Student Denied Permission to Progress in Program

My question involves education law in the State of: CO

Here’s the short version. (This occurred over a 3 month period. I’m leaving out several details for simplicity sake. That being said, if you'd like clarification on something, don't hesitate to ask!) I am a student in a Doctorate of Pharmacy program (at a private university). Through a series of events involving a professor in May 2013, the Dean of the School of Pharmacy awarded me the opportunity to retake a final exam (I underwent the appeals process our program offers). The professor had the option of using the same final exam or rewriting a comparable version of the final exam. My score on the retake exam would replace my original final exam score.

Prior to the retake exam, I emailed the professor to make sure I had access to and was studying all of the appropriate material. The professor informed me that the retake exam would be exactly as the previous final exam and that it would be comprehensive and cover all course objectives.

The professor wrote an entirely new exam for the retake and it was not comparable. Specifically, the incomparability pertained to a particular section of the retake exam. This section included 17 questions. Each question was worth one point. The exam was worth a total of 60 points. Thus, to pass this exam with a 70%, I could only miss 18 questions. This section of the retake exam incorporated concepts from a chapter in the course textbook that we did not cover during the course; the professor skipped this specific chapter. I discovered this in our textbook following the exam. As a result of the incomparability, I received a 63% on the retake exam.

I contacted the Dean of the School of Pharmacy and was told to file an appeal with the Academic Dean (AD). (This is the second part of our program's appeals process. The Academic Dean's decision is final.) I filed my second appeal with the AD regarding the comparability of the retake exam. The AD informed me that her job was to determine if the exams were comparable and if I had access to the appropriate study material in preparation for the retake exam. The AD planned to obtain a blueprint of both the original final exam and the retake final exam to review the material. Additionally, I provided the AD with a copy of the chapter discussing concepts incorporated into the retake exam but that we did not cover during the course. I highlighted the pertinent information to show exactly which concepts came from the chapter we did not cover. The AD's ruling was as follows,

"My ruling is specifically whether the grade was fairly assigned, and it is based upon a judgment as to whether the examination was substantively different from the original examination administered in class, and whether you had appropriate reference materials in order to prepare for the examination.

I am upholding the decision of the Dean of the School of Pharmacy and supporting the grade assigned to you by the course faculty. While it is clear to me that you have thoughtfully analyzed the situation, you did not provide compelling information that would indicate the score was unfair or inappropriately assigned. Your faculty responded to my requests regarding your access to reference materials with specific identification of the references available to you."

The AD never provided a ruling on the comparability of the retake exam as initially stated. My assumption is that the AD knew it wasn't comparable otherwise she would have issued a ruling instead of talking her way around it as I believe she did. Even though it meant neglecting to do her job, I believe the AD covered for the professor as not doing may have been viewed as questioning the competency of a faculty member.

I left out the details regarding other grades I received in this course. I did this because grades are not the issue of concern. I would not waste the time or money filing a lawsuit against a professor for a grade I was given. I would suck it up, retake the course, and move on with life. This is about the comparability of the retake exam. Had the retake exam been comparable, I wouldn't even be writing this post.

As a result of the 63% I received on the retake exam, I wasn't permitted to progress in the fall of 2013. This decision forced me to have to wait out the fall of 2013 semester and retake the course in the spring of 2014. Then, in the fall of 2014, once I have successfully completed the course, I will be permitted to re-enroll full time and progress on in the program. This fall, I lost two scholarships totaling $5,000. This has also prolonged my graduation from the program an entire year, thus forcing me to loose out on a year’s wages earning a pharmacist’s salary. Additionally, I had to give up two summer job opportunities because I spent the summer fighting for my grade in this class.

