Definition Of Abuse

[Blkrse]

My question involves criminal law for the state of: North Carolina. Im in a very unusual situation and I asked the Criminal Magistrate of Raleigh, where I live about it, this weekend. He said he didnt know what to do! You can imagine, if he doesnt know, how I am supposed to know?!

The problem arose on the 2nd day of class, last week at NCSU, in Raleigh. On the first day, Monday, apparently the instructor noticed that I had the wrong prerequisite, which was Survey of American English. Instead, I had Survey of English. (from 700-1850, GB). So he had emailed me and suggested I drop his class and add some other class.

I had not read the email. By the way: I have since emailed the professor a reply and a few of the administrators, and none of them have even opened the emails, since we have an announcement system in our NCSU.EDU email which would let me know they had.

But I innocently strolled into class ready to talk about the paper. Its a 5week course, which is extremely abbreiviated, since they are usually about 3 months during the fall and spring. Everyday is very intense, but I prepared in advance and had already read half the book we were writing the first paper on.

The instructor freaked out that I had showed up. He dragged me out of class and began to berate me in the hall. I misunderstood his attempts to intimidate me. Instead I assumed that he was upset because of the prerequisite and curriculum issues. In that regard (but very little else--lol) he was within his rights. So I left, during class time, to go to registration and records and change the status of my enrollment to Audit. That would let me continue to attend the course but the instructor wouldnt be required to give me a grade and I wouldnt get credit toward graduation.

Its a bit of a disappointment; but I supposed that it was my fault for missing the prereq. I later called my advisor and she is on vacation until July.

Reg and Records was OK with everything: it was the only second day of class, no problem with deadlines. They changed it immidiatly and I came back to class, worried more about wasting my 700$ of non-refundable tuition than anything.

The prof freaked out that I had returned to class. He began yelling at me in front of the other students present. He waved his fists, waved some heavy books. Made extremely deragatory remarks.

I have looked up the definition of "abuse" and I think he fits it: Abuse, to physically or mentally harm, harass, initmidate, or interfere with the personal liberty of another, causing substancial emotional distress by continued harassment.

I would say that he was "abusing" me, at that point. Very definatly it was harassment, although the Criminal Magistrate asked me pointedly if he had brandished a weapon such as a gun. He did not. He also didnt specifically threaten to "kill" me, but I would say that the behavior was definatly out of order and very personally threatening both physically and emotionally.

He made me go discuss the matter with the head of the graduate studies department of the English Dept and I found out later that this was because he was only administrator who wasnt on vacation. I think the general idea was to just gang up on me and bully me, since neither one of them would accept my paperwork from registration and records and kept threatening to "have me disenrolled" ; which is a power that no teacher technically has, over a student.

Finally I went back to class. Its hard to believe that all that happened on the second day of class, but it did. The class time is a bit longer becuase of the shortened 5 week course. The instructor also talked about having me "disenrolled". My reaction was disbelief, since I know they dont have that power. Also, its embarassing and humiliating to have instructors behave this way, so you try to deny it to yourself.

I explained that he couldnt "have me disenrolled" and that maybe he misunderstood the limits of the powers of the English Dept in the matter and he should call Registration and Record directly to ask them personally? Then I said see you tomorrow and I left.

Apparently he did just that since he had the Campus Police waiting for me on the first day of class. He told them some story about how I had been "asked to leave". I think he basically must have made up a lie, just like he lied about trying to have me disenrolled. That simply isnt possible.

I explained to them that everything was in order, showed them my Audit papers and that I had paid my tuition. They then gave me a warning for trespassing, which means that I have to write an appeal to the Director of Campus Police to even be allowed back on campus to use the Library or the Gym, never mind this instructor's crummy class.

It was extremely annoying. Changing your enrollment to an Audit is NOT a crime! However, the way that instructor spoke to me in public for a protracted length of time, on the second day of class definatly was harassment. I think you could make a case that he misused the Campus Police also..........but my appeal will have to be granted before I can even return to campus to discuss it!

I wanted to ask the Criminal Magistrate if I could press charges for Harassment, through the County, since if someone spoke to me like that ANYWHERE else besides in thompkins hall, I would call 911.

I really feel extremely upset. Now I cant even go to campus and use the resources such as the Library; what about my tuition?! I have written a 3 page letter to the Campus Police asking for their warning to be lifted. I also wrote a 5 page letter to the head of the English Dept (who is on vacation, unfortunatly).

The Criminal Magistrate told me I should try to file a police report of harassment through the Campus Police. They will then transmit it directly to h im at the State and County Court. From there, he will be able to press charges of harassment against the prof.

My question is: what exactly are my rights? IF I go to the Campus Police to make a "police report" of harassment, they are going to be in an awkward position, since this guy is an instructor. He already misused the campus police once in this matter. They are going to be predisposed not to believe me.

Should I ask them to interview the other students who were witnesses? Does it really matter that the instructor didnt explicitly threaten to "kill me"? He obviously intended to do all the things in that "abuse" definition.

[cyjeff]

Okay... let me try to boil this down from the novel you wrote.

You signed up for a class that you didn't have the prerequisite for.

The professor freaked. You left.

You went to the registar and changed it to audit. Then you went back to the class.

The professor freaked to a whole new level. He told you to leave and now you are trying to force your way into his class.

Let's not forget that you are wasting EVERYONE's very limited class time.

Your feelings get hurt because you want to go to class and that mean old professor said no. You go to his boss. His boss not only confirms the no, but, because you took the time to tell him he didn't have any authority, has you barred from campus to prove that he DOES have that much authority.

So, you break out your word processor and write everyone and their dog long drawn out letters (that part I can believe) saying how you have been wronged.

You are allowed to be barred from a class for not taking the required prerequisite courses. You are allowed to be barred from campus if the current administration finds that your presence presents a danger to other students or a disruption to the learning process.

Though my college years are quite a bit behind me... students for audit had to be approved by the professor of that course. Apparently, you didn't ask for permission...

I don't know what you think will happen. Do you honestly think someone will force the professor to let you into class?

If I was you, I would shoot for being allowed on campus again. Baby steps.

[LawResearcherMissy]

I agree wholeheartedly with Cyjeff.

I don't know why you think mouthing off at a prof is a good idea, but I'd see to straightening up my attitude right quick-like, lest I find myself booted off campus with extreme prejudiced and someone's shiny shoe implanted sideways in a very uncomfortable place.

"The customer is always right" simply does not apply on college campuses.

[cyjeff]

One last thing...

The whole reason you have prerequisite courses is so that the students in class can have an assumed knowledge base to work from.

Allowing a student without that knowledge base may slow down the entire class.

With a limited schedule and limited time, I can see a professor feeling that strain and not wanting to deal with ANYONE that would slow down the class.

[Blkrse]

1. There was no "mouthing off" (and pleeeeeeeeeeze refrain from taking gross liberties with the ACTUAL events)

2. the rules state that I can change my enrollment status within the first 3 days of class, without the express signature consent of the prof, which he was in fact refering to in the unread email. He himself refers to this practice, when mentions that maybe I ould drop/add. I just chose option number 3, which was audit and apparently he hadnt considered that a possiblity.

3. He DID threaten me. Both verbally and physically. With witnesses. And, this stuff about dis-enrollment is pure fantasy based I assume on some delusions of granduer that various people in the English Dept labour under. They DO NOT have that capasity. As you may "recall" from your "years in college", only reg and rec can change my enrollment status!!

As to calling in the Campus Police, I have several other options that I forgot to mention. I can also accuse him of making a false police report, since there was NO DISORDERLY CONDUCT on my part, for which there are AMPLE witnesses. Everybody (and their dog) knows exactly what happened! Including some extra people whom I have now written a rather vehement rebuttal of his behavors to!!

I can ask the Campus Police (according to the Criminal Magistrate) to charge him with Communicating Threats, making a false police report. I can ask that some of the officers make a petition against him for irrational behavior, that he be forced to see a Counselor at the health and infirmery center for some moodstabilizers or prozac or whatever they have over there.

