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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Education Law
Satisfied Customers: 111468
Experience:  Attorney handling education matters.
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I'm a graduate student from city university of new York(city

Customer Question

I'm a graduate student from city university of new York(city college ) . I have been studying for 13 yrs. Never graduate. Last GPA is 2.975 . Without no support from professors until I got a bad instructor giving a bad grade and causing me dismissed from university. Do I have a chance to sue for graduation? I got into a tough time, a lot of stress in trying to graduate, spending time and money for this.
Submitted: 10 months ago.
Category: Education Law
Expert:  Sam replied 10 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I am unclear. You want to sue who for what? What kind of support from professors are you referring to?

Customer: replied 10 months ago.
Thank you for your response. May I call you for clear detail tomorrow? I am just home. My phone(###) ###-#### *****( Kraiwoot )
Expert:  Sam replied 10 months ago.

Hi Michael

I do not participate in phone calls. But we can continue here when you're ready and I will respond when I am back online.

Customer: replied 10 months ago.
Sue a bad instructor for the last class that failed by giving me C grade. This had caused me being dismissed from the program. Also, the dean had not supported me to find the way to graduate, never listen to the problem I have. The Dean just kept me signing the contract for punishment if I can not pass 3: 00 grade.
Expert:  Sam replied 10 months ago.

I see.

I am sorry but it does not appear to me you have a basis for any lawsuit. But I will OPT OUT and perhaps another attorney on this site may see something I don't. Do not respond here at this time. Your deposit will remain on account and another attorney will pick this up if they feel they can provide you correct information to help you.

Good luck

Customer: replied 10 months ago.
The last class (tough by that adjunct professor) had no midterm and final exam, no score showing to student after midterm in order to continue or drop the class. There was only 5 minutes presentation at the last day of the class. During the class, I was being ignored (I also believe that because of my age 56 yrs old and my national of origin (Thailand)).
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous one had to leave.
The US courts will not hear suits involving grades or bad instructors unless you have actual evidence that this was done to you by the instructor solely based upon your age as you say (or race/sex/disability/national origin). You would bear the burden of proving that it was your age and no other reason that you did not receive an appropriate grade, which you can imagine is going to be very difficult. The courts hold that they "will not stand in the shoes of an educator when it comes to determining grades or sufficiency of instruction," so they will dismiss any suit unless you have witnesses and evidence that the poor grade was only based on age/race/sex/disability/national origin. If you have that actual evidence, then you could consider pursuing this matter in court, but again absent actual evidence beyond just your statement or belief, you could not sustain an action in court.

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