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.)