Unfair Expulsion from a community college.

Parents Forum
1

<p>Hello, everyone.</p>

<p>I am looking for some advice.</p>

<p>I am helping a student who is extremely bright and of good moral. He is an international student and he has been expelled from a community college on the charges of harassment.I assure you that the expulsion seems very harsh and to an extent unfair. He is even denied the due process he is entitled to . His friends & professors gave written testimonies proving that the so called charges are merely assumptions and the incident the college claims is factious. Moreover, he doesn't even know who has complained. The college did not even give him a chance to defend himself. The real reason it seems like is the complaint he had made against the dean and couple of administrative people.The college is harassing him by not allowing him to contact the college and not even releasing his transcript.</p>

<p>He does not have financial resources to sue the college.</p>

<p>In this scenario, I am seeking advise about what should be his next step.</p>

<p>Any help would be highly appreciated.</p>

<p>Thanks. Let me know if you want more information.</p>

2

<p>Wow ... sounds like there is lots more to the story ... and it sure sounds like someone or many felt threatened. I would start heading up the hierarchy of authority. Maybe the international student stepped over some serious cultural boundaries.</p>

3

<p>Could there be some misunderstandings due to language or cultural barriers?</p>

4

<p>MQD,</p>

<p>I think he is an intellectual soul and he enjoys having good discussion. He was also active politically in the school.</p>

<p>BunsenBurner,</p>

<p>There is a possibility. If feel that the dean of the college felt it was a stain on her position that he had complained. Seven of his friends were suspended from student government and he had said that the dean was inadequate in her position.</p>

5

<p>OOOO ... I would head up the hierarchy. What part of the country is this happening?</p>

6

<p>New York.</p>

<p>He wrote the letter according to college policies to college president but the president replied saying that he was denying him the right to appeal with no further explanation.</p>

<p>So far he has called county executive- who was not much help.
His embassy- which did inquire and requested the school to release his transcript,he found out that the president had lied to the embassy and his parents about the matter.</p>

<p>He has also called the SUNY system- they are not being helpful.</p>

<p>He had requested to college under FERPA to allow him to review his documents.It's been more than 45 days so according to Deparrtment of Education laws the college is violating FERPA. He has already obtain a complain form from the FERPA office.</p>

<p>He is in touch with the immigration department but he has only 2 months.to solve this matter.</p>

<p>He has been accepted at some other schools but the college in not releasing his transcript even after requesting them in writing for many times.</p>

<p>He is also thinking about applying to University of Cambridge in UK but does not know whether to list the college he got expelled in his application or not.</p>

<p>He has very good high school record . 4.3 G.P.A. and he is a mountaineer.I read his recommendation letters. They were remarkable.</p>

<p>Any suggestions? Comment?</p>

7

<p>There is something very wrong in this story.</p>

8

<p>NewHope33,</p>

<p>May I know what exactly you mean? If you can tell me I can inquire about it.</p>

9

<p>When he was notified of the charges did he ask for a hearing?

[quote]
Student Code of Conduct Administration
The Director of Student Development, or designee, shall administer the Student Code of Conduct and questions regarding its interpretation shall be referred to the Director, or designee, for final determinations.</p>

<p>Interim Suspension
The College may suspend a student, pending a hearing if, in the Student Conduct Administrator’s, or designee’s, judgment the student’s presence on campus constitutes a danger to self or others, or the alleged offense is of a heinous nature. Every effort will be made to schedule a hearing within five (5) workdays after the suspension if the student so requests in writing or the Student Conduct Administrator, or designee, deems it appropriate.</p>

<p>Inability of an Accused Student to appear at any Student Conduct Hearing due to long distance travel, incarceration, or other reasons, may not result in an extension of the time period before the hearing. In such cases, an Accused Student may be given the opportunity to participate in a hearing by telephone or by written statement. The appropriateness of such arrangements will be determined by the Student Conduct Administrator.</p>

<p>If the Student Conduct Administrator determines that an accused student poses a significant safety threat to students or college employees, the College may require that the requested hearing take place in an alternative format, i.e. telephone or in writing. Inability of an accused student to participate in a hearing in person or by telephone or in writing may not prevent the College from holding a hearing without the participation of the Accused Student.</p>