I have to say, folks, Im kind of underwhelmed by your comprehention of events and even less impressed by the "moral support" you have to bring to this question.

AT the very least: what about my 700$ unrefundable tuition?! Im supposed to just go home and call my mom and say "dont worry"?! About what? That Im never going to see my money again?! That this instructor grossly overstepped his authority? That his selfserving disingenuous unprofessional behavior is OK?! IN YOUR DREAMS!! THat conversation is never going to happen, because my mom knows very well exactly what the score really is, which is apparently more than I can say for the various comments I have recieved so far in reply.

[cyjeff]

1. There was no "mouthing off" (and pleeeeeeeeeeze refrain from taking gross liberties with the ACTUAL events)

Trust me. When you start telling professors what they can do in their own classrooms and college administrators what roles, powers and responsibilities that do and do not have, you are mouthing off.

I know you think you have the right to put them in their place. You don't. To them, you are just a loudmouthed kid that has an overly inflated sense of self.

To underline this point, did you notice how fast the Magistrate RAN from you when you tried to beat this dead horse?

2. the rules state that I can change my enrollment status within the first 3 days of class, without the express signature consent of the prof, which he was in fact refering to in the unread email. He himself refers to this practice, when mentions that maybe I ould drop/add. I just chose option number 3, which was audit and apparently he hadnt considered that a possiblity.

Which, in his class, apparently isn't an option.

He gets to set the rules in his own class - you don't. Especially someone that is obviously not prepared for the class and is prone to disruption.

3. He DID threaten me. Both verbally and physically. With witnesses. And, this stuff about dis-enrollment is pure fantasy based I assume on some delusions of granduer that various people in the English Dept labour under. They DO NOT have that capasity. As you may "recall" from your "years in college", only reg and rec can change my enrollment status!!

Funny you should mention "delusions of granduer". I knew this student once that thought that an entire university should dance to her tune just because she wanted it to do so.

She decided what courses she was and wasn't prepared for and decided which professors and college administrators had what powers and authority.

Funny things, those delusions.

As to calling in the Campus Police, I have several other options that I forgot to mention. I can also accuse him of making a false police report, since there was NO DISORDERLY CONDUCT on my part, for which there are AMPLE witnesses. Everybody (and their dog) knows exactly what happened! Including some extra people whom I have now written a rather vehement rebuttal of his behavors to!!

Let me guess... the rebuttal was at LEAST 1,000 words.

Damn girl... do you say Hello in less than 3 pages?

He did not make a false police report. You disturbed his class not once but twice. Then you apparently made a scene at the administrator's office sufficient to have him CALL THE POLICE ON YOU.

Those two events, taken together from different but respected sources, will fly in the face of whatever false police report charges you would want to levy.

You may not think you made a scene. The evidence says otherwise.

I can ask the Campus Police (according to the Criminal Magistrate) to charge him with Communicating Threats, making a false police report. I can ask that some of the officers make a petition against him for irrational behavior, that he be forced to see a Counselor at the health and infirmery center for some moodstabilizers or prozac or whatever they have over there.

Speaking of delusions.

Okay.... you obviously don't know how the system works. Let me help you.

You, a student, may file whatever complaints you want. You, a student, has NO authority or right to tell them what disciplinary action, if any, should be levied on ANYONE.

As for the "petition of irrational behavior", that doesn't exist... and you certainly can't insist that someone be medicated.

And if anyone is displaying irrationa behavior, it would be you.

I have to say, folks, Im kind of underwhelmed by your comprehention of events and even less impressed by the "moral support" you have to bring to this question.

I promised no moral support. I can only understand what you tell me.

So far, all I see is a student with an overly inflated ego demanding that the university bend over backwards for her and then is honestly surprised that it didn't happen.

AT the very least: what about my 700$ unrefundable tuition?! Im supposed to just go home and call my mom and say "dont worry"?!

