHERE I can find the relevant section of the "rules of court" (and anything else I need to comply with) is located in the law books? I looked but could not find any such "rule" on "requesting" that the Defendant/Respondent file or "lodge the records."

[aaron]

For references to "lodging" records, take a look at the Code of Civil Procedure, Sections 2025.480, 1088.5 or 1094.8.

[CSUStudent]

Thanks Aaron,
But I don't think those sections will cover what I need. (Were sections on depositions and stating the fact that the records may be "lodged" but no instructions of any kind.)

I need to know how to make the "request" of the defendant/respondent to lodge the records.

If anyone knows where I can find such instructions on how to request that the defendant/respondent administrative agency "lodge" the records they have, please let me know.