Five Reasons That College Students Should Have an Education Attorney on Retainer

Going to college is an exciting time in a young person's life. It's a time of growth, learning, and independence. However, it's also a time when students may encounter legal issues they never anticipated. That's why having an education lawyer on retainer during college can be a wise decision. In this article, we'll explore the top five reasons why college students should consider having a lawyer readily available.

1. Legal Protection for Common Student Issues: College life can bring about various legal challenges, such as housing disputes, cheating allegations, code of conduct hearings, or even minor criminal matters. Having an education lawyer on retainer ensures you have expert advice when these issues arise. An education attorney can help you navigate the complexities of university policies and hearings, landlord-tenant and rommmate disputes, and even represent you in court if necessary.

2. Academic and Disciplinary Matters: College students can sometimes find themselves in situations where they face academic misconduct allegations or disciplinary (or "code of conduct" actions). College is much different than high school and the sanctions for misconduct can be severe. An education lawyer can assist you in understanding your rights, preparing your defense, and ensuring that the university follows its own procedures during disciplinary hearings.

3. Contract Review: Students often enter into agreements while in college, like leases, rental agreements, or employment contracts. A lawyer can review these contracts to ensure they are fair and protect your interests. They can also advise you on your rights and responsibilities under these agreements.

4. Criminal Charges and Offenses: Sometimes, students may find themselves on the wrong side of the law, whether it's underage drinking, drug possession, or another criminal offense. A lawyer can provide essential legal counsel, help you understand the potential consequences, and work on your defense strategy if needed. An education attorney can help you if the criminal matter results in a conduct matter with your college or university.

5. Preventive Legal Advice: Having a lawyer on retainer isn't just about reacting to legal issues; it's also about preventing them. A lawyer can provide guidance on how to stay within the bounds of the law. They can advise you on matters that may carry legal risks. Additionally, a lawyer can educate you on your rights, ensuring you understand how to protect yourself legally in various situations, from new business ventures to hosting parties to employment matters. This knowledge can be invaluable in avoiding legal troubles in the first place.

Your college's office of Student Legal Services may be able to help in certain, limited circumstances, but not when the opposing party is the university itself (like in code of conduct or academic misconduct proceedings) or another student at the university (like in a roommate dispute or Title IX hearing). Student Legal Services offices are operated by the college, and therefore they may have a conflict of interest with matters involving the college itself or other students at the college.

In conclusion, college can be an amazing time for personal and academic growth, but it's also a period when young adults may face unexpected legal challenges with serious implications. Having a private education lawyer on retainer can provide college students with a safety net and peace of mind. Lawyers can help you navigate legal issues, protect your rights, and offer guidance to prevent problems from arising in the first place.

The education lawyers at Abdnour Weiker, LLP are here to help. Our mission is to protect the rights and futures of students and educators. We operate in Ohio, Pennsylvania and Michigan.

www.Lawyers4Students.com

Grade Appeals: 5 Tips for Appealing a Bad Grade

December can be an exciting time for a college student. Exams are over and you can breathe knowing that you are out of school for a few weeks. But for some students, this time can be particularly stressful for one reason…grades. If you are unhappy with an assignment grade, exam grade, or overall course grade, you have options to address it. Below are 5 tips to keep in mind when appealing a grade, for both undergraduate and graduate students.

• Locate and review your school’s grade appeal policy. Regardless of the college or university you attend, they will have a written document outlining all of their academic policies and procedures. You can typically find these policies in your school’s Student Handbook. If you are a typical college student, you are probably not going to have a hard copy of the school’s policies sitting on your desk in your dorm room. However, a quick search on your college’s website should bring you right to it. It is important to note that while some schools refer to this specific policy as a Grade Appeal, others include this process as part of their general Academic Grievance policy. Lastly, your university may have slightly different Grade Appeal policies depending on your specific program. Be sure to locate the Grade Appeal policy that applies to your department.

• Pay attention to deadlines. This may seem like an obvious tip, but it is an important one. If you do not submit your Grade Appeal on time, you have likely lost your opportunity. Every college and university has a different timeframe for when a student must submit their Grade Appeal, and these deadlines can differ considerably. For example, Professional Skills Institute requires students to submit their appeal within five (5) days of receiving the grade. Capital University’s policy states that students must initiate the appeal procedure within eight (8) weeks of the grade being posted. In stark contrast, The Ohio State University requires a student to initiate the process before the end of the second succeeding semester. Because these deadlines range from a few days to several weeks after receiving the grade, it is important that as soon as you receive the grade that you want to appeal, identify those deadlines and submit your appeal within that timeframe.