<p>If an interim suspension occurs during College calendar breaks, the College may schedule the hearing within five (5) workdays after the resumption of classes.</p>

<p>If the accused student and the Student Conduct Administrator do not request a hearing, the interim suspension remains in effect.</p>

<p>During an interim suspension, students shall be denied access to the campus (including classes), and shall be denied access to electronic services of the College, such as Telecourses, Internet or other Distance Learning activities, e-mail, and/or all other College activities or privileges for which the student might otherwise be eligible. Continued use of such services without the express permission of the Director of Student Development, or designee, shall be considered a further and additional violation of the Code of Conduct

[/quote]
</p>

10

<p>emeraldkity4,</p>

<p>Thanks for the information. </p>

<p>Yes, he did ask for a hearing in writing but it was denied by the college president.College president wrote him that he was denying him the right to appeal.The college president has not replied after him sending a letter to explain him why he was denying him the right to appeal or to have a hearing.</p>

11

<p>Is there a way for him to get a free lawyer? a legal aid group in the area?</p>

12

<p>May be a local law school has some sort of a legal aid group? They often do.</p>

13

<p>Maybe the local news media? But if he chooses that option he must be sure he is completely innocent or he will be exposed for all the public to see.</p>

14

<p>Lux - What I mean is that the reluctance of SUNY officials to respond to inquiries is very, very unusual due to FOI laws. The only reason I can conceive why a high public official would duck such a benign inquiry is a court order. By all means ask a local legal aid group to inquire. You could also try an FOI request, but the standard response time (here) is 30 days from the FOI request, and many times it takes more than 60 days to get a response (here).</p>

15

<p>MidwestMom2kids & BunsenBurner,</p>

<p>That a great suggestion.Infact, I have been trying to get ACLU,Foundation for Individual Rights in Higher Education and pro bono lawyer in this matter.So far I have made my priliminary search and I'll be writing them letters this weekend.</p>

<p>YoungHoss,</p>

<p>He has contacted a local newspaper but he is some what reluctunt going with media since no matter what it may invade his personal life.Which is something very precious to give away.</p>

<p>NewHope33,</p>

<p>Thanks for clarification. What you are saying may be true! Are there any cons of FOI? I checked FBI's website and got the form.</p>

<p>Thanks very much this is giving me some hope and courage. Please keep in touch.</p>

16

<p>I would consider contacting the Office of Civil Rights in the US Department of Education. </p>

<p>Office</a> for Civil Rights</p>

<p>There is a toll free number your friend could call to discuss his situation.</p>

<p>Contact</a> OCR</p>

<p>1-800-421-3481</p>

<p>Your friend might have a complaint on the basis of national origin.</p>

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<p>Thanks Westcoastmon.</p>

18

<p>This may seem like a stupid question, but does he owe any money to the community college -- have unpaid fees or what not?</p>

<p>Most colleges will not send a copy of a transcript to a student if the student is in arrears on fees/tuition or other costs. </p>

<p>It could very well be that there are two separate issues here: the transcript issues, and the other ball of wax.</p>

<p>That said, were any LEGAL charges filed against this student for harrassment? That will influence his ability to maintain his student visa.</p>

<p>The student needs to consult with an immigration attorney, and should ask his embassy for a referral. If no legal charges have been filed, and he does not enroll in another school, he will not be able to maintain his student visa.</p>

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<p>You could also look into getting a lawyer on contingency, planning to file an anti discrimination civil suit with punitive damages. Litigation is a scary path, but if he's in the right it couldn't hurt.</p>

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<p>Carolyn,</p>

<p>I confirmed it that he has not dues with the college. Further more he has a written confirmation from the bursar's office. There were not legal charges filled against him.</p>

<p>He has got into a school. However the problem is the college is not sending them his transcript. He has sent them an unofficial transcript which they accepted. Immigration officer has also talked with the other college where he has applied. </p>

<p>arbiter213 ,</p>

<p>Can you please guide me through the preliminary process that you are suggesting.</p>