What Possible Recourse?? Expelled for prank calls....

Parent Cafe
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<p>I posted this already in another forum by mistake. Someone responded and suggested I post it here. The details are long but what I am really asking is if anyone else has had success with a lawsuit of this nature OR has experience with someone being expelled and what happened to their academic pursuits if they could not pay the debt to the school. I have four of my own offspring who went to college and only my ADHD son presented problems at college but his penalty was not as severe. Now 35 and a Navy veteran, he was suspended 3 days before his first semester ended for smoking pot in his dorm room - actually the only "evidence" besides an aroma was a pipe with residue. (He "discovered" pot at college and absolutely loved its effect after so many years on amphetamine drugs for ADHD). While he wasn't allowed to take final exams, lost his credits and had a 0 GPA, he did not owe any money to the college because he had completed enough of the semester that his financial aid was not yanked (this was in 1994). I think it is weird that at the time, Univ of MD only issued a warning for such an offense while my son's college had a much harsher policy (which they later changed it back). As part of the University of Maryland "system" of colleges, I expected that all MD colleges would follow similar campus policies, however this was not so. Comparing my son's actions back then to the actions I describe below, I find it strange that the young woman I am talking about could be so severely punished for an activity that seems less serious than drug use (not as illegal). I viewed my son's penalty as a $3,500 fine (full tuition with room and board back then) while hers is effectively a $10,000 fine - full tuition with room (no board). Quite a steep price tag for offenses that I do not believe would warrant such stiff penalties in a court of law. Below is the situation: </p>

<p>The college my daughter's female friend ("Sue") attends is very small. There is only one residence hall building on campus, it is a 2-yr school, does not offer a meal plan. The "Dean" (not official title) serves as the Office of Student Affairs, the legal rep, the President - everything and so makes all decisions. On the expulsion notice, she (the "Dean") has written that she will not accept any phone calls from parents, attorneys, or friends regarding this matter. Basically, she is not planning to defend her decision.</p>

<p>Sue has been expelled mid-semester (now) for activities that the Dean has decided constitutes "bullying." This means that she will need to pay at least $10,000 in tuition, fees & residence costs since her financial aid will not pay for the unfinished semester. She will be unable to pay these costs and cannot attend another college as long as her debt to this college remains unpaid. Her family qualifies for the Earned Income Credit and has a disabled son. I have helped them (done the work) with citizenship, taxes, FAFSA etc., so this is why I know about their circumstances. The friend has written a letter so I could act on her behalf at the college since her parents do not articulate English well. The friend is one of a few Latinos who attend this college but the only one who lives on campus. Most of the staff at the college are white. Most of the resident students are African-American however there are also a few white students. Sue was placed with African-American roommates and she is very happy with her suite mates. During the previous semester, there was an incident with a white student when Sue and her suite mate visited a friend who was also white. The white student refused them access to the dorm suite and tried to close the door in their faces since the student they went to visit was in the shower at the time. Sue's suite mate blocked the door from closing completely with her foot to ask why the white student would not allow them access to wait inside for their showering friend, but ultimately had to withdraw her foot. Rather than leaving, Sue and her suite mate remained and knocked on the door again. This time another white suite mate opened the door and invited them in stating that they should ignore the suite mate that first answered the door since she was always in a bad mood. Sue confronted the bad mood student (who was standing there) and complained about her attitude and accused her of being racist. The bad mood student slammed her fists down on the counter several times and Sue told her she better watch her temper or it could cause her problems. (This was considered a "threat"). The bad mood student called the RA and a complaint was filed. Sue was "convicted" by the "Dean" of unauthorized entry to the dorm room and threatening another resident. Sue's suite mate was convicted of unauthorized entry. The Dean's rationale was that if Sue and her suite mate had left when the 1st resident denied access, the altercation between Sue and the white student would not have occurred. This incident was called a "sanction" but nobody knows what that means. I assume it translates into probation.</p>