• Be specific and include as much information as possible. When you are drafting your grade appeal, you will want to give a detailed explanation as to how your grade is incorrect. Maybe you and a partner worked on an assignment together, had the same answers, yet your partner received a higher grade. Maybe an assignment was recorded as not being turned in, yet you received feedback on it. Maybe certain exam questions were marked incorrect when they were, in fact, the right answer. Describe the assignment at issue and include why you should have received a different grade. The more detail and information you can provide, the better. Of course, be sure to submit your appeal to the person identified in the Grade Appeal policy.

• Be patient but do not be afraid to follow up. Once you submit your grade appeal, the hardest part begins…waiting. You may be asking, “how long do I have to wait before I hear back?” As you can guess, that depends on the school. Some colleges and universities require faculty to respond within a certain timeframe. For example, Professional Skills Institute requires the Campus Director to respond within five (5) days of receiving the appeal. However, many schools, including The Ohio State University, Capital University, and University of Toledo do not require faculty to respond to appeals within a specific time period. In that case, you may not receive a response for several weeks. This can be very stressful for students, especially if your status as a student depends on the outcome of the appeal. It is always beneficial to try to remain patient throughout this process. However, following up with the University every once in awhile can help ensure that your appeal has not fallen through the cracks.

• Appeal again. When you do finally receive a response from the college, you may not be happy with the result. In that instance, be sure to review your school’s Grade Appeal policy again. Many schools have policies that contain multiple steps in the appeal process. Capital University has four stages where students can attempt to address their grade first with the faculty member individually, second with the faculty member in a mediation, third with a committee, and lastly to the Provost. The University of Toledo has a five-stage appeal process, and The Ohio State University has a three-stage appeal process.

Please note that these various stages do not occur automatically if a student’s appeal is initially denied. Rather, the student must initiate the process at each and every stage. Students should also be sure to pay close attention to the deadlines at each stage of the appeal. While some universities do not require faculty to respond to a student’s appeal within a certain timeframe, they often require a student to then initiate the next stage in the process within a certain amount of days. Similar to the initial step, if you are past the deadline, you have likely lost your chance to take your Grade Appeal to the next stage.

Take advantage of your school’s multi-step appeal process if it exists. Students often feel defeated after their appeal is denied at the first stage. However, if the school has a multi-stage appeal process, you have the right to utilize that process. It does not hurt you to appeal your grade at every level. Rather, when your appeal is reviewed by different faculty members, it can result in a different outcome. Always be sure to appeal!

Written by Jessica Moore, Esq. at Abdnour Weiker, LLP

Questions or need advice? Call us: 614-745-2001

Applying for Grad School? What you need to disclose.

When applying to graduate programs, especially law school, many applications require that all applicants disclose any criminal or academic misconduct. But it can be tricky to know what you do and do not need to disclose.

One simple answer is to read any disclosure questions carefully. While the disclosure questions can be lengthy, it is very important to read the entire question for two reasons: (1) To make sure that you do not mistakenly withhold any information and (2) To know specifically what you do and do not need to disclose.

Not all schools are the same and it is very possible that some schools require different information that other schools. Failing to disclose required information can result in having to take extra application steps, not being accepted to the school, or having your acceptance revoked. Ensuring that you are disclosing all relevant information can help ensure an easier application process. Reading the disclosure question thoroughly will help guarantee that you disclosed all requested information.

Tips to answering application disclosure questions:

1. Read the question thoroughly

2. WHEN IN DOUBT, DISCLOSE

3. Know your criminal and academic history

Honesty is the best policy when it comes to disclosures on applications. If you are in doubt about whether to disclose a piece of information or not, it is always better to be honest and disclose rather than trying to hide the information. You also have the option of contacting the school and asking if a piece of information needs to be disclosed or not. It is important to know the  status of any criminal or academic misconduct you may have because in some cases if the charge was dismissed or expunged, you may not be required to disclose the misconduct. It will be stated in the disclosure question whether dismissed or expunged misconduct must be disclosed or not.