I would like to file a lawsuit against the professor for the damages. (I don't plan on filing a lawsuit until after I complete the course in the spring of 2014.)
The damages include:
1. $5,000 in scholarships I was awarded but became ineligible to receive
2. $14/hour intern pay for the last 6 weeks of summer totaling $2,520
3. loss of a year’s wages earning a pharmacists' pay which is approximately $100,000
4. Cost of additional financial aid borrowed to cover the expenses of retaking the course
5. Loss of summer wages ~$7,000
6. Cost of visits to the chiropractor to realign my spine (as a result of the stress I experienced)
***These don't take into consideration the money I borrowed from family and classmates to stay afloat financially during this 3 month period or the pain and suffering I incurred as a result of this fiasco.

So, what are my options? Do I have a legitimate case and is it be worth pursuing? What type of lawsuit would this be considered? When contacting out an attorney, what type of attorney should I seek with regard to the lawyer's area of of legal expertise? Lastly, with regard to this particular situation, what is the statute of limitations, assuming one exists.

Thank you!

Nope, you do not have a legitimate reason to sue your professor.

Quote:

---

Quoting Disagreeable

---

Nope, you do not have a legitimate reason to sue your professor.

---

Can you elaborate on why you don't believe I have a legitimate reason to sue my professor. Also, what, in your opinion, would constitute a legitimate reason to sue my professor?

Because his actions were appealed and rubber stamped correct, within the terms of your contract with the school.

Quote:

---

Quoting Here for advice

---

Can you elaborate on why you don't believe I have a legitimate reason to sue my professor. Also, what, in your opinion, would constitute a legitimate reason to sue my professor?

---

Quote:

---

Quoting Disagreeable

---

Because his actions were appealed and rubber stamped correct, within the terms of your contract with the school.

---

There wasn't a contract with the school it was an agreement. I already consulted a lawyer to ask whether or not this situation constitutes a contract. Situations such as this, in which an agreement is signed, do not constitute a contract in the court of law.

Sounds to me like you are SOL.

Quote:

---

Quoting Here for advice

---

There wasn't a contract with the school it was an agreement. I already consulted a lawyer to ask whether or not this situation constitutes a contract. Situations such as this, in which an agreement is signed, do not constitute a contract in the court of law.

---

If there was no contract, then what is your cause of action?

Quote:

---

I left out the details regarding other grades I received in this course. I did this because grades are not the issue of concern.

---

Quote:

---

Through a series of events involving a professor in May 2013, the Dean of the School of Pharmacy awarded me the opportunity to retake a final exam

---

so you bombed the course, bombed the final. bombed the makeup final, and now you are mad at the professor?

work harder next time.

I am shaking my head. What institution allows a professor to rewrite an exam at their own discretion? If anything, this stacks the cards for the professor to fail a student. In most cases - there are alternate standardized exams. Form A, Form B.

I hope your lawyer is able to dig a little deeper because what you've described is academic BS. Boy's Club stuff.

Quote:

---

Quoting Antigone

---

Sounds to me like you are SOL.

---

If it were a public university, I would agree. However, because it is a private university, I still have faith. Based upon my knowledge (and I've done a lot of research on this), unless someone points out something I haven't already considered, I THINK I can still sue for the damages. I just need to find the right lawyer.

Quote:

---

Quoting Here for advice

---

If it were a public university, I would agree. However, because it is a private university, I still have faith. Based upon my knowledge (and I've done a lot of research on this), unless someone points out something I haven't already considered, I THINK I can still sue for the damages. I just need to find the right lawyer.

---

The right lawyer will come. You'll just have to have VERY. DEEP. POCKETS. to make this happen. A full on trial could cost YOU into the 6 figures.

(I'd probably forget the chiropractic bills lest I be laughed out of court)

You'd have a BETTER chance if it were a public university. Because it is a private university, your chances of a successful lawsuit are between slim and none, and slim just left the building.

Quote:

---

Quoting Lehk

---

so you bombed the course, bombed the final. bombed the makeup final, and now you are mad at the professor?

work harder next time.

