Legal Question in Civil Rights Law in California

My daughter is now on medical leave from college due to mental illness. Otherwise she was in a good standing academically and has one more year to finish. College requires however a proof that she is ready to be back to school but it seems that the requirement is more than a letter from her psychiatrist attesting her readiness and overall too stringent and financially burdensome. My question is that this type of dispute with college will be heard in a court of law, such as Federal district court for possible civil right violation?


Asked on 7/19/12, 8:57 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Sure. Anybody can sue anybody for anything. However, winning is a different question. You, the plaintiff, have to establish and prove your case through credible admissible evidence and overcome all their legal defenses.

If the school is following their stated policies and procedures in this case, you would have to prove that the policies themselves are legally discriminatory as applied. If the school is NOT following their stated policies and procedures in this case, you would have to prove that their failure to do so and their conduct itself is based upon discrimination. That is a higher standard of proof than just 'unfair'. You should start with the working assumption that their policies and procedures have been excruciatingly reviewed by lawyers of all kinds, including government regulators, have been previously tested in court, and are difficult to challenge as 'discriminatory'. I would look more closely to see if they are failing to follow them in this case.

If serious about getting counsel to help in this, and if this is in SoCal courts, feel free to contact me. I've been doing these cases for many years.

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Answered on 7/19/12, 2:40 pm


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