While some schools may require you to disclose minor traffic infractions, such as speeding, it is unlikely that a simple speeding ticket or other minor traffic violation will negatively affect your admissions odds. However, failing to disclose may negatively affect your admissions chance!

In short, make sure to read the disclosure questions carefully to find out exactly what must be disclosed, and if you are still on the fence about whether to disclose or not, always disclose.

Questions? Call us! 614.745.2001

Article written by Avery Young, 2L at Capital University Law School and Law Clerk for Abdnour Weiker, LLP

Straight From A Student's Mouth: My experience defending a charge of cheating.

Straight from a student's mouth:

A college student found herself charged with academic misconduct (a.k.a. cheating). Here's her story.

"Last semester, I was in a Marketing class required to pursue my Human Resources degree in the Fisher College of Business at Ohio State. It was not the most difficult class, nor the most interesting. Each week, we had weekly warm ups and quizzes on chapters from the text. These assignments were issued via Pearson, an online education service that students at Ohio State used to do online work. For some classes, including Marketing, Pearson made up the questions based on the textbook. These questions stayed the same every semester, and students often made quizlets (an online study tool, comparative to online flashcards) to study from. These quizlets included the quiz question and the answer, and were public. If you searched the question, the answer would come up online. These online assignments were open notes; therefore, we were allowed to use our computers and resources.

GroupMe is an app that allows for large groups to communicate without the annoyance that large groups texts bring - we all know those. A GroupMe was created for Marketing for questions that may arise during the class; when are the exams, what do they cover, etc. Soon, people began posting the answers to the quizzes and warm ups, because everyone knew we all looked them up and this saved time. One week, I posted a warm up and quiz because I felt bad I never posted anything. No one really checked the GroupMe except for the answers to the quizzes and warm ups, so no one noticed 83 people had joined it. People kept adding other people, and one girl decided to turn in the GroupMe group at the end of the semester.This case was brought to the Committee of Academic Misconduct (COAM). Almost an entire semester later, COAM gave out punishments. Everyone who had been in the GroupMe but not posted any warm ups or quizzes were put on academic probation and had to retake the class. Everyone who had posted also was put on academic probation, had to retake the class, and was suspended for two semesters. So I was suspended for two entire semesters for posting one warm up and one quiz within fifteen minutes of each other all because I had felt bad I never posted. I would have finished the class with an 88.9%.As an HR major, I pride myself on ethics. I am involved in other activities outside of school, including a sorority, president of another organization, and have had multiple internships not only in the summers, but part time while being a full time student. Therefore, it was extremely shocking and upsetting that I, a student who gives my all in the Fisher College of Business and balances my time with things that will strengthen me, got suspended. I was due to graduate this Spring, in 2018. I would no longer be able to graduate on time. Telling my family, friends, and peers was not only hard, it was embarrassing.The suspension was to be the Spring 2018 semester and Summer 2018. I would then finish my classes fall 2018, and graduate. However, since I was a Human Resources major, and the classes I needed to take to get my degree were only offered in the Spring, my suspension essentially became three semesters since I would need to stay that extra spring semester. I hired AW, and my attorney wrote a strong appeal letter that allowed my suspension to be summer and the next fall (2019), so I could finish my classes this spring, and just get my degree a year later in Spring 2019. This allowed me to work or do whatever I would like for a year, rather than having to take a break and then go back to school.As hard and challenging as my situation was, and still is, it brought about some good things. Although it was difficult to remain positive throughout this experience, I knew if I held my head high things would workout, and they did. I have a great job in the field I want to pursue, and am trying to make the best of the situation.If it can happen to me, it can happen to anyone. I try to remember the old saying, 'When one door closes, another door opens.' I am now motivated and determined again."   

Changing Student Records

Parents and Students Have a Right to Request Amendment or Removal of an Education Record

Students ages 18+ and parents of students under age 18 have a right under federal law to request removal or amendment of inaccurate files contained in the student’s education record. The right exists under the Family Educational Rights and Privacy Act (“FERPA”) and it applies to students of all ages (pre-school to Ph.D.) who attend or attended schools that receive federal funding. This includes all public schools and many private schools.

