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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Education Law
Satisfied Customers: 113506
Experience:  Attorney handling education matters.
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My son was expelled from a private college the school

Customer Question

my son was expelled from a private college the school contributed to his expulsion should we get him a lawyer?
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: NY
JA: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?
Customer: outcome is he leaves and his transcript does not say expelled
JA: Anything else you want the lawyer to know before I connect you?
Customer: there a serious faults from the college staff that lead to my sons issues I just want him to be able to transfer clean
Submitted: 1 month ago.
Category: Education Law
Customer: replied 1 month ago.
My son goes to Bard college and is a sophomore is has just been expelled. He went there to play baseball and got injured. The school gave him no help. He developed severe depression and anxiety and reached out again and again for help. Instead of help they made an example of him and have ruined his future.
Expert:  Law Educator, Esq. replied 1 month 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.
Please tell us how the school caused him to be expelled? Did they discriminate against him based only on his age/race/sex/disability/national origin? What did they do?
Customer: replied 1 month ago.
My son was having severe anxiety and depression. He went to dean to seek help. The school was aware of my sons mental issues and did not offer him any help. He then got injured at baseball and they did not offer him the right medical care and his coach told him he had to play hurt. He then got arrested and his coach told the entire team that my son was a criminal he suspended. When I called the coach and said that my son had no charges against him he said he was sorry he made a mistake. That said it was to late he already made son embarrassed and sent him into full depression and he became sucidal. The harassment at the school continued and once again the school did nothing. My son is not at zero fault but the punishment is to severe give. The schools lack of help.
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
I am afraid that the problem here is that if your son asked for assistance, the school needed to provide any assistance they had available, but the school does not have the duty to offer assistance when a student is not asking. However, if your son went in asking for assistance, then your son should have been directed to student health or to the local hospital if he was indeed suicidal.
If the expulsion is too harsh, you need to get your son to file an appeal of the expulsion and ask the dean to reconsider based on the disability he was experiencing. You need to file the appeal through the dean first and the school's appeals process and if they deny you, then your next step is you would be able to file suit in court to overturn the expulsion as too harsh based on the facts and circumstances and seek to get it reduced to a suspension or perhaps work out a deal of reinstatement and removal of expulsion in exchange for a voluntary withdrawal by your son.
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