Overturning a suspension

J

John Roger

New Member
Jurisdiction
California
My question involves education law in the State of: California

Hello Guys,



I was recently wrongfully suspended for a false complaint by another student. I actually suffer from PTSD from the other student harassing me. I had an appeal hearing and the other student wanted to come. I requested to participate via a video conference in avoidance of seeing the other student. The other student during the appeal purposely sat in front of the video camera, stared at me and left in a way that it prompted the appeal hearing officer to say something. I then of course got intimated by the other student and it interfered my ability to appeal. I asked if I could email my responses, statements and questions. The appeal hearing officer denied this. I never ever had a chance to speak or actually appeal. The appeal hearing officer was extremely impartial ( in his defense, I am a guy appealing against a girl...the girl is very manipulative, narcissistic and plays a victim...she once had one of my old friends invite me to a house on her behalf to show that she was sleeping with him..... )



I have a couple of concerns:

During the appeal, the appeal hearing office noted that I was appealing the sanctions and not the violations. Which is incorrect I was appealing both



The appeal hearing officer also relied on policies for the violations that were changed after the incident has occurred. I was also originally sanctioned with policies that weren't released nor effective at the time. I dont find this fair and would like to be sanctioned with the policies that were effective at that time.



The appeal hearing officer denied me sending emails for any questions, responses..etc I never actually had a real chance to speak.


The appeal hearing officer stated in a summary that the complainant asked for no visual which is incorrect. They never asked the appeal hearing officer. I also asked for a recording and they have modified the recording. I however emailed school officials from the start, sent messages to friends stating what the other student did and the timestamps corresponding to the messages. Since the officials did not deny that she interfered it should be in my favor.

The logic is in my favor, If I have a chance to explain that is. I contacted an education attorney about this and he said I could file a writ of administrative mandamus. He of coursed offered to do it for me but I could not afford his fee. If I have an actual chance to write and present my argument to a judge I can.



Is my best option filing a writ of administrative mandamus in my situation? If so, how will I go about this?



I found this: https://www.smclawlibrary.org/needhelp/WritAdministrativeMandate.pdf



I don't believe step 1 applies here, since its an university and not a court.



Also if anyone can tell me in general how to apply and where to apply and any inside scoop about a writ of administrative mandamus, I would really appreciate it.



I know this might sound bad but I feel really strongly about this and really want to do this.
 
John Roger said:
I actually suffer from PTSD from the other student harassing me.
Click to expand...

:rolleyes: That's California alright.

Honestly, you are wasting your time. This is something to be addressed administratively within the school. The path you are headed down is not going to persuade anyone to do anything to help you. They will circle the wagons and treat you like the enemy. The way you have presented this information it seems you are likely overreacting.

You did not give any information to assess whether your suspension seems justified, but even that is an administrative issue for the school, not a legal issue.
 
mightymoose said:
:rolleyes: That's California alright.

Honestly, you are wasting your time. This is something to be addressed administratively within the school. The path you are headed down is not going to persuade anyone to do anything to help you. They will circle the wagons and treat you like the enemy. The way you have presented this information it seems you are likely overreacting.

You did not give any information to assess whether your suspension seems justified, but even that is an administrative issue for the school, not a legal issue.
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I been actually going to a therapist. I don't think I am over overreacting. My grades went from an average 3.4 gpa in an engineering major with admission to graduate school to academic disqualification from all this. My admission to graduate school got revoked from my grades. I think it's just the way I presented the information. I will try to reevaluate and present it better but the suspension is definitely not justified.
 
They suspended me for two years for saying messages and I repeat just messages that they were life threatening and caused substantial amount of stress. When this has been an on going thing with the other student. The other student could have blocked me but they refused to block me, the other student kept doing stuff (ie sleeping with my friends) then I was sent messages in response. They then translated they messages to life threatening..... Never in the messages did I threaten or even say explicit sexual implications. They were honestly either random or asking why she is causing me issues.

They actually changed the policy from one year to two years after this but they used the new policy at the time of the suspension. Before it was released.

Again maybe it is the way I am presenting the information.
 
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So, WERE you sending the messages? Never mind if they were or were not threatening or not for the moment, never mind if they could have blocked you or not, just a simple yes or no question. Were you, or were you not, sending messages to the other student?
 
cbg said:
So, WERE you sending the messages? Never mind if they were or were not threatening or not for the moment, never mind if they could have blocked you or not, just a simple yes or no question. Were you, or were you not, sending messages to the other student?
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Yes I was
 
Then I think you're going to have a very hard time making the case that your suspension was wrongful.
 
John Roger said:
They suspended me for two years for saying messages and I repeat just messages that they were life threatening and caused substantial amount of stress.
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What you describe is quite possibly a criminal offense. You may be lucky if this was handled only at the school level.

It doesn't matter so much whether you think your message was threatening, but how the message was received.

Would a reasonable person view the same message and be concerned? Here is a test... What would your grandmother say if you said the same to her?

Regardless of whether it was criminal, it sounds like you gave them good reason to take action against you.

There is no law to invoke, that I am aware of, to force them to change their decision.
 
John Roger said:
They suspended me for two years for saying messages and I repeat just messages that they were life threatening and caused substantial amount of stress. When this has been an on going thing with the other student. The other student could have blocked me but they refused to block me, the other student kept doing stuff (ie sleeping with my friends) then I was sent messages in response. They then translated they messages to life threatening..... Never in the messages did I threaten or even say explicit sexual implications. They were honestly either random or asking why she is causing me issues.

They actually changed the policy from one year to two years after this but they used the new policy at the time of the suspension. Before it was released.

Again maybe it is the way I am presenting the information.
Click to expand...

What did you say to the other student, that they say is life threatening? Why do you care if this woman sleeps with your friends?
 
John Roger said:
Yes I was
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Emails, text messages, etc... should be avoided unless you know the person well.

If you must correspond electronically, be brief, professional, and don't discuss personal matters.

If the other party asks you to STOP corresponding with them, immediately STOP.

Don't even respond to say you will STOP, simply STOP.

In fact, think at least 24 hours before you send the first message, then wait another 24 hours, and then don't send the message.

This is the age of "ME TOO", dude, and males can't be cautious and careful enough because some males have abused some females.

Bottom line, I was taught by my father never to ride on an elevator with a female that isn't my spouse, my daughter, my sister, my mother, my aunt, or my first cousin.

I was taught never to be in a room alone with a female, unless they meet one fo the exceptions noted above.

I treat females as I do males, which the army taught me to see female or male as just a soldier.

As far as dating, I never played around in the company inkwell.

You'd NOT be where you are today, had you simply exercised CAUTION and RESTRAINT.

I regret you are being treated so harshly, but as grandfather Curty used to say, "Experience is a great teacher, but a very harsh master!"


On September 30, 1859, Abraham Lincoln recounted a story:

It is said an Eastern monarch once charged his wise men to invent him a sentence, to be ever in view, and which should be true and appropriate in all times and situations.

They wise men gave him the following words:

"And this, too, shall pass away."

How much it expresses!

How chastening in the hour of pride!

How consoling in the depths of any affliction!
 

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