How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Education Law
Satisfied Customers: 41221
Experience:  Experienced Education Law Attorney
18572087
Type Your Education Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

How to appeal the denial of re admission due to major

Customer Question

how to appeal the denial of re admission due to major depression after recovery
Submitted: 1 year ago.
Category: Education Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your post. Please permit me to assist you if I can.

If I may ask, re-admission to what exactly? Could you kindly give me a bit more of the back-story here--what happened?

Customer: replied 1 year ago.
Thank you
Had been on final year of rotation on 6 year doctor of pharmacy school. In the middle of 4th, had made a poor judgement of smoking- someone reported as drug, and immediately suspended. Did all the requirements asked, appealed and re admitted. In the middle of presentation,
his psychiatrist had put him on new med and showed adverse reaction- ended up hospital and discharged next day after evaluation that he did not belong to psychiatric hospital. Continued with dr's care and able to go back to finish where left off. Appeal was denied.
Customer: replied 1 year ago.
had been on and off suffered depression for long time not able to continue school with many interruption taking a long time to finish but finally had right medication which are working and function
Customer: replied 1 year ago.
Was advised to appeal to higher up in charge of student affair with chronological episode of sickness and dr's note of history. Need your help write how to write appeal letter efficiently.
Customer: replied 1 year ago.
Higher up is provost.
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your patience.

Did the school ever promise, in writing, that the student would be re-admitted upon compliance with the terms that you set out?

Customer: replied 1 year ago.
not in writing, but had plan for 2014 to resume rotation schedule to finish up the program. however, was not able to do and
and appeal to readmit early 2015 to resume in March, but denied in May with no clear reasons.
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

That is really key. A school has no inherent obligation to re-admit once a student has been discharged for whatever reason unless and only unless there is something in writing that expressly grants the student such a right. For that I suggest you first review your school's rules and handbook if any as far as the process for re-admittance, and if such a process even exists.

Then, when you draft the letter, point to this oral assurance (which I must again state is generally unenforceable as there is no evidence that you were actually promised a right to re-apply, or if that right was given, under what terms), and argue that they are bound because of 'detrimental reliance' on their words and your good faith attempts to comply with the conditions as described to you pertaining to re-admittance. That is key, and that would create your basis for application.

Then, list and point out all of the conditions that you met as far as re-application and then ask the provost for help as to what you may have missed in how you can best reapply. This letter cannot come off as accusatory or that they are obligated to help. Then they will fight you. Instead you need to rationally point out what you accomplished and then ask them for the next step. Makes it far harder for them to then blatantly deny.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
here is the email by mentor: appeal letter should be directed to Provost who reports to the president and detail the chronology of absence or interim period when not in class- running medical history that corresponds with time in order to make a case for reconsideration of denied re-admission. asking see if you could help writing that letter
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

I am sorry but I cannot draft this letter for you. You are asking me to go beyond general assistance and into representation, and that would violate my state bar and site rules. I can help edit and amend your draft as an additional service, but I cannot write this for you.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
i understand and not asking to write on behalf, as you read that mentor's suggestion above, what is your thought on that?
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

It is very similar to what I stated to you, that you need to explain what steps you took to comply and why you were unable to finish before, and that you are now able to complete the process. I still suggest stating that you are following the steps laid out to you and that you are otherwise in a position of detrimental reliance if denied again without basis.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
also i forgot to mention that denial letter- stated that should only be overridden in "extraordinary circumstance" which his medical condition suffering from mental illness.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

You can ask the provost to research or help explain why this was a denial under extraordinary circumstances, or ask if this was an error, but do so indirectly so as to not cast blame. Ask the provost to define how your situation applies or not, and what further information they are seeking.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
if you review appeal letter, how does it work in terms of payment?
Expert:  Dimitry K., Esq. replied 1 year ago.

For that I can send an additional service request. If you accept then once finished drafting it, you can email it to me directly for review and I can then give you my thoughts and notes. It is an additional payment that is above this conversation that we are engaged in at this time.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
please tell me what range of additional $ to review see if i can afford?
Expert:  Dimitry K., Esq. replied 1 year ago.

I am basing my estimate on a two page letter. I have sent you an additional service for that amount.

Related Education Law Questions