No, you go home and tell your mother "I made a mistake. I signed up for a class that I didn't have the prerequisites and the professor wouldn't let me slide. I took it up the ladder but no one was going to force a professor to make the entire class slow down for me."

About what? That Im never going to see my money again?! That this instructor grossly overstepped his authority? That his selfserving disingenuous unprofessional behavior is OK?! IN YOUR DREAMS!!

Right.... and you NEVER make scenes. See above "I made a mistake" answer.

THat conversation is never going to happen, because my mom knows very well exactly what the score really is, which is apparently more than I can say for the various comments I have recieved so far in reply.

Wait until you tell her that you made such an jerk out of yourself that you got barred from not only this class but ALL your classes and the campus itself!

I give you even money that she isn't even surprised. She has been putting up with this a very long time....

[Blkrse]

Hmmmmmmmmm. Well Im going to have to call "bullcrap" on most of that.

I think I would compare this to a Domestic Violence case.

You remind me of a member of the Inquisition of 1440 !! Remember that? The church elders that had people burned at the stake if you didnt 'agree' with every letter of the Papal Bulls?

HA! Thats exactly what this is like! You are exactly the type who would get some poor lady complaining that her husband beat her repeatedly for not boiling the soup, and you would turn around and tell her that her husband had ever legal right to beat her and that she had it coming!!!!!

And probably to stop whining about all her broken bones before you had her hauled out in handcuffs? ISNT THAT SO?!! Yeah: thats what I thought!

Apparently we need to cover some of the FACTS again, to refresh your memory, since you are so fond of the sound of your own voice that you cant remember what you are talking about long enough to actually stick to what HAPPENED.

NOONE, even the student body president, has the "right' to make threats against ME. Ok? I dont care if he was wearing Napoelons crown and riding Napoleons horse, at the time!! Its still not allowed!~

And there are NO rules which make such provisions, for "abuse". NONE. That is pure T Bull Crap.

I did NOT disrupt the class. I already told you what happened and you keep trying to change the actual events to fit your "version" which is FICTIONAL.

The prof got mad that he couldnt get his way and he did something he wasnt supposed to do: he overstepped his authority by personally threatening me in front of witnesses. Now that he has involved the Campus Police it is perfectly normal and within my rights to contact the Criminal Magistrate.

I dont know where you are getting some of your impressions from? Your imagination? The Magistrate didnt "run" (?!) he simply suggested that I make a police report. That sounds reasonable.

and, I am NOT a "whipersnapper". Im 36. OK? Im a grownup just like you are, not some 22 yr old sophmore with braces. I certainly am NOT in the habit of recieving abusive rants from middle aged over the hill, midlifecrisis divorcee's such as this JERK in the English Dept!!

For your information, I will include the URL of NCSU's Legal Dept,so you can read that and see what you think of the school's facility to help me

http://ncsu.edu/student_affairs/lega...y-domestic.php

The Campus Police finally sent me a reply which was somewhat vague. They said they dont know what to do and they want me to meet with a Student Advocate. They will waive the trespass warning for the hour of my meeting with him, which will be next Monday at 3pm. After that, I may also be required to submit an additional appeal letter to the head of the Student Affairs Dept.

If I were in the wrong and had commited any infraction, do you think I would go to the trouble of attending meetings and writing endless letters? NO of course not! This whole issue is patently rediculous and it is selfevidently so, which is why Im sure that it will become clear exactly what really happened and then there will be some hearing of actual events which will clear me and indict this cheesehead that started the whole thing, who clearly needs professional counseling and PROZAC.

[cyjeff]

Hmmmmmmmmm. Well Im going to have to call "bullcrap" on most of that.

Of course you do. It disagrees with what you want.

I think I would compare this to a Domestic Violence case.

What an offensive thing to say.

Do you really think that your tiff with your professor because you didn't get your way equates to DV?

You are young. And stupid.

I think I am beginning to understand the problem.

You remind me of a member of the Inquisition of 1440 !! Remember that? The church elders that had people burned at the stake if you didnt 'agree' with every letter of the Papal Bulls?

Yes, I, too, have been to college.

