Legal Question in Education Law in California

Can a college be held responsible for reprimanding a student in a situation that occurred outside the college District and campus police stated that no crime was committed?

Quick note: Harassment report was filed on student to campus police by a faculty member of the school. No crime was noted and the report sent to student affairs to check for Standards of Conduct violations. None were filed, because none were violated, There's a disciplinary action file on this student for this event and has been reprimanded. The reprimand is minor, but it still tarnishes an otherwise clean academic record without this student committing a crime or violating Standards of Conduct.

Asked on 1/24/11, 1:42 am

1 Answer from Attorneys

Michelle Ball Law Office of Michelle Ball

If this is a public college and this is a false or misleading record, per the Family Education Rights and Privacy Act (FERPA) you have the right to challenge its contents in a hearing. You could locate their policy and challenge it. You may want to involve an attorney so they take you seriously.

You may also be able to simply request it be removed as outside their jurisdiction, but that would have to be reviewed against their policies.

Best of luck,

Michelle Ball

Law Office of Michelle Ball

California Education Attorney advocating for the rights of parents and students since 1995.

Website: http://www.edlaw4students.com

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

PLEASE BE ADVISED THAT THIS DOES NOT CONSTITUTE LEGAL ADVICE NOR FORM AN ATTORNEY CLIENT RELATIONSHIP. NOTHING HEREIN IS CONFIDENTIAL AND IT IS ADVISED THAT ALL LEGAL QUESTIONS BE EVALUATED BY A DIRECT CONSULTATION WITH AN ATTORNEY OUTSIDE OF THIS FORUM.

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Answered on 1/27/11, 2:54 pm


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