DU Lawyers and legal minds, can this young DUer be helped?

[GreenPartyVoter]

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=105&topic_id=1418239&mesg_id=1418297

[Divernan]

1. She needs a Wisconsin lawyer and that lawyer will need

a lot more of the facts and story than have been provided so far. Schools have clear rules on how many classes one can "cut" and what will happen if that number is exceeded. Schools also have appeals processes for extraordinary circumstances.

Invariably, people giving their side of a disagreement give a version biased in their favor, and/or they do not know of some legally relevant facts. A good lawyer always insists on seeing all the documentation in a case like this: the student's transcripts; the schools rules and regulations; all records of school actions taken in this particular matter; records of how the school has handled similar matters for other students in the past. The lawyer should not be overly aggressive or obnoxious, but should verify that what the student wants is to get her degree. Then the lawyer approaches the administration & the professor to negotiate achieving that goal - with an initial proposal most favorable to the student - such as arranging for her to take the final exam and/or write an extra credit type of paper for the class in question. The attorney should be prepared with at least one back up alternative, such as having her retake the course either at the same school or transferring credit from another (approved) school currently most conveniently availalbe to the student. The bottom line is that the school has the power in this situation and a civil trial could take 5 or 6 years to be resolved, during which time the student is without her degree.
Negotiation and compromise are the only road to take in this matter - do not kid yourself that it's about "JUSTICE!" In our clogged legal system and with the greedy attitude of most of my fellow attorneys, filing suit is the last thing this DUer should do.
A tactful and skilled negotiator could get this matter cleared up in a matter of months.

[GreenPartyVoter]

3. Thanks!

[Gothmog]

2. ADA may be a possbile source of help

This is NOT my area of expertise. However, MS and illness may be grounds for some sort of accomodation under the Americans with Disabilities Act. MS is the type of medical condition that should be protected under the ADA and the school needed to make a reasonable accomodation for the poster.

The poster needs to find an attorney in the jurisdiction in question and ask about whether the ADA may apply to the poster's situation. If the ADA does apply, then the waiver may be void on the grounds that one can not waive compliance with the act. Surely the ACLU or a legal aid society should be able to take this case.

[GreenPartyVoter]

4. Thanks!

[GingerSnaps]

5. If anyone needs full details please PM me

I have done things wrong by adding and dropping classes and the ratio but I had to drop two classes due to scheduling conflict with physcaly therapy and they knew this.

There are two sides to every story and I do not lie.

They do not want someone with physical imparements to represent their dear Ivy League College.

They just received some new types of student loans along with some astringent requirements to fullfill them.

All I wanted to do was get my degree at the end of october and it seems like that will be impossible.

I don't have anyone on my side when I go back to talk to the Dean on Monday and I don't want to go alone.