Can I file a lawsuit against school for violation of right to due process?

Asked over 1 year ago - Sterling, VA

I am 1 class away from graduation when a student reported me to the school that I had harrassed him. When they investigated me, the dean of the school threatened me that if i do not agree with the allegations then they will tell the studen to involve police. and that its added stress to me when i should be focusing on my studies. They also printed out a convicted sex offender page showed it to me and told me that that was going to be me. The notetaker also jumped in and said "I really blieved this happened the way it was described." I followed the grievance procedure of the school to present my case but only got a 4 minute phone call from the "grievance chairperson" and then they dileberated.

Additional information

I got expelled. In the original dismissal letter, it said I had no right to any other proceedings. And denied me of the appeal process when I asked the dean. I read the student handbook and contacted the school ombudsman on what the next process is and said I had to follow the grievance procedure.

Attorney answers (3)

  1. Rixon Charles Rafter III

    Contributor Level 20

    2

    Lawyers agree

    Answered . I am attaching a link from a question answered yesterday by a California attorney Christine McCall. Her answer was in response to a student accused of plagiarism--but I believe the bulk of her answer applies to your situation as well in particular because you believe your due process rights have been violated. http://www.avvo.com/legal-answers/advice-needed...
    If after reading Attorney McCall's excellent discussion of the issues facing students accused of violating school policies, you still feel like you have a due process claim, contact an education attorney in our area and have a discussion about your suit, and your possible need for a criminal defense attorney as well.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and... more
  2. Christine C McCall

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . So, they deliberated.

    And with what result? Are you expelled? Suspended? Credits and tuition forfeited?

    You can't leave the important part of the facts out if you want useful advice.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  3. Gray Richard Proctor

    Pro

    Contributor Level 13

    Answered . It makes a difference whether the school is public or private. Private schools aren't covered by the due process clause, but public schools are.

    Answers are for informational purposes, not legal advice for your specific situation. www.appealsandhabeas.com

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