Initial Request to Amend of Remove an Education Record 

If a parent or student believes an education record (including any disciplinary record or special education record) contains information that is inaccurate, misleading, or in violation of the student’s privacy, they must start by requesting that the school remove or amend the record. 34 C.F.R. § 99.20. Although not required, it is best to make the initial request in writing.

Under FERPA, the school must then decide, within a reasonable time, whether or not to amend the record as requested. If it complies with the request, the process ends.

If the school decides not to amend or remove the record as requested, it must notify the parent or student of its decision and also inform the parent or student that they have a right to a hearing on the matter. Id.

Required Hearing and Applicable Rules 

A school must provide a parent or student, on request, a hearing to challenge the content of the student’s education records on the grounds listed above. 34 C.F.R. § 99.21. The hearing must be held within a reasonable time following the request. The school must give the parent or student notice of the date, time, and place, reasonably in advance of the hearing. 34 C.F.R. § 99.22.

The hearing may be conducted by any person, including any school official, who does not have a direct interest in the outcome of the hearing. The school must give the parent or student a full and fair opportunity to present evidence relevant to the request for amendment or removal. The parent or student may be represented by an attorney at their own expense.

Following the hearing, the school must deliver its decision in writing within a reasonable period of time. The decision must be based solely on the evidence presented at the hearing and must include a summary of the evidence and the reasons for the decision.

Good Outcome: Written Notice That the File Will be Amended 

If, as a result of the hearing, the school decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it must: (1) amend the record accordingly; and (2) inform the parent or student of the amendment in writing. 34 C.F.R. § 99.21.

Bad Outcome: Right of Parent or Student to Place a Statement in the Record 

If, as a result of the hearing, the school decides that the information in the record is not inaccurate, misleading, or otherwise in violation of the student’s privacy, it must inform the parent or student that they may place a statement in the record commenting on the contested information or indicating why they disagree with the decision of the school, or both. Id.

If the parent or student provides a statement and the school places it in the student’s record, the school must: (1) maintain the statement with the contested part of the record for as long as the record itself is maintained; and (2) disclose the statement whenever it discloses the portion of the record to which the statement relates. Id.

What to Do When a School Refuses to Follow the Process

A parent of a student may file a written complaint with the Family Policy Compliance Office of the U.S. Department of Education regarding any alleged violation of FERPA. The Complaint form is available at http://familypolicy.ed.gov/complaint-form.

Questions? Call us! 614-745-2001

Educators & Social Media Interactions

Many of you have heard about the teacher fired for her Twitter response to a student's  misspelling of the word tomorrow. See: http://abc6onyourside.com/news/nation-world/experts-defend-school-staffer-fired-after-correcting-students-spelling-on-twitter

While the teacher's response in the article certainly appeared to be more playful than harassing, it does highlight the inherent problem facing educators interacting with students on social media. The first rule and best rule to follow is that educators should not interact with students via social media, text message or alternative messenger apps such as SnapChat or Kik. When the school itself authorizes or instructs its employees to use these platforms to inform students and parents, extreme caution should be exercised.

The real challenge is that social media and messenger platforms are inherently informal. Educators can be lured into making seemingly humorous comments which others (namely parents) would consider rude or disrespectful. This means that posts originally intended to be playful (like the one in the article) are ultimately viewed as harassing. Teachers can easily forget that, notwithstanding the apparent equivalent "user" status they have with students online, they remain in a position of power over students in the real world. This means that comments from a teacher or educator carry more weight than comments made by peers, and can easily be considered an abuse of power. This is often how educators and schools using social media end up in awkward positions.

In addition to discipline or termination of employment, educators also risk license suspension or revocation for improper communications made on social media or by text. Based on recent license suspensions and revocations, it appears that the Ohio Department of Education is taking a tough stance on all questionable or informal electronic communications between students and teachers. For these reasons, it is sage advice for all educators to avoid social media or texting communications with students altogether if possible. If the employer-school authorizes or instructs teachers to use these platforms to communicate with students and/or parents, all communications should be about school business with no exceptions. And never get lured into making a joke at a student's expense.

Remember: in addition to representing students and parents, we counsel teachers and administrators through employment related matters in order to keep quality educators in schools. 

