Legal Question in Discrimination Law in Pennsylvania

Grade Dispute with unfair college professor

My college algebra teacher informed me how many points I need over the phone from her office at the college to my residence (long distance) on 11/10/97. The teacher is now saying I need more points to pass with a C therefore she gave me a D. She is also claiming the call never took place and she never said that. She has also shorted me on points, and has not given me points on quizes I took but can not produce, as well as taken more points off of my tests, than other younger students (I am 29 yrs old) which I have copies of. I have filed a grade appeal with the Dean, but it looks like it is coming down to my word against hers and hers being more believable. I have taken out loans, spent a lot of money and sacrificed a lot to attend college at my age. What other options do I have? She lied, cheated me of points and was aggrogant to me, will not even discuss the situation with me (hung up on me twice). I was treated unfairly, discriminated against and it looks like she is going to get away with it.


Asked on 12/23/97, 10:52 pm

1 Answer from Attorneys

Jonathan Schiff Self employed

academic discrimination

As I practice in Ohio, I don't know if there are any state statutes that may deal with this.

I will start off by saying that there is some missing information I would need before I could attempt to determine the merits of a case like yours which I will get to in a moment.

As a first principle, courts dislike interferring with academic decisions by teachers or professors. Courts don't like to interfer with decisions made by "experts" and also have maintained a traditional arms length approach to the educational process.

You are probably correct when you say, it is a matter of her word against your word and she is the one likely to be believed. Without more she would most likely prevail in any forum.

Which doesn't go to say that you can never establish she has acted improperly. It might be helpful to know why (if you do know) this teacher has a particular animosity toward you. Is it something you said or did? Personality problem, etc.? Do you have a disability that has somehow intruded itself into the classroom? If you had requested accomodations to help you function, this could explain a great deal and give you a cause of action. Proving its effect on your grade might be a problem. But it would be a start.

Your may have some other non-legal options such as attempting to discuss the situation with her (that's always risky, but if it works, it could REALLY work). You could try to get transferred to another class, or even drop and wait for a better instructor, etc. I'm not saying these are great alternatives, but I don't see a legal claim with the information I have. And even if you did, you still have to prove it. By the way, you might want to have witnesses with you from now on when you talk to her. And maybe have someone listen on any phone calls if you think she is going to deny having talked to you. If you do have further info, though, let me know.

Just one more thing. Try to cut the power struggle you are engaged in with her. One to one it's her game board and you are not in a good position since she gets to make the rules.

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Answered on 12/25/97, 1:59 pm


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