Full question:
My wife is a college nursing student. Her current class has 2 parts. One clinical (in the hospital settting) and one in the academic classroom. She currently has 2 academic tests left and an 86% average. She was failed in her clinical side of the course on the last day. She is being denied the ability to complete her final two exams even though she has filed a grade appeal. Its rather obvious that this prevents her from completing the course even if she wins her clinical course grade appeal. Does an injunction have any chance of allowing her to complete her academic course work?
- Category: Schools
- Date:
- State: Illinois
Answer:
In the school setting, it is generally a matter of internal administrative decision-making. While the school may have applicable guidelines to follow in disciplinary matters, it often is a matter of subjective determination. It is more of an administrative than a legal matter. Typically, the courts will review such cases only insofar as ensuring that due process rights were afforded to the student in the disciplinary procedures. This will involve such considerations as whether the student was served with a written notice of charges; she was made aware of grounds which would justify her ability to be barred from exams by way of the student handbook; the hearing tribunal afforded her an opportunity to hear and confront the evidence presented against her and an opportunity to be heard and to offer other evidence if she chose; she was accorded the right to have someone from the college community to assist her in the proceedings; she was informed of the tribunal's finding; she was given access to its decision for her personal review; and, she was advised in writing of the discipline imposed.
Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that
(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.
For further discussion, please see:
http://lawprofessors.typepad.com/highered/2008/04/law-primer-due.html
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
