I was suspended from a university and consequently subjected to an extremely one-sided disciplinary process. Below are key points relevant to my claim:
- The school did not follow its own procedures (as published in the student handbook) in adjudicating the case
- I was found guilty of something different than what I was initially suspended for
- The investigative process was unfair and biased. Evidence was withheld and key witnesses were not interviewed
I have since been reinstated, and no criminal charges have been filed. I am wondering whether a lawyer would be willing to talk about the details of my case and possibly work on a contingency basis. I appreciate your taking the time to read this.
I do not know the particular facts of your case or why the university initially believed that you should have been disciplined and then to be reinstated. It would be wise for you to speak to a couple of attorneys about your case. Make sure that the initial meetings are free. They should be able to give you a good idea regarding the damages that you can recover and whether it would be worth pursuing a claim and/or paying an attorney a contingency fee.
You may find that a flat fee or hourly rate, or no action at all may be a better way to go.
The content of this answer should not be relied upon or used as a subsitute for consultation with professional advisors and it should be clearly understood that no attorney-client privilege has been created. A more complete answer and/or more accurate answer can only be provided in a more thorough examination of the facts in a consultation with my firm.
I suppose another valid question is what is your objective? If you have been reinstated, are you simply trying to expunge the record? Reverse the finding? Is this something that will appear in a transcript that will follow you post-graduation? I know employers ask for transcripts all the time, but are university disciplinary records so routinely asked for? I guess I am asking is there a long term consequence to all this. You are going to find that most attorneys will not take this on a contingency basis, because the desired end result begs the question of what is the contigency upon which payment will be made? Are you seeking/expecting money damages from the university?
I f you have been reinstated, what are your damages? They sound like they are minimal which means that it is unlikely that anylawyer would receive a meaningful fee even if s/he won your case.
Evaluating any legal question requires a detailed knowledge of the specific facts involved. Since a short question will rarely contain all the relevant facts, the answer here should be considered a general comment for your consideration and not legal advice.
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