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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35309
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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Ok my situation is a little strange but I would like to know

Customer Question

Ok my situation is a little strange but I would like to know if I have grounds to seek legal action against WVU. I was pregnant during my student teaching/portfolio class to finish up my Master's of Elementary Education. I had contracted a lethal virus in that time and missed some days and asked for an extension which was granted. I completed the student teaching and submitted my portfolio as instructed 3 years ago. I gave premature birth to my daughter 3 days after my submission which the virus had caused severe brain damage and she was given a very poor prognosis. The last 3 years it has been my sole responsibility to keep her well. The dean of my college denied my grade modification based on the 3 year interim that my instructor did not review the portfolio and is suggesting I take the course over and resubmit my portfolio. As a single parent I do not have the means or the time to fulfill his suggestion. I think it is unnecessary and slightly unfair to make me go through a class I have already paid for and completed the requirements. It seems neglectful on the instructor's part for not checking the web server she asked me to submit the assignment on.
Submitted: 9 months ago.
Category: Legal
Expert:  LawTalk replied 9 months ago.

Good afternoon Georgiana,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Unfortunately, the law does not control the actions of a university as regards ***** ***** for graduation, not when and under what conditions accommodations must be made to students with medical emergencies or ill family members.

Any lawsuit you file against WVU would almost certainly fail, and you would spend a lot more pursuing a remedy in court then you would by paying to repeat the course or to take the time necessary to re-submit your portfolio. Unfortunately, there is no shortcut to the suggestions of the Dean which would result in you being awarded your Masters. I am very sorry.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug