My college says if I miss class to testify at my assault trial, they’ll drop me from my classes : legaladvice

Authored by reddit.com and submitted by TimeForFrance

My college says if I miss class to testify at my assault trial, they’ll drop me from my classes

(IA) I was sexually assaulted (while home over a break, not by another university student) and the trial of my attacker starts in two weeks.

I am a university student about five hours driving distance from my home town where the assault occurred, and I’ll need to travel there to testify at the trial.

I’d spoken to my advisor and all my professors notifying them of the days I’d be out, and everyone was understanding, giving me take home versions of any tests or work I’d be missing.

Unfortunately, one of the days I’ll likely need to be out coincides with midterms, so my professor was required to get approval from the academic dean and dean of the college to issue a take home midterm.

His request for the take home midterm was denied, and when it came to the attention of these deans, they contacted all my professors and informed me if I missed that many classes (it would be approximately two of each class, maybe three depending on some court scheduling, and four of another class but it meets every day of the week.)

My professors were comfortable marking these as “reported absences” which basically means there was a justification like a doctor’s note or other official documentation.

I showed the deans that I was in fact being called to testify by the defense so it wasn’t even really like I had a choice. I figured that would be enough documentation.

The dean said that “personal non-medical conflicts” could not be counted as reported absences and would be treated as unreported absences, (so, treated as the same thing as if I’d just slept through class). They suggested I apply for a leave of absence for the semester because otherwise I’d be dropped from my classes at the third absence and be on probation if dropped from two or more classes (school policy).

This attack took enough from me already, I went to great lengths to be sure I didn’t miss a day of school while recovering, I do not want this man to derail my life further by pushing back my graduation date.

I spoke to the title IX Office who’d promised me they could help, but it turns out their idea of helping was helping me plan my leave of absence.

I do not want to take a leave of absence. All my professors were ready and willing to work with me and I was/am entirely capable of keeping up with the work.

Do I have any legal recourse here against the school?

ProvocativeSkeleton on September 17th, 2018 at 03:12 UTC »

My school tried pulling crap like this. I got cancer and had to have a surgery last November. Told my professors I’d only be out for two weeks (not even during midterms) and they were very supportive and said it would be okay. Disability resource center tried dropping me from my classes and telling me I’d have to finish “another term”, which wasn’t possible because the class I took is only available every few years,

My Mom handled this one though 😬

michapman2 on September 17th, 2018 at 03:01 UTC »

I can't imagine what could be going through the head of the person who made the decision to turn down this request. I know (from reading this sub and from life in general) that there are no depths to which certain people won't sink, but dang. This is like RoboCop-type reasoning, valuing process over outcome to a degree that frankly borders on sociopathic.

OriZulo on September 17th, 2018 at 03:00 UTC »

The dean said that “personal non-medical conflicts” could not be counted as reported absences and would be treated as unreported absences

That is beyond fucking stupid and I hope it bites the college in the fucking ass.