<p>This semester, Sue and her roommate have been expelled due to alleged prank cell phone calls made to another Latino student (Katy) whom Sue had befriended. Sue was the only person among the group accused of this offense who had Katy's phone number in her cell phone contact list. However, the white friend who was in the shower from the previous incident (Lucy) had begun to "live" in Sue's suite. Lucy cooked, showered, and hung out there everyday and night. Lucy is a troubled young woman and I had cautioned Sue to avoid Lucy based on what I had been told about Lucy by Sue. According to Sue, in order to get rid of Lucy and have her go to the common area of the suite and leave Sue and her suite mate alone in their private rooms to study, they would allow her use of their cell phones. Lucy claimed that her cell phone battery was dead or the phone was left behind in her own dorm room. Someone called Katy numerous times claiming to be a man who was interested in her romantically. The cell phone number from both cells phones was not blocked and is on caller-ID. Also, a letter was composed that is sexual in nature describing this imaginary man's appetite for Katy. The letter was handed to Katy in the library by Lucy. Katy filed a complaint and it was discovered that the cell phone numbers belonged to Sue and her suite mate. When interviewed, (she was the first to be questioned) Lucy claimed that she was not involved except as a puppet and she admitted that she had been the supposed male voice during the calls. Lucy claimed that Sue and her suite mate had devised a plan to harass Katy. When interviewed, Sue and her suite mate denied involvement, however, they were not believed. Sue's defense was that she was savvy enough to have blocked her number if she was going to be making a prank call. The narrative of the letter, while crass, was not Sue's work since English is a 2nd language for her (and her suite mate) and I have helped Sue in high school with research papers. The language of the letter was too well constructed and must have been the work of someone where English is their 1st language. Also, it makes no sense that Sue would torment a fellow Latino student particularly since there are so few on campus. Given that I know Sue would block her number (I know this because she used to call her ex-boyfriend and say nothing when he answered but would block her number when calling), and the structure of the language in the letter, it is my belief that Lucy spent her time in the common area using the cell phones of her "friends" to prank Katy and composed the letter and gave it to Katy. Lucy is troubled, so she may have thought it was fun and harmless. Yet the Dean decided to given Lucy probation while expelling Sue and her suite mate. This is twice that the white Dean decided in favor of the white students while penalizing the students of color. (I am white). Sue and her suite mate appealed the decision and are awaiting the result.</p>

<p>My question is has anyone heard of a student being expelled for prank calls or inappropriate letter content? Is this bullying? What recourse does Sue have legally? The college does not have student advocates and I am wondering if I should consult an attorney about rights on campus. After all, don't we have the Sixth Amendment right to face our accusers, even if it is on campus? Don't colleges need to adhere to federal and state law? What if they overstep their authority, with whom does one file a complaint? While I think that Sue was a victim, I also realize that nice people can do not nice things and I cannot take a stand that Sue is completely innocent (even though she adamantly swears she is) because I was not there.</p>

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<p>I could understand some sort of sanction for being part (however innocent) of the harassment of another student, but being expelled seems to be an overreaction (assuming the story you told is correct). Presumably the administrator was looking at the first offense and decided that the second offense constituted a pattern of behavior that was unacceptable. </p>

<p>First of all, I would work really hard to make sure that the version of the story you wrote here is in fact the truth. Kids don’t always relate such incidents as they really happened. If you can confirm that the first incident was not really a forced entry and the second incident was not any call or letter placed by Sue, then I would get her parents to write (or get someone to help them write) the college’s President (or Chief Academic Officer) and complain that their daughter was denied due process before precipitous action was taken against her. I think that the alleged racial insensitivity aspect of the case would need to be handled very carefully, and I would avoid making such a direct charge in the first letter. I would however, send subtle signals about the daughter being the first member of her immigrant family to attend college (an assumption on my part), and concerns that she was not as well-equipped to defend herself against the charges made.</p>

<p>If that letter gets nowhere, I think that it would then be worth it to engage an attorney to write a second letter on behalf of the parents, citing the lack of due process and the fact that the administration has been unwilling to listen to the daughter or her parents regarding the true facts of the case. The lawyer could then decide how much s/he want to make of the alleged racial insensitivity aspect of the case.</p>

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<p>Well, to start with, I think Sue’s story sounds a little thin. And she was right to be sanctioned for going into that student’s room after being refused entry, and right to be sanctioned for what sounds like was actually a threat. If a suitemate tells you not to enter a room because the person you want to see is in the shower or not there, you should leave and come back. Not enter and get into her face. </p>

