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  1. #1
    Join Date
    Sep 2011
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    20

    Default Violation of Disciplinary Procedures

    My question involves business law in the state of: KY

    A private universitty violated their own handbook in several instances during a formal disciplinary procedure.

    A student was summarily dismissed from campus on the word of one student, with NO evidence provided of the guilt.

    The student kicked off campus requested several times the evidence. The handbook clearly states any student involved in a formal disciplinary action has the right to request evidence, and to make no statements regariding the issue.

    Also, the handbook says the student is to be afforded "interaction with the institution" during formal discipline, but the student was summarily dismissed from campus and received a letter that basically said, "youre gone", my decision is final.

    The student was never allowed the promised "interaction" to come in and speak for themselves before the letter of dismissal was sent, and even after that had to go to extraordinary lengths just to get a hearing.

    The hearing lasted 3 hours during which time the student was accused of various crimes, cited chapter and verse and how much time he would spend in jail by a representative of the school. The student committed no such crimes.

    The student was given a disciplinary action to fulfill in order to be "POSSIBLY CONSIDERED" for entry back onto campus, but if in that time anyone said anything negative to the Dean about the student, they would not be allowed back on campus. Of course, the student declined citing there may be some that wish me off campus and would say anything to do that.

    This is just the tip of the iceberg.

    I'm a professional auditor by trade, authoring policy and procedure manuals, and investigating violations of the same. I know policy and procedure violations when I see them

    This student had 3 years on campus with a clean record as well.

    What do you think?
    RoyallyMad1

  2. #2
    Join Date
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    Default Re: Violation of Disciplinary Procedures

    If the student believes that the school violate his rights, and he has exhausted his administrative remedies, he may hire a lawyer and attempt to sue the school for appropriate relief - that would often involve attempting clearing a disciplinary record, possibly seeking a tuition refund if the student was unable to complete a semester's studies, and possibly seeking the right to re-enroll.

  3. #3
    Join Date
    Apr 2009
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    Default Re: Violation of Disciplinary Procedures

    OP has posted several threads on the same topic.

  4. #4
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    Default Re: Violation of Disciplinary Procedures

    But this one has not yet degenerated into a public meltdown, so let's hope it does not.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Violation of Disciplinary Procedures

    Again...

    Eye witness testimony IS evidence.

    If your adult son believes that his rights have been violated, the way to remedy that situation is to hire an attorney and sue the university.

    A course of action that has been suggested at least twice in every single thread on this topic.

    Adding another thread will not change those answers.

  6. #6
    Join Date
    Apr 2009
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    Default Re: Violation of Disciplinary Procedures

    Quote Quoting Mr. Knowitall
    View Post
    But this one has not yet degenerated into a pubic meltdown, so let's hope it does not.
    ...um..are you sure that's what you meant to say?!

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,129

    Default Re: Violation of Disciplinary Procedures

    I think the same thing I thought in the other threads.

    Private institutions are not legally obligated to follow their own policies and procedures. Public institutions are. Private institutions are not.

    The OP is once again invited to post a link to a law that says I'm wrong. Something he has not yet done.

    He may be able to identify policy violations when he sees them, but he is evidently unable to provide a law that makes such a violation illegal.

  8. #8
    Join Date
    Mar 2007
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    9,096

    Default Re: Violation of Disciplinary Procedures

    I will also say that the other threads wouldn't have been so energetic if they had started with the minimum information given here. Instead, they were dental visits.

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