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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118127
Experience:  Attorney experienced in commercial litigation.
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I 't feel like two of my teachers were fair to me. One

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I don't feel like two of my teachers were fair to me. One of them never gave me the opportunity to make up work despite promising and implying to me all throughout that she would. The other teacher would not give me and me specifically extra credit that she promised the whole class if they met the requirements. I met the requirements and she didn't give me the extra credit she promised me but she gave it to others. Both of these happened just under a year ago and they are the only grades less than an A that I have gotten in four semesters. These two grades are the exclusive grades that cost me my scholarship and are the only grades keeping me from getting a scholarship. And now I get to the root of my question. Is there any legal precedence that could be applied to these cases? Also I was diagnosed with ADHD and anxiety. I now have reasonable accommodations because of ADA. Could that be enough to force them to change or give me the opportunity to change the grade legally? What should I do here? What could I do here? Both of these situations with the classes are a bit more complicated than described, so please ask me any relevant questions.
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I'll call you if you could help me more in that way. Thank you so much for being here!
Expert:  Law Educator, Esq. replied 1 year 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 afraid that if you did not apply for and have reasonable accommodation at the time the grades were given to you the court does not have legal jurisdiction to intervene to make any teacher change a grade. Your only recourse for changing of grades is asking the dean to allow it. If the dean will not allow the change or allow you to do extra work to change the grade, I am sorry to say the dean's decision is the end of the matter.
If you had a reasonable accommodation in place prior to the class AND the teacher did not provide you the reasonable accommodations that is the only reason you could have for legal action for them not honoring the reasonable accommodations.
Customer: replied 1 year ago.
Ok thank you. I appreciate you! May I call you in about 40 mins with a few follow up questions?
Customer: replied 1 year ago.
Hey, are you there?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. I am sorry, we are not online 24/7, as you can see I get on quite early in the AM and am online most of the day. I will send you a telephone offer as required by the site and if you accept it fine, if not you can reply here and I will still reply to you in this forum.
Customer: replied 1 year ago.
Hey sorry, just wanted to make sure you saw it. "The equal protection clause says that a person acting for the state cannot deny anyone “the equal protection of the laws” (U.S. Constitution, Amendment XIV). Equal protection cases are all different, but they share the common theme that decision makers cannot treat differently people who are alike in all ways relevant to the decision being made. In the case of grading, that means all students to whom a grading policy applies should be treated in the same way according to that policy." If I have proof that the teacher did not give me extra credit that she offered everyone then would this apply? And don't I have the right to a due process with this? Could you help me find some statutes and laws on this? I attend school in Rexburg Idaho.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The equal protection clause does not apply in the classroom regarding grading by teachers I am afraid. However, just because the equal protection clause does not apply does not mean you could not have a complaint with the dean. If the instructor gives all of the class extra credit assignments except for one student, then this actually could be considered discriminatory if it was done to exclude the one student based only on the age/race/sex/disability/national origin of the student.
You do not have due process or equal protection rights here unless you can prove this was done based only on your age/race/sex/known disability/national origin.
By the way the courts say that they will "not stand in the shoes of the educational facility when it comes to grades" so you cannot just sue because you were graded unfairly. You have to prove you were discriminated against based on age/race/sex/disability/national origin in grading to have a case to take to court.
You need to start in any case by going to the dean of the school and filing a grievance, because you have to go through your administrative recourse first.
Customer: replied 1 year ago.
Ok thanks. That would be hard to prove. But what I can prove through her emails is that it was exclusively me. I definitely will go to the dean after negotiating with her. How can I find the laws on this in the place where I live?
Customer: replied 1 year ago.
thanks for your reply!
Customer: replied 1 year ago.
What if I could prove the grade was mostly given arbitrarily?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Teachers are accused of grading arbitrarily or subjectively all the time, but the courts refuse to get involved in any grade dispute unless you can prove the only reason was discrimination based on age/race/sex/disability/national origin
Customer: replied 1 year ago.
