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Question

I am a disabled combat veteran using my Chap 31 to attend Galen Nursing in San Antonio Tx.
I started this 21 mo part time night program over 2 yrs ago. There are 7 quarters. I was told during the 1st quarter finals that I could not finish and should never have been accepted due to a misdeam 10 yrs. ago.It took 6 mo to clear myself thru the state to restart the program. the third quarter I was not one of the chosen to receive the final pharm blueprint via email so I was not able to pass the final. I restarted and repeated the third quarter, I was told by a substitute clinical teacher that the question I asked during a class bitch session was an inappropriate question and she thought she heard me from across the loud room saying the f word to a class mate. I know I have been a victim of discrimination. There are many other things this school is getting away with and I would like to know if I have a chance of getting fair treatment in this matter.

Submitted: 75 days and 23 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: Texas

Already Tried:
This just happened 26 Aug 09 It has been going on for the whole 2 years that I have been enrolled in school

Posted by socrateaser 75 days and 22 hours ago.

Answer

Veteran's discrimination based on handicap/disability is controlled by Title 38 CFR Part 18. Complaints are controlled by 38 CFR sec. 18.542, which reads:

 

"(a) Any person, individually or as a member of a class or on behalf of others, may file a complaint with VA alleging discrimination prohibited by the Act or these regulations based on an action occurring on or after July 1, 1979. A complainant shall file a complaint within 180 days from the date the complainant first had knowledge of the alleged act of discrimination. However, for good cause shown, VA may extend this time limit. Complaints may be submitted to the Director, Office of Equal Opportunity (06B), Department of Veterans Affairs, XXX XXXXXXX XXXXXX, NW., Washington, DC 20420."

 

I can't evaluate your chances of receiving relief, because it is not clear from your facts that the treatment you have received is the result of your disability or veteran's status. The bottom line is that you must be treated no different than other students, and the school must be able to show that it has adjusted its academic requires so as to eliminate direct discrimination, as well as conditions that have the effect of discrimination.

 

You have nothing to lose by filing a complaint, and further mistreatment that may follow would be separately actionable as retaliatory, which frequently is more important than the original rationale for the complaint.

 

Hope this helps.

 

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75 days and 22 hours ago.

Reply

Do you have a list of pro bono local lawyers that deal with veterans?

Accepted Answer

I regret that I am not aware of any special list, however, your complaint to the VA does not require a lawyer -- though a lawyer can certainly speed things up.

 

For a civil rights lawyer in your area, please see: http://www.abanet.org/legalservices/lris/directory/main.cfm?id=TX and www.martindale.com.

 

Hope this helps.

 

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Expert: socrateaser
Pos. Feedback: 98.8 %
Accepts: 
Answered: 9/7/2009

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