---

Actually we had a quiz in this course every week; there were a total there were a total of 13 weekly quizzes. I received 80's, 90's & 100's on 9 of the 13 quizzes. I received two 60's and one 50 on the remaining 3 quizzes. Each quiz was 10 questions and worth 10 points.

As for the original final, our class was divided between two classrooms. Each classroom had a professor from the school of pharmacy who acted as the proctor. (This is standard operating procedure for every exam). During this particular exam, less than 20% of the class was able to finish the exam in the time allotted; this is not normal. Typically, no more than 5 students (out of a class of ~60) use the entire time allotted for an exam. Because of the number of individuals still testing when time should have been called, one of the proctors allowed the students in his classroom 10 additional minutes with their exams. I was not in the classroom that was awarded these additional 10 minutes and ran out of time to complete my exam during the time allotted. My score was a 68.8%; one percent away from the 70% I needed to progress. My argument for the first appeal I filed was that had I been awarded the 10 extra minutes half of the class received, I would have been able to obtain the additional 1% I needed in order to reach the 70% exam average necessary for progression. The Dean of the School of Pharmacy reviewed this appeal and issued the retake exam which was to be comparable.

With regard to the incomparable section on the retake final, the original final contained a similar section, but only asked material we actually studied in class and consisted of 14 questions. I got all 14 of these questions correct on the original final. That being said, I would have done fine on this section had the professor not incorporated concepts we did not cover in his class.

- - - Updated - - -

Quote:

---

Quoting BenT

---

I am shaking my head. What institution allows a professor to rewrite an exam at their own discretion? If anything, this stacks the cards for the professor to fail a student. In most cases - there are alternate standardized exams. Form A, Form B.

I hope your lawyer is able to dig a little deeper because what you've described is academic BS. Boy's Club stuff.

---

I was skeptical of the retake exam from the get go. During the first appeal part of the appeal, the professor made false and inaccurate statements about my work ethic in his course. I have these statements in writing. I also have documented evidence which falsifies the statements this professor made. Needless to say, I didn't trust him. I provided the Academic Dean with all of the facts. She simply chose to ignore the facts.

- - - Updated - - -

Quote:

---

Quoting CourtClerk

---

The right lawyer will come. You'll just have to have VERY. DEEP. POCKETS. to make this happen. A full on trial could cost YOU into the 6 figures.

---

I was aware this could get expensive, but what will make it so expensive? Will the university get involved even though I'm only suing one professor? This is a whole new area to me. Any advice in this area is helpful!

- - - Updated - - -

Quote:

---

Quoting cbg

---

You'd have a BETTER chance if it were a public university. Because it is a private university, your chances of a successful lawsuit are between slim and none, and slim just left the building.

---

It's my understanding that at a public university the laws are much more strict than at a private university. Is this not true? Additionally, I don't plan on suing the university, just the one professor. What about a private university would make filing a lawsuit against a professor that much more difficult?

To oversimplify things:

Public: Held to a certain standard, which is much more enforceable.

Private: Can do their own thing to a huge extent.

You're talking about a major trial - and you can virtually guarantee that the professor (if the lawsuit isn't summarily dismissed before it even gets started) will have the full backing and legal representation provided by the University; you will be in effect taking on the entire University.

Honestly? You seriously need to think about this. This is not your run of the mill small claims suit. This isn't even a slamdunk med-mal case where the attorney will take a percentage of the judgment. You're talking about an entity which can likely very easily bury you in legal fees before you even step inside of the courthouse. You're talking about a major undertaking where you will be paying the legal fees up front. You are potentially thinking 6 figures and several YEARS to even get to a preliminary hearing.

Are you absolutely sure you want to start something that you may not be able to finish (at best) and perhaps be liable for THEIR legal fees, too?

I agree with everything Dogmatique just said. In addition, something else to consider is whether the University has an absolute obligation to allow you to return to their program. Can the offer allowing you to return after you retake this course be rescinded? It would certainly be a sad state to sue and then find yourself unwelcome to return at all. So, add researching if any of your credits are transferrable should you became a persona non grata at the University to your list of things to consider prior to taking any action.

It's my understanding that at a public university the laws are much more strict than at a private university. Is this not true?

Because a public university uses public funds, they are held to a much stricter accounting than private universities. A public university must dot every i and cross every t. Therefore, if indeed the AD did not follow the absolute proper procedure in determining whether the tests were comparable (although I am not convinced that this is the case), you would have more protections than you have at a private university, where they can do pretty much anything they like as long as they do not violate the law. And one thing I can absolutely promise you - no laws have been violated.

When you attended school, they said sign these forms. These forms tell you our rules. You agree to follow our rules. Give us X dollars and we will start teaching you(OFFER). You said sounds cool to me. I will sign the admission form and other misc forms to start there(ACCEPTANCE). (MEETING OF MINDS) Here is my tuition money for classes as we agreed to(CONSIDERATION). So, we have a meeting of the minds, offer, acceptance and consideration, in writing. That is a contract.

Quote:

---

Quoting Here for advice

---

There wasn't a contract with the school it was an agreement. I already consulted a lawyer to ask whether or not this situation constitutes a contract. Situations such as this, in which an agreement is signed, do not constitute a contract in the court of law.

---

Quote:

---

Quoting cbg

---

It's my understanding that at a public university the laws are much more strict than at a private university. Is this not true?

Because a public university uses public funds, they are held to a much stricter accounting than private universities. A public university must dot every i and cross every t. Therefore, if indeed the AD did not follow the absolute proper procedure in determining whether the tests were comparable (although I am not convinced that this is the case), you would have more protections than you have at a private university, where they can do pretty much anything they like as long as they do not violate the law. And one thing I can absolutely promise you - no laws have been violated.

---

I am by no means an expert in law, but pharmacy students are required to take a laws & policies class. While I realize that this class would only scratch the surface of the education lawyers receive in their four years of law school, the class did provide a foundation in understanding law. An practicing lawyer taught this course at our university and he did not go easy on us just because we were pharmacy students. His philosophy was, "The law is the law and pharmacists aren't exempt from the law." His intent was to make sure we had an understanding of the many ways in which the law can be interpreted." While awaiting the final decision from the AD, I consulted my notes from my law and policies class. I made two observations:
1. The ruling the Dean of the School of Pharmacy issued meet the six criteria for a contract.
2. When my professor wrote the retake exam, he did so knowing I wouldn't perform well on this exam. Negligence is, "A failure to use reasonable care that results in harm to another party. Under negligence law, there are two different forms of negligence. In one form, a person does something that a reasonable person would not do. In the other form a person fails to take action that a reasonable person would take to prevent harm. Both forms of negligence can result in a negligence lawsuit filed against the party responsible for the damage."

I looked into suing this professor for a breach of contract. I consulted a lawyer who informed me that this type of contract wouldn't hold up in the court of law. Additionally, the lawyer stated that because it was issued by a school entity, it would be considered an agreement rather than a contract.

On the other hand, I believe professional negligence still applies. Professional negligence is a violation of the law in civil court. This professor wrote a retake exam which included information that we did not cover in the class. When writing this retake exam, the professor knew I wasn't capable of apply this information; we never covered the chapter the information came from.

Quote:

---

Quoting Here for advice

---

I am by no means an expert in law, but pharmacy students are required to take a laws & policies class. While I realize that this class would only scratch the surface of the education lawyers receive in their four years of law school, the class did provide a foundation in understanding law. An practicing lawyer taught this course at our university and he did not go easy on us just because we were pharmacy students. His philosophy was, "The law is the law and pharmacists aren't exempt from the law." His intent was to make sure we had an understanding of the many ways in which the law can be interpreted." While awaiting the final decision from the AD, I consulted my notes from my law and policies class. I made two observations:
1. The ruling the Dean of the School of Pharmacy issued meet the six criteria for a contract.
2. When my professor wrote the retake exam, he did so knowing I wouldn't perform well on this exam. Negligence is, "A failure to use reasonable care that results in harm to another party. Under negligence law, there are two different forms of negligence. In one form, a person does something that a reasonable person would not do. In the other form a person fails to take action that a reasonable person would take to prevent harm. Both forms of negligence can result in a negligence lawsuit filed against the party responsible for the damage."

