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!

