Can't Get Tuition Refund, Rules Not Disclosed

[CSUStudent]

I have many questions to ask, about an "ordinary" writ of mandate proceeding, but for now can someone help me answer just a couple of questions?

I am a student that has challenged the administration of his university. The school has lied to me, about much. They claim that I did not do what their policies require. But there is no publication of what their policies require (in this regard) anywhere.

Here's one example: I forgot to turn in an otherwise properly dated and signed drop form, until 2 weeks after the end of the semester. I certainly did drop the course, but they still assigned me an "F." (The instructor did NOT assign the "F.") They said they have a policy... They made me file a "petition for exception to academic policy." Ultimately, they denied my request to accept the form.

Later, I find out that there was NO WRITTEN POLICY that I had violated! Further, they don't even specify any date by which the form has to be "turned in." I just now found out about this fact. Thus, I DID NOT violate any "policy" at all! There are other reasons why my petition for writ of mandate should be granted, but this is certainly a very good reason all by itself.

I want to attack this situation in my "trial brief." I want to claim that the defendant/respondent had an "implied duty" to ACCEPT my drop form, even if 2 week after the end of the term, because they had not published any date by which the form was supposed to be "turned in."

AND THE QUESTION IS can I claim an administrative agency has an "implied duty" accept the form and perform the act of recording the "drop" and erasing the "F" grade they assigned me? I ask this because I read so much about the administrative agency only having to have a clear duty required by law... is a clear implied duty required by law?

ANOTHER QUESTION IS how do I go about getting a subpoena so that I can get the "administrative records" into court, as well as to get them to answer some interrogatories, possibly some admissions, and to call a particular witness? (Would I be allowed to call a witness? It would sure help me to win if I could. I have a couple of dandy questions to ask this guy.)

[4eyedbuzzard]

You turned in a drop request/notice after the close of the semester, and expect it to be accepted?

Have you been in any courtrooms?

There's a word judges use a lot. That word is reasonable. As in what a reasonable person would expect, believe, do, etc.

What you are proposing is, bluntly, unreasonable. And honestly, I doubt it will ever be heard in a court. You have about a zero percent chance of prevailing.

[CSUStudent]

Thank you 4eyedbuzzard, for your comments...

Actually, I was asking for help about getting some things done, so I can proceed effectively in my "trial." I do appreciate your opinion though. The fact of the matter is, however, there is no due date published for turning in the drop forms. I simply forgot because I was so exhausted. The next term had not begun yet. It was (and still is) easy to verify with the professor that I did cease to attend his course after the form was signed and dated by him (well BEFORE the last day to get the form signed and dated), there is also so REASONABLE consideration as to what honestly constitutes the "withdrawal" from the course, whether it is REASONABLE to rake a student over the coals because of a human failing (forgetting for exhaustion)...

...BUT I can see from your comment that there are many people that think it IS "reasonable" to ignore all these things I mention because of a belief that no human being should ever make a mistake with paperwork.

Are you a bona fide "bureaucrat" sir?

Also, I have seen no indication in the writ of mandate matters that "reasonable" has anything to do with anything at all.

Do you have any experience with "writ of mandate" matters?

[CSUStudent]

Also, I have seen no indication in the writ of mandate matters that "reasonable" has anything to do with anything at all.

I take back what I said, I see now that "reasonable" will have something to do with the decision on the writ -- as I learned that writs are essentially "equitable" proceedings!

However, they are also legal proceedings, and in the strictest sense of the word.

It looks to me like law takes precedence over equity though. But absent any written law, equity seems to take over.

But I'm just generalizing, of course, and guessing too.

Again, there is no writing as to the due dates on the "withdrawal forms." My pitch to the judge will be that I had to drop the course because I was exhausted, and couldn't remember anything (which is actually the truth). Maybe he will understand that because this really gives me no "academic" advantage, and because it only happened one time in my college career, he might forgive it (with his equitable power). But one thing is for sure, this loony college administration will not forgive it, they are out to get me! They got 2 attorneys on this. (Do you think they are trying to spend as much time and money on this as possible -- so they can ask for more budget money next year? That's what I think.)