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Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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Olivia today this same professor gave me and 10 other

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Olivia today this same professor gave me and 10 other students back a paper that we all redid for her because she did not like the way we did it in the first place event though we proved to her that we followed her directions. Regardless I redid and turned it in. She gave them back and I had the same failing grade-- why because I didn't follow her directions of erasing all of the stuff I had right and only turning in the stuff I had wrong. I told her I did not hear her say this and that I would be happy to erase them now and turn another hard copy in- she said no grade stays. Yet she another girl who did not follow directions and erase - she graded. I hope that makes my case stronger. I don't know if I should get a lawyer from this state or from my home state that I know to write the letter? Does it need to be someone that specializes in educational law? I am going to try to resolve with the head of the department on Monday but I know she will say that there is nothing she can do.
Submitted: 1 year ago.
Category: Legal
Expert:  Olivia Kent replied 1 year ago.
First, I would say you should go to the teacher directly. Tell her that she is not applying her rules consistently. Reference the other student by name. Normally, I would say don't be antagonistic, but she appears to be very "in your face" with her selective application of the rules to you.Then, tell the head of the apartment when this lady shoots you down. Tell them you have consulted an attorney. It would be good to actually have an attorney at that point but you probably aren't going to find one by Monday, so you can choose the bluff or wait until you actually have one to say that.If you are going to get an attorney, get one who the practices in the state where your school is. What state are you looking for an attorney in? I may be able suggest one if it's somewhere near me (we can't establish attorney client relationships with people from the website or I would help you myself…). Try to get an attorney that specializes in education law or even employment law, since those guys know a lot about discriminatory tactics and how to address them. A letter from that type of attorney can pack a lot of punch with minimal expense if done right.How much does administration know about this lady? Have they gotten complaints before? Have you said anything to them about her? If they haven't received notice that this is an issue I wouldn't go in with guns blazing on Monday. If they do know, and they are actively choosing to ignore it, you doubling need an attorney.I'm here if you need anything! Please don't hesitate to reach out!
Expert:  Olivia Kent replied 1 year ago.

Zak, also... because you accepted my answer in the other thread before I was able to add the information, I'll add it to this thread. You should know the elements of a defamation claim.

In order to prove defamation, you need to establish (1) a false and defamatory statement, (2) that was published - written or stated, (3) either recklessly or negligently, and (4) there were damages (often financial, but reputational would work as well). Explain to them that her obnoxious "you must have cheated" statement meets that 100%. I'm sure you can find other instances where she has made statements that weren't appropriate. Use them to shore up your argument.

When you get an attorney, you may wish to suggest to him to imply that she is a "loose cannon" - she hasn't been there that long, she doesn't have a track record, and she's wildly inconsistent in her interactions with students. She is, in short, a liability to the school. But that's something the atty should suggest to administration - not you. Please let me know if you have any questions... I'm rooting for you :)

Expert:  Olivia Kent replied 1 year ago.

Hi Zak. I wanted to check in with you to make sure you had all of the information you wanted to obtain when you posted your question. Please let me know if you have any questions or need additional clarification about anything.