<p>Also, you state that neither Sue nor her suitemate could have been involved in writing the letter because they are not native English speakers, but then earlier you say that Sue’s suitemate was African-American. Why would an African-American not be a native English speaker? Also, why could Lucy have not written the letter with the full cooperation and knowledge of Sue and her suitemate? </p>

<p>Just because Sue is Latina and the girl that was harassed is Latina, does not mean that Sue could not have been involved. Teenagers choose to bully other teenagers for all kinds of reasons, and because they belong to the same ethnic background as a victim does not automatically absolve anyone of being a bully. Finally, even if Lucy made the calls, Sue is responsible for who she allows to use her cell phone and at most schools students are responsible for the things that happen in their dorm rooms/suites, even if they are not the ones that do them. If underage kids drink in the dorm room of someone who is 21 or older, it’s the person who is 21 that gets punished usually for allowing the kids to drink in their room. </p>

<p>I can see why a student with a disciplinary record of threatening/harassing other students might be expelled after becoming involved in another case of harrassment. This may even have been a condition of her probation. Typically if you’re already on disciplinary probation, if you commit a second infraction you can be expelled if those are the school’s rules. </p>

<p>You may be able to write a letter or Sue may be able present an appeal, but if I were an appeals tribunal hearing this case, I would not be sympathetic. If the best defense she can come up with is that she would have been smart enough not to get caught if involved, that’s a long stretch from any kind of defense that proves her innocence. I think the school acted properly considering the pattern of behavior.</p>

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<p>I agree with the above post. When I read this passage from the original post

I thought Sue was out of line. It looks like she has a huge chip on her shoulder regarding race. </p>

<p>Sue needs to do some serious thinking and growing up before she considers going back to college again. What’s she doing in the meantime?</p>

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<p>I also don’t get the OP’s use of quotes. </p>

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<p>That’s not “evidence” that’s evidence. A pipe, with residue, and a room that reeks of marijuana is evidence. And is it normal to put someone with ADHD on amphetamines? Doesn’t that have the exact opposite affect?</p>

<p>And again what is with the quotes around “Dean”, but stating that it’s not an official title. A dean is anyone the college says is a dean. There’s no way to officially become a dean. It’s a title conferred by a school, not by an academic body. This person is the Dean.</p>

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<p>I agree that there are probably two (or more) sides to this story. I can not rely on the OP’s version. That said, it does sound like a harsh consequence based on the scenario as reported. However, we don’t know what agreement the students entered into re: attendance/residence at the school. Sounds like a school that doesn’t want to deal with “problems”. An attorney could be consulted, I suppose.</p>

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<p>*And is it normal to put someone with ADHD on amphetamines? Doesn’t that have the exact opposite affect?
*</p>

<p>Adderall is a common med for ADHD. It is a stimulant but the right dose can help a great deal.</p>

<p>*The Dean’s rationale was that if Sue and her suite mate had left when the 1st resident denied access, the altercation between Sue and the white student would not have occurred. *</p>

<p>I agree. Rights of people actually living there take precedence over visitors. Why be so rude as to force the issue?</p>

<p>I couldn’t follow all the stuff about phone calls- but I see no indication that discipline was related to race- although cultural insensitivity by all involved may be contributing to some of the conflicts.</p>

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<p>Here’s my reprinted post from the other forum in which you posted:</p>

<p>Based on what you’ve said, Sue has made some bad decisions. When you knock on someone’s door, and the person is unavailable, you leave. You don’t argue with others who may be there. Sue had no right to expect to be allowed indoors, regardless of the race of anybody in the situation.</p>

<p>Sue is responsible for what happens on Sue’s cellphone. Except for emergencies, she should not have allowed her phone to be used as a public phone.</p>

<p>Perhaps Sue’s parents did not teach her some basic facts of life, but unfortunately, if Sue is 18, she has to realize that she is responsible for her own actions.</p>

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<p>*Sue confronted the bad mood student (who was standing there) and complained about her attitude and accused her of being racist. * While this may be taken as usual kid-stuff, many schools today have “zero tolerance” policies. What she said was aggressive and offensive. So that’s her first problem.</p>