I looked into suing this professor for a breach of contract. I consulted a lawyer who informed me that this type of contract wouldn't hold up in the court of law. Additionally, the lawyer stated that because it was issued by a school entity, it would be considered an agreement rather than a contract.

On the other hand, I believe professional negligence still applies. Professional negligence is a violation of the law in civil court. This professor wrote a retake exam which included information that we did not cover in the class. When writing this retake exam, the professor knew I wasn't capable of apply this information; we never covered the chapter the information came from.

---

If you truly believe that you have a suit, you're of course welcome to consult with an attorney at your earliest convenience.

But if several very knowledgeable posters all share the same opinion, you must consider why that is so.

Quote:

---

Quoting Disagreeable

---

When you attended school, they said sign these forms. These forms tell you our rules. You agree to follow our rules. Give us X dollars and we will start teaching you(OFFER). You said sounds cool to me. I will sign the admission form and other misc forms to start there(ACCEPTANCE). (MEETING OF MINDS) Here is my tuition money for classes as we agreed to(CONSIDERATION). So, we have a meeting of the minds, offer, acceptance and consideration, in writing. That is a contract.

---

I agree that it does meet the criteria for a contract. However, an education lawyer I previously spoke explained that because the ruling was issued by a school entity, it is considered an agreement not a contract. It has something to do with laws pertaining to the education system.

- - - Updated - - -

Quote:

---

Quoting Dogmatique

---

If you truly believe that you have a suit, you're of course welcome to consult with an attorney at your earliest convenience.

But if several very knowledgeable posters all share the same opinion, you must consider why that is so.

---

Believe me when I say I am considering EVERYTHING everyone says; hence why I continue replying to everyone's comments. I AM LEARNING TONS! My intent is to present all of the information I have collected and all of my arguments. I am looking for multiple points of view.

And the point of view of everyone here, as far as I can tell, is that you are wasting your time.

Yet you still persist.

I think once you consult with the lawyer you will have a better idea of where you stand. That said - lawyers do make their living by charging a fee and you certainly do not want to put out unnecessary $$$$. Get the free consult opinion of a few lawyers.

As mentioned - going to trial can get expensive. The six figure sum is not off the mark + the university will probably have representation for their staff.

Again, I think it's absurd that the professor can make their own test as it creates an unfair situation (bias) for a final test. And testing on subjects, or materials not reviewed or covered is total BS. However, I've seen this kind of stuff occur in medical schools before - private institutions.

Please keep us apprised.

Quote:

---

Quoting BenT

---

I think once you consult with the lawyer you will have a better idea of where you stand. That said - lawyers do make their living by charging a fee and you certainly do not want to put out unnecessary $$$$. Get the free consult opinion of a few lawyers.

---

It would likely be difficult to get a "free consult opinion of a few lawyers" because very few lawyers take this type of case, and the facts presented are not compelling.

Quote:

---

Quoting BenT

---

As mentioned - going to trial can get expensive. The six figure sum is not off the mark + the university will probably have representation for their staff.

---

If the OP is intent on litigating, fees are something to be discussed with the lawyer who agrees to take the case - but it's hard to litigate any case without getting into five figures in costs and fees, even if the case is resolved during the early months of litigation.

Quote:

---

Quoting BenT

---

Again, I think it's absurd that the professor can make their own test as it creates an unfair situation (bias) for a final test.

---

It's the norm for professors to write the tests that they administer to their classes.

Quote:

---

Quoting BenT

---

And testing on subjects, or materials not reviewed or covered is total BS.

