Can I Get an Injunction to Graduate from School Despite an Academic Probation?
Full Question:
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