Ok, I don't think I could prove that except the part where she discriminated against me. I will bring that up with the appropriate people and get back to you. If she is unwilling to say why she discriminated against me, then is there a case for the above reasons age/race/sex/disability/national origin? I don't actually want to sue the teacher, but I want to make the possibility of suing sound intimidating if I had to do that.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am sorry to say that other than age/race/sex/disability/national origin you would have no case and you could not prove your case without a witness. These cases are tough, but could you imagine how crowded the courts would be if students could run to court every time they believed they got an unfair grade?
Customer: replied 1 year ago.
It is all in email as far as the discrimination. But why is off the record. I will ask her through email why she knowingly discriminated against me in this case.Could her email response potentially be the needed evidence? Again, not looking to actually sue but to threaten a valid lawsuit if necessary because as I said this grade cost me my scholarship.
Customer: replied 1 year ago.
Thanks for getting to the core of the issue!
Customer: replied 1 year ago.
I guess what I'm asking here is :What type of response would be necessary for me to be able to threaten a valid lawsuit?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Her email could be evidence if she admits to discrimination based on one of the reasons mentioned above. She has to admit something about it being done for one of those above reasons in order for you to have a case or you have to show that she gave every single other student but you the extra credit, which would be circumstantial evidence of discrimination.
Please do not forget to leave positive feedback, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 1 year ago.
Thank you. I will do that!! I will show you her replies too. I am almost positive that I am the only one she denied the extra credit. All I do know for sure there is that she gave this extra credit to 14 others in the class and denied mine for no apparent or transparent reason despite the fact that I met and exceeded the criteria. My belief is that she did that because she hates guys because of a plethora of past divorces she had. But that is hard to prove. But I am going to go ahead with asking her why she did this and I don't think she will be able to come up with a good reason for it.
Expert:  Law Educator, Esq. replied 1 year ago.
thank you for your reply.
If you can show that only the females in the class got extra credit, that would be the circumstantial evidence you need to prove the discrimination.
Customer: replied 1 year ago.
Thank you for your help. After emailing the teacher I was able to get her to concede that she lied to me in order to deny me the extra credit. At our school we have an honor code and the first thing on the on code is "Be Honest." So now I have something to bring to the dean about how she discriminated against me. Is being able to show that she gave extra credit to others but lied to me to deny me the extra credit sufficient evidence to pursue legal action if necessary?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Now you have something to bring to the dean, that is correct. This is still not discrimination unless you have proof it was done to you ONLY because of your age/race/sex/disability/national origin. It can be deemed a violation of the school honor code.
Again, unless you have proof not only that she lied, but she lied only based on your age/race/sex/disability/national origin it is not grounds for legal action, just a complaint through the school's administrative process.
Please do not forget to leave positive feedback, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 1 year ago.
I will, thanks. What about proof that she was incompetent and that she projected that incompetence in her grading?
Customer: replied 1 year ago.
I don't know how I could get her to admit why she lied to me. I caught her in her lie because I have the evidence there to prove she was lying. What about if the grade isn't permanent until the end of the year, but I have disability accommodations now(not during the semester I took the class)? Is unwillingness to work with me with knowledge of those circumstances discrimination at this point?
Customer: replied 1 year ago.
What ways can I get her to admit why she lied to me to deny me the extra credit I earned?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Unfortunately, if you did not have disability accommodations when you took the class, you cannot use that argument. You would have to find out who she gave extra credit to in order to show the pattern that she discriminated against you and treated you differently than the others. That is all I can tell you.
Customer: replied 1 year ago.
Thank you. I appreciate that. I will get back to you on that.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you. Again, please do not forget to leave positive feedback, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 1 year ago.
We had a phone conference and she agreed to change my grade after meeting with her and now she's trying to go back on it. Is that legal of her to do when she committed?
Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry, but I cannot continue with you, as I have been patient and this has gone on for over 10 days and as I am not a site employee nor your attorney, I get nothing for this time spent with you and we are going onto more new issues with your same case. I wish you the best. maybe another expert will volunteer their time to step in.