---

That would be a possible avenue for recourse, as the class syllabus is a contract enforceable within the institution, but as that approach failed my inference is that this material was (a) described on the syllabus and/or (b) in the assigned reading as described on or consistent with the syllabus.

Quote:

---

Quoting BenT

---

However, I've seen this kind of stuff occur in medical schools before - private institutions.

---

Crazy, wacky stuff, unfair grades, unfair tests and the like occur at all schools, public and private, and at all levels of education.

The Colorado case of Davis v. Regis College, Inc., 830 P. 2d 1098 (1991) reflects the uphill battle this type of claim faces in court (and the distinction between public and private institutions, in that you can't bring a Sec. 1983 case against a private actor.)

Quote:

---

Quoting Here for advice

---

1. The ruling the Dean of the School of Pharmacy issued meet the six criteria for a contract.

---

I do not think the ruling was a contract for many reasons. It does not seem to be an offer. There does not seem to be unqualified acceptance. There does not seem to be consideration. The contract might be in the terms of being a student. The "agreement" mentioned by the attorney. Failure to uphold the school rules might be a breach of that contract.

Quote:

---

2. When my professor wrote the retake exam, he did so knowing I wouldn't perform well on this exam. Negligence is, "A failure to use reasonable care that results in harm to another party. Under negligence law, there are two different forms of negligence. In one form, a person does something that a reasonable person would not do. In the other form a person fails to take action that a reasonable person would take to prevent harm. Both forms of negligence can result in a negligence lawsuit filed against the party responsible for the damage."

---

Negligence is duty, breach, causation and damages. I would avoid trying to claim "professional" negligence because that would require you to prove they fell below the standards of the industry. You have a professor and the dean of the school and the dean of academics who believe there is not a problem. You would need an extremely good expert to overcome their opinion. Some of your damages do not seem to be "caused" by any purported breach of duty. Proximate causation would be strained to say retaking a test leads to chiropractic treatment.

Quote:

---

I looked into suing this professor for a breach of contract. I consulted a lawyer who informed me that this type of contract wouldn't hold up in the court of law. Additionally, the lawyer stated that because it was issued by a school entity, it would be considered an agreement rather than a contract.

---

I do not understand his point.

Quote:

---

On the other hand, I believe professional negligence still applies. Professional negligence is a violation of the law in civil court. This professor wrote a retake exam which included information that we did not cover in the class. When writing this retake exam, the professor knew I wasn't capable of apply this information; we never covered the chapter the information came from.

---

What you believe is irrelevant. What the standards of the industry are. If you seek a breach of contract case the one supplied by Mr. Knowitall is excellent. The key things you would have to prove are:

Quote:

---

Hence, courts in other jurisdictions have occasionally deviated from the noninterference position, but only when the evidence establishes that the academic decision of a private university was arbitrary, capricious, and made in bad faith.

---

The grade was not arbitrary or capricious even though it may have been in bad faith. You have a long row to hoe.

The bottom line is join the long list of students, who, over the years, wanted to sue an instructor because they received a crappy grade.

Quote:

---

Quoting Mr. Knowitall

---

It would likely be difficult to get a "free consult opinion of a few lawyers" because very few lawyers take this type of case, and the facts presented are not compelling.

If the OP is intent on litigating, fees are something to be discussed with the lawyer who agrees to take the case - but it's hard to litigate any case without getting into five figures in costs and fees, even if the case is resolved during the early months of litigation.

It's the norm for professors to write the tests that they administer to their classes.

That would be a possible avenue for recourse, as the class syllabus is a contract enforceable within the institution, but as that approach failed my inference is that this material was (a) described on the syllabus and/or (b) in the assigned reading as described on or consistent with the syllabus.

Crazy, wacky stuff, unfair grades, unfair tests and the like occur at all schools, public and private, and at all levels of education.