<p>she used to call her ex-boyfriend and say nothing when he answered but would block her number when calling No, maybe this is her first problem- she has been known to prank before. Even if the school doesn’t know this.</p>

<p>This is twice that the white Dean decided in favor of the white students Old, old laws- you do it on my property and you’re the one who has some explaining to do. Race may be irrelevant. The bad mood kid didn’t get reprimanded because she was in her space and had denied entrance to Sue. If bad-mood had been Latina and Sue were white, Sue could still be accused of verbal aggression. </p>

<p>Now, with the pranking: the school has a record of Sue’s prior offense. They can’t ignore it because she’s Latina, not a perfect English speaker, etc. If Lucy is truly responsible- but had no prior offenses, I suspect she got exactly what Sue got for her first offense: sanction.</p>

<p>don’t we have the Sixth Amendment right to face our accusers, even if it is on campus? NO. Colleges are different. </p>

<p>So, what can you do? Try to present the case in the best manner possible, without resorting to Latin-white issues. Sue should offer to get anger management or some sort of counseling- I’m not accusing her, just suggesting what many adults are offered.</p>

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<p>The OP’s mention of UMD is what confuses me about this post…
First, at UMD if you’re caught doing drugs on campus the punishment is loss of housing, you cannot be expelled. You can be suspended for a year for a second offense. </p>

<p>Second, Maryland’s colleges are not a single system. College Park (the school known as UMD) is completely separate from every other school besides UMD-Shady Grove. UMUC has some connection due to shared campus space. But that is it. What happens at one school (especially twenty years ago) cannot set a precident for a different school.</p>

<p>Also her son’s story was shaky to being with. If you were caught 3 days before the end of the semester there is no way to decide your punishment in that span of time, and the school would never deny you the chance to take your finals even if it ultimately decided to not grant you credit.</p>

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<p>I also think the story is questionable as written. Colleges have to protect the rights of of dorm residents over visitors. It is a big question of safety and liability. As for the phone situation, I also had trouble following it, but I rarely see a girl leave her phone anywhere. It is usually glued to them.</p>

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<p>No one has mentioned the school’s code of conduct and its written procedures for enforcement. It’s very hard to assess the appropriateness of the punishment or the adequacy of the process without knowing what standards the students are held to and what steps the school commits to take in the case of violations. If the school is following its own rules, there is probably little than can be done here other than a humble plea for a return of some part of the tuition. (For what its worth, Sue’s story sounds like a bunch of baloney to me, too.)</p>

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<p>The young lady needs to see an attorney. Though the dean of the college may not be accepting phone calls from lawyers, parents, students, etc about the matter, s/he will have to respond if a law suit is entered, if there is indeed grounds for it.</p>

<p>I have known a number of situations where private schools with their own set of rules had to be cracked open to the real world of court orders when their rules did not match up with what th law allows. I 'm not going to even try to decide what an attorney will say about all of this. The trick will be to find the right lawyer to handle this case.</p>

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<p>Oh, the African-American suite mate is from Sierra Leone. Sue appealed (to one man who is called the Committee Chair of Student Conduct) but it was denied. She has to vacate by March 4th. I think she cannot attend any other colleges in the U.S. because of the $10,000 debt she must pay the school.</p>

<p>I put the word, evidence, in quotes because it was not a trial in a court of law.</p>

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<p>My son’s residence hall room was searched and the pipe was found in the belongings of his roommate. This occurred about two weeks before he was suspended. His suspension became official (the committee of peers decided to suspend him) 3 days before the semester ended and final exams began.</p>

<p>I called UMD back then to ask what the penalty would be if a pot pipe was found in a dorm room with residue in it and the RA said he smelled pot (back then you could smoke in the dorm rooms). The answer was that the student would be given a warning only - no loss of housing or other penalties. </p>

<p>I don’t know the code of student conduct because I just drove her up there on the 1st day, helped her go through the process of signing in and getting her things up to the dorm room. I didn’t read the handbook, but I believe the school had an all day orientation that covered the handbook contents.</p>

