I took a course as a graduate student in which the professor did not grade any of my work and assigned failing grades for everything instead. The final grade for the course has yet to be assigned. I have taken this up higher up in the university and they won't respond. It seems like a clear cut case. Every single communication and event is documented in writing. This is important for me more than just the price of the course, because my GPA, future employment and student financial aid depend on this. I have searched for lawyers to take my case, but I'm not sure what kind of lawyer I am supposed to be looking for. I've been told I need a contract lawyer, but most contract lawyers deal with businesses and real estate. Thank you for you time.
My view is that you need to consult with an attorney who practices administrative law. Very likely you have rights to a formal administrative hearing and determination about the school matter you have described and, in most instances, you are legally required to exhaust those rights before you have any rights to initiate any legal action. You can check your school web-site or student handbook for further info about your administrative appeal rights.
An administrative appeal is an expedited and informal fact-finding process. Often the school can be persuaded during that process to resolve the matter differently than it had intended. That is an important objective because, under the law, courts will almost never invade the school's discretionary determinations as to the quality or sufficiency of student work, or student entitlement to a degree or course credit. The extent to which courts keep "hands off" in these matters is quite astounding. So, an administrative law practitioner who can bring to bear significant diplomatic and negotiating skills is very likely your best option here.
L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
I do think you should consult with a lawyer who handles litigation. Every lawyer takes a course in contracts in law school. A lawyer who handles litigation is perfectly well equipped to sit down with you and get the whole story. The lawyer will want to review a copy of the tuition contract you signed and the university's student handbook setting forth the school policies and procedures respecting coursework, grading, and how disputes of this nature are handled within the university. After a thorough consultation which will involve asking you a great many questions and getting a very detailed account of what happened, the lawyer will be able to advise you on whether you have an actionable claim with any prospect of success. Be prepared to pay the lawyer a fee for the time spent in this consultation.
It is clear to me that a great deal more information than you have provided above is necessary to ascertain whether or not you have an actionable claim arising out of this. Professors do not typically arbitrarily refuse to grade a student's assignments and assign a grade. There exist valid and invalid reasons for refusal to grade work and to assign a final grade, and your account gives no hint of why the professor has done what you describe.
Not legal advice, just general information. I don't practice law in Virginia or hold Virginia licensure. If you need legal advice, please consult a lawyer who holds Virginia licensure. That's not me.
The first thing you must do is to request (insist) that you receive a copy of the student's rights and procedures (they may have a different name) and the university's policy and procedures manual relative to grades, grade appeals, due process rights. You may be surprised how often grade disputes arise (maybe you would not be surprised given your experience) in universities. They will certainly have very clear procedures that MUST be followed and very definite timelines that MUST be respected. Remember they will use any excuse to reject your appeal.
Once you know your rights and the procedures you must follow, you may need the services of an attorney knowledgeable in higher education law. I do not work in higher education law, so I am not sure how to go about seeking such an attorney. I do know, however, that the law school (Stetson) down the street from me has a special clinic on Higher Education Law, so these lawyers do exist. your best bet may be to find an attorney, who served as counsel for a college or university. They will know the ins and outs. If all else fails, find an attorney who does administrative law. While they may not have experience with universities, they will know how to deal with your procedural due process rights.