Questions? Call us! 614-745-2001

College Code of Conduct - Quick Q & A

College Students Often Caught Off Guard by Code of Conduct

Q: What is a college code of conduct? A: The code of conduct is a set of rules that governs student behavior on campus. This includes the regulation of academic behavior (e.g. plagiarism, cheating, academic dishonesty), as well as non-academic behavior (e.g., alcohol or drug violations, hazing, harassment, sexual assault).Courts view codes of conduct as contracts between students and colleges, and hold that students agree to the terms of these contracts when they enroll. The terms can be surprising and regularly catch students off guard. Unfortunately, students usually don’t read the “contract” until after they have been accused of an infraction.

Q: Can the code of conduct be applied off campus? A: Yes. The code of conduct can regulate some off-campus activity. Courts have held this to be a proper extension of the school’s jurisdiction so long as the school properly identifies the prohibited, off-campus behavior in the code of conduct and there is some connection between the behavior and campus. For example, colleges may impose sanctions for out-of-control parties (in which other students attend), stalking or harassment of another student off-campus or actions that demonstrate unprofessionalism for a particular profession.

Q: Can I use an attorney for code of conduct proceedings? A: Yes, but codes of conduct may limit your use of an attorney. Even for public universities, courts have determined that students do not have an absolute right to counsel in code of conduct proceedings. The right to counsel only exists when an attorney appears on behalf of the university or when the proceeding was “subject to complex rules of evidence or procedure.”Your school may allow you to use an attorney, but in an “advisory capacity” only. This means that the attorney can advise you, but cannot speak on your behalf. This is commonly called “potted plant” representation. Attorneys may not be allowed at all for purely academic issues (e.g., grade appeals). Private schools may also prohibit the use of attorneys because certain constitutional due process protections may not apply.

Q: Why should I hire an attorney who can only advise me? A: You may think that hiring an attorney is futile in such a circumstance, but an attorney can help in a number of ways. The attorney can: help you understand the risk involved in requesting a hearing versus accepting responsibility; help you prepare questions and evidence; identify additional protections that may exist (e.g., protections for disabled students, minimal constitutional due process standards, etc.); and provide guidance throughout the hearing itself. There are also several factors to consider if you are facing a pending criminal charge in addition to a code of conduct violation. When procedural errors do occur, attorneys can help students properly identify the errors and file an appeal.

Q: How much evidence must the school have against me in order to find me guilty of a code violation? A: Regardless of the alleged conduct, the “preponderance (greater weight) of the evidence” standard is universally applied during code of conduct hearings. Very little evidence may be used to find a violation. This can be a rude awakening, especially for students charged with violations that may result in a substantial suspension or dismissal. Dismissed students can be left holding hefty student loan debt with no corresponding degree, all based on a panel’s determination that it was “more likely than not” that a violation occurred.

Q: Can the school fine me? A: Yes. Some schools impose monetary fines for code of conduct violations. Fines can range from nominal amounts to several hundred dollars. Schools cite fines as a deterrent to unwanted behavior, although the practice has raised some ethical questions in the last few years.

Q: Can I appeal a decision? A: Yes, but the time to appeal a code of conduct panel decision can be very short, often between three and seven days. You may lose your right to an appeal simply by taking too long to check your mail or consult with an attorney.

This “Law You Can Use” column was prepared and published for use by the Ohio State Bar Association (OSBA). It was authored by Mark A. Weiker, an attorney with Abdnour Weiker, L.L.P., who practices education law and represents students and educators. The column offers general information about the law. It is not intended to be legal advice. Seek an attorney’s advice before applying this information to a legal problem.    

Questions? Call us! 614-745-2001

HOW TO: Be A College Student With A Disability

If you were a student with a disability in elementary, middle or high school and are now in college, you’ve probably noticed a huge difference. Gone are the intervention specialists and teachers who read your IEP or 504 and kept you on track educationally, emotionally or physically. College professors expect you to manage your classes, your student life, everything, on your own. They may never have heard of an IEP or 504, and they may not understand that you may need accommodations. But you do. Still. So what should you do?

You hopefully received in high school what the law calls FAPE – a Free and Public Education. If you had an IEP, it should have been tailored to making sure you received specialized educational services under IDEA – the Individuals with Disabilities Education Act. Or you may have had a 504 plan – accommodations for your disability that you were entitled to based on Section 504 of the Rehabilitation Act of 1973.

