Education Question: Can I sue my college for negligence?

Katherine Heffe

New Member
Jurisdiction
Delaware
Hello,

This is probably a very silly question, but I wanted to know.

I am a summer graduate taking my last elective- a class outside of my college or major, but stated it was geared specifically towards non-majors.

In the beginning of Spring semester 2017, I had a family emergency and domestic violence incident documented with my school, along with an official note from my dr about exploring a c-ptsd diagnosis for me, which asked for the school to provide support in conjunction with medical treatment. I tried many times to get set up with in-school counseling, but the school either didn't respond or gave me references for outside places, despite me begging that I needed help in school now and did not have the resources to utilize any outside institutions (no money, no insurance). I documented my condition with the school and received disability-support accommodations for test-taking.

This summer I am in a class that has online proctoring from an outside company. It has been a nightmare, I've had a really awful experience with the service (they took control of my mouse and keyboard to navigate to the exam, and my browser froze and they refused to let me take my exam on another browser or computer, as an example). I emailed the professor seven times for help before he responded, which was after the exam for which I was seeking help. I reached out repeatedly to the online courses department and asked if I could utilize another service and for tips, help, my concerns, etc.. No one helped me or addressed my concerns. I told both the professor and online services that I was a student who received accommodations for a disability, but I still didn't get help. I've emailed both multiple times.

Despite my diagnosis, during my past two semesters (my senior year!) I've only earned one grade that wasn't an A (and it was a B+), but I am failing this course due to the anxiety from the proctoring site and the lack of help from the professor and school.

Not only that, but the course is beyond the abilities of a non-major. I now work in the field and have asked licensed co-workers for help and they've stated that this was material covered in their higher-level courses. (This is a 100-level introductory non-major course)

My question is: can I sue my school or bring a case to them for negligence? I feel I've reached out multiple times, documented and reported my conditions and pleas (yes, eventually pleas to the professor) and I haven't received any help. If I fail this course, I can't graduate. I've already started a full-time job before my graduation because this wasn't even in the realm of my concerns considering my usual performance.

Is there anything I can do in this instance?
 
can I sue my school or bring a case to them for negligence?


Yes, prepare to spend thousands of dollars (all paid upfront in cash) to hire lawyer and spend years to receive a verdict for the college, or simply to see your case dismissed.
 
I'm not clear what you are seeking. The school does not have to provide you with medical care, including counseling free of charge. There may be no cost or low cost assistance available through your school's counseling or health center, which would be available to all students.

You can not require the school use a different proctoring service as an accommodation. You might qualify for another accommodation related to testing, but it is not clear what your medical limitations are in that regard. You would need to go through disability support services for students. I'm not sure what technical difficulties you encountered with the test, but that would not be related to your disability.

Are you seeking to withdraw from a course for medical reasons? Check with your school for the procedures and policy to do this.
 
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