The Colorado case of Davis v. Regis College, Inc., 830 P. 2d 1098 (1991) reflects the uphill battle this type of claim faces in court (and the distinction between public and private institutions, in that you can't bring a Sec. 1983 case against a private actor.)

---

I'll add one bit to your comments - aligned / standardized ed. standards. The course professor can write jack assessments and call it whatever they want and make their students jump through all the cruel hoops they desire. I've seen it many a time, and especially in the med. training field. Doesn't make it right and closed institutions can operate like Boy's Club where they jack students. Gender / sexual bias / discrimination abound.

I do think it's a long road for the OP and sometimes best to assess whether to fight, or cut your losses given the protracted and expensive nature of litigation. And perhaps there's a lawyer out there willing to offer a free one-hour consult.

Quote:

---

Quoting Mr. Knowitall

---

The Colorado case of Davis v. Regis College, Inc., 830 P. 2d 1098 (1991) reflects the uphill battle this type of claim faces in court (and the distinction between public and private institutions, in that you can't bring a Sec. 1983 case against a private actor.)

---

Thank you for posting the link to this case - it was an interesting read! I've been looking for cases against private institutions, but haven't been able to locate any.

- - - Updated - - -

Quote:

---

Quoting Mr. Knowitall

---

but as that approach failed my inference is that this material was (a) described on the syllabus and/or (b) in the assigned reading as described on or consistent with the syllabus.

---

The AD was supposed to determine whether I had access to, "appropriate reference materials in order to prepare for the examination". I would like to know what her definition of "appropriate" is. Revisiting the letter she wrote issuing her ruling, I am reminded of just how vague she was in her ruling.

She then states, "Your faculty responded to my requests regarding your access to reference materials with specific identification of the references available to you".

...I would like to know what reference material the professor identified as being available to me. I would agree I had access to reference material; the information was in the course textbook... never mind the fact we didn't cover the chapter he took the material from. I would like to know if the AD compared the reference material I provided her from the chapter we skipped with the question on the exam. Based upon her statement in her ruling, I'm assuming she relied upon the words of the professor who already has a history of being dishonest. I have written documentation of two instances in which he out-and-out lied.

- - - Updated - - -

Quote:

---

Quoting Mr. Knowitall

---

That would be a possible avenue for recourse, as the class syllabus is a contract enforceable within the institution, but as that approach failed my inference is that this material was (a) described on the syllabus and/or (b) in the assigned reading as described on or consistent with the syllabus.

---

I also consult three classmate (all separately) regarding the incomparable section of the retake final exam. None of these classmates were coerced. When consulting each classmate, I wrote down what I remembered from the exam and emailed them a series of survey-like questions. The first classmate, who received a 100% on her final exam, reviewed the material and stated that she would not have been able to complete the questions asked in this particular section of the retake exam. She provided me with a statement which included a list of the concepts tested on the retake that were not covered in the course or on the original final exam. The second and third classmates I consulted provided me with similar statements including a list of concepts I was tested over that we did not cover and that were not asked on the original final exam. The same concepts were listed by all 3 individuals.

Unlike the Davis vs Regis College trial, my school did back me initially by allowing me the opportunity to retake a comparable version of the final exam. If the school didn't believe I deserved this, they could have simply just denied my appeal all together. Students in my program are denied appeals more often than not.

Lastly, even if the information were some somehow vaguely included in the course syllabus, the material on the retake exam wasn't comparable. Does the incomparability not count for anything?

After I received the AD final ruling, I consulted two professors in this department who teach similar undergraduate courses. I knew I couldn't change the decision, but thought it would be interesting to hear what they had to say. The first professor stated that the material on the retake included components that were not asked on the final in May. These components provided an added level of complexity. The second professor didn’t feel she was in a position to determine if the material was comparable but said that questions on the retake final required a lot more calculations than did the material asked on the final in May. She further stated that because time was already an issue on the final in May, the additional calculations on the retake final would definitely take more time to complete.