<p>The story is all I know since Sue and her suite mates are the only ones to tell me anything. There is a release letter in the financial aid office but not elsewhere so staff cannot discuss details with me unless it is via a conference call. Yes, it is possible she is not telling the truth about the prank calling however, I’ve known Sue since she was in the fifth grade and she calls me her 2nd mother and refers to herself as my 4th daughter. She trusts me enough to have shared some grim details about her life in the past, so I don’t know why she would lie to me about this. I agree that the phones being loaned out don’t sound right but Sue has borrowed my daughter’s phone before (before she had her own cell phone) so if my daughter was willing to loan hers out to her friend, I think that Sue would also loan out her phone. </p>

<p>Sue wrote a beautiful letter about the friendship she and my daughter shared through the years for English class in high school and it reflects absolutely fresh and pure feeling. She was grateful that my daughter befriended her and helped her through the years. With the mean-spirited and backstabbing nature of so many young girls, it was utterly refreshing to find such devotion and generosity in Sue.</p>

<p>Thanks, cptofthehouse, I was wondering if an attorney would be of use.</p>

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<p>What we all have to realize, is that schools all across the country, including colleges, have been notified that they HAVE to act when harassment/bullying is believed to have occurred. Zero tolerance. College students as well as younger students have killed themselves in the wake of being bullied, and I believe the dean of Sue’s school is acting to protect the harassed student. Whether it was actual harassment isn’t even the question - the fact that the student felt victimized is enough. Lots of kids of all ages say “oh, we were just being funny”, or “we didn’t mean it”, but the fact is they should have thought before acting. It is the perception of the victim that is more important and has to be acted upon. If they feel no one helps when victimized, they will learn it does no good to report because no one will help, and that is when trouble begins. Sue may or may not have been involved – it’s her word against the other girl, but the school has to protect the other students and the school itself from even more law suits, complaints, student withdrawals or even deaths if they don’t act.</p>

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<p>I think all schools have codes of conduct but most kids don’t realize how easy it can be to get in trouble with it. </p>

<p>My husband is the epitome of the nice guy but decades ago he got disciplined at his college for harassment. As he tells it, he and his friend John were out and met a girl that John wanted to date. They followed her to the laundry room of her dorm and John evidently “hit” on her while my husband stood around obliviously waiting for him. Subsequently, the girl complained that they had harrassed her. Although my husband hadn’t even spoken to her, his mere presence was enough for him to be in as much trouble as John. Afterwards, my husband knew that he had one strike against him and that he had to avoid anything that might remotely get him in any trouble. He basically put his head down and plowed through his classes and was fine. However, his friend John was not so lucky. While on probation for the harrassment, he got one poor grade and was “gone”… We don’t know if he was suspended or expelled but he was able to attend another local university and today he is very successful. </p>

<p>Sue may learn a hard lesson from all of this but hopefully she will find a way to move past it.</p>

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<p>^I agree. To the OP - No one is questioning whether or not she could have lent her cell phone to a friend (at least I’m not),but the point I and others have made is that when Sue lends someone her phone, that doesn’t absolve her of responsibility for what the phone was used for. Especially if that phone was used in her own dorm room, where she is responsible for the behavior of her guest, even if that guest is another student. </p>

<p>Sue may be a very nice girl. But even nice girls make bad choices. They lie about them, even to their parents or stand-in parents, for the same reason anyone lies: they fear getting caught, and the consequences that follow. They don’t want people to think badly of them, and they don’t want to deal with the fall out. Maybe Sue is innocent here, but her story does not really add up as you told it. And if that’s the story as she told it as well, then that means this is the version most favorable to her. If this is the most favorable story she could give, and it still isn’t very credible, it does not look good. </p>

<p>Go ahead and drop your money on a lawyer if you want, I just hope that Sue can come up with a better story for the lawyer than the one she told you.</p>

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<p>I think the combination of zero tolerance with limited communication with parents is making this difficult. Instead of residence directors being able to call parents and say listen we think your kid has a problem with whatever, the situation can quickly escalate. I also agree that as parents we dont always get the full story.</p>

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<p>Flightlessbird, I have to be honest - I have a hard time following the story because there are so many extraneous details. Your son’s experience at U Maryland umpteen years ago for a pot issue doesn’t relate to the situation at hand, at all. The fact that Sue’s college has only one dorm, it’s a 2 year school, and has no meal plan – again, completely extraneous facts.</p>