Also not applicable. At no time did the Jews want to attend a university course for which they were not prepared.

HA! Thats exactly what this is like! You are exactly the type who would get some poor lady complaining that her husband beat her repeatedly for not boiling the soup, and you would turn around and tell her that her husband had ever legal right to beat her and that she had it coming!!!!!

And probably to stop whining about all her broken bones before you had her hauled out in handcuffs? ISNT THAT SO?!! Yeah: thats what I thought!

Believe it or not, the fact that you are so egotistical as to think that your inability to get your way is the same as DV does not make it so.

That fact that you think your situation even comes close just shows how very immature you are.

I tell you what.... go volunteer at a DV shelter and then open your mouth.

I have. You have no idea of what you speak.

Apparently we need to cover some of the FACTS again, to refresh your memory, since you are so fond of the sound of your own voice that you cant remember what you are talking about long enough to actually stick to what HAPPENED.

Yeah... I am the one writing 5 page letters to everyone. And getting no response...

NOONE, even the student body president, has the "right' to make threats against ME. Ok? I dont care if he was wearing Napoelons crown and riding Napoleons horse, at the time!! Its still not allowed!~

There is a vast difference between making threats and telling you that disciplinary action can and will be taken if you continue to ignore university policy.

Not only are those threats allowed... you gave the administration permission when you applied.

Deal with it.

And there are NO rules which make such provisions, for "abuse". NONE. That is pure T Bull Crap.

You think what happens to you equates to DV abuse.

You obviously don't know what the word means.

I did NOT disrupt the class. I already told you what happened and you keep trying to change the actual events to fit your "version" which is FICTIONAL

.

Yup... you got thrown off campus because it was "Be Mean to a Random Student" Day.

The prof got mad that he couldnt get his way and he did something he wasnt supposed to do: he overstepped his authority by personally threatening me in front of witnesses. Now that he has involved the Campus Police it is perfectly normal and within my rights to contact the Criminal Magistrate.

I dont know where you are getting some of your impressions from? Your imagination? The Magistrate didnt "run" (?!) he simply suggested that I make a police report. That sounds reasonable.

Did he file for you? Did he call the police himself?

This is the Magistrate's JOB... and HE told you that you didn't have a case.

Take a hint.

a

nd, I am NOT a "whipersnapper". Im 36. OK? Im a grownup just like you are, not some 22 yr old sophmore with braces. I certainly am NOT in the habit of recieving abusive rants from middle aged over the hill, midlifecrisis divorcee's such as this JERK in the English Dept!!

I am sure it is mutual.

Sorry, I assumed that most 36 year old children no longer relied on Mommy to provide their education.

For your information, I will include the URL of NCSU's Legal Dept,so you can read that and see what you think of the school's facility to help me

http://ncsu.edu/student_affairs/lega...y-domestic.php

The Campus Police finally sent me a reply which was somewhat vague. They said they dont know what to do and they want me to meet with a Student Advocate. They will waive the trespass warning for the hour of my meeting with him, which will be next Monday at 3pm. After that, I may also be required to submit an additional appeal letter to the head of the Student Affairs Dept.

That isn't vague. You are still banned from campus.

If I were in the wrong and had commited any infraction, do you think I would go to the trouble of attending meetings and writing endless letters? NO of course not!

But here we are.

you are wrong and have written all these unread letters

This whole issue is patently rediculous and it is selfevidently so, which is why Im sure that it will become clear exactly what really happened and then there will be some hearing of actual events which will clear me and indict this cheesehead that started the whole thing, who clearly needs professional counseling and PROZAC.

Again, you are not a medical professional.

You are merely an immature child that didn't get their way and now wants everyone to bend to her will.

Sorry... time to realize that stomping your foot doesn't do it for the rest of us.

Enjoy your time off campus. Consider Anger Management.

[cyjeff]

Ya know what...

I will boil it down for you to this.

Get an attorney to sue the university if you think you have a case.

Good luck.

[cyjeff]

Sooo.....

Were you able to convince the university to medicate your professor?