Here’s the bad news. Colleges don’t have to provide a Free and Appropriate Education (FAPE) to you. This is because colleges are not subject to IDEA.

However, you still have protections. Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans With Disabilities Act of 2008 prohibit discrimination on the basis of disability in college.   This means that those accommodations you received under an IEP or 504 in high school may still apply in college.

The huge difference between high school and college: you are your own advocate. In high school you had teachers, parents and administrators helping you and advocating for you. You may have gone to your annual IEP or 504 meetings, where a lot of school staff and you and your parents hashed out a plan that was the best fit for you to learn what you needed to learn.

But in college, you are the one who needs to bring up your need for accommodations.

- The "How To" -

1. Identify yourself to the college as a student with a disability. Colleges should have an office responsible for disability services. Check out their website and see what kinds of documentation they require, and what services they routinely offer. For example, Columbus State Community College offers Read and Write Gold for everyone on campus regardless of disability.

2. Get tested, if necessary. The college may need documentation. Colleges can set their own requirements for documentation, and often a copy of your 504 Plan or IEP is not enough to prove that you currently have a disability.

   • Who pays for any testing you may have to get? In high school or below, the school district paid for any evaluations. Colleges are not responsible for paying. If you qualify for your state vocational services, the state may pay. Opportunities for Ohioans with Disabilities (OOD) at http://www.ood.ohio.gov/Core-Services/BVR can help. Otherwise, you are responsible for paying for an evaluation that the college needs to determine if you have a disability.

3. Documentation to show the following:

   • That you have a disability;

   • The disability substantially limits a major life activity; and

   • The disability shows the need for academic adjustments (or accommodations).

     • When don’t you need documentation? A medical diagnosis may be enough for a college, proved that it includes how the disability impairs you as a student. Colleges have leeway in making this determination – you may be required to provide additional documentation.

4. Work with the college in determining which accommodations are necessary for you. It isn’t as simple as showing the college what you got in high school and asking for the same accommodations. Remember, you don’t have the right to specialized educational services. Colleges do not have to give you any accommodation that fundamentally alters the program or result in undue financial burden on college. For example, you may get extra time on a test, but the college won’t have to change the content of the test.

Remember, the person at the disability office is not like your intervention specialist or teacher in high school. The disability officer evaluates your documentation, works with you to figure out which services you need, helps you with arranging services and testing modifications, and deals with any problems that may come up. The officer does not tutor you, give you counseling, or help you manage your time. Depending on the college, other offices may provide tutoring, counseling and other services.

Who pays for aids or services you may be entitled to receive? Colleges cannot require that you pay for them, and they can’t charge you more than non-disabled students. In most cases the college is responsible for aids or services, although colleges don’t have to pay for aids or services that are an undue financial burden on the college.

Finally, you should plan on initiating this process as soon as possible. Don’t wait until after you have struggled all semester in a class! These are proactive accommodations – the point is to help you as problems arise, not give you a pass afterwards. Ask for accommodations before you take the test, write the essay, or do the lab. Be your own advocate. We have encountered issues where colleges were not aware of the disability, no request for accommodations were made by the student, and now the student is facing academic probation or expulsion.

- Think about the following -

• Understand your disability. Be able to explain it clearly to others.

• Acknowledge your areas of strength as well as weakness. We all have them. Own them.

• Make sure you are prepared for the classes. If you are weak in math, take preparatory classes so that when you get to college you can succeed. Take the summer school program in your college. Community colleges are excellent places to take classes, get used to college, and still have a bit of a safety net. Columbus State Community College has excellent disability services. Call them.

• Learn time management and organizational skills. All college students need them, but disabled students often have to work harder and longer than the average student. Make sure that you work smarter, not just longer.

• Finally, do your research when considering colleges. Some colleges are better suited than others for your type of disability. Visit, ask questions, and look at the requirements for the program(s) you are interested in. Don’t waste your time and money in a program that is not a good fit.

If you feel that the college has discriminated against you because of your disability, work with the disability officer. If that doesn’t work, move higher up the chain of command. And if you need someone to advocate for you, contact Albeit Weiker, LLP. We understand higher education and disability law.   You may not be entitled to a free and appropriate college education, but you have legal rights as a student with a disability.

Questions? Call us! 614-745-2001