Legal Question in Education Law in California

Hi I am attending a community college and I had enrolled into a class which I was put on a waiting list which I was third in line. On my first day to attend the class in hopes that some people wouldn't show up and I would be added, the teacher print the wait list which he roll called and I found out I wasn't on the list. I talked to him and later after the class I emailed him telling him about my concerns of not being on the list. The following day i went to the admissions office to try and get to the bottom of this and I was told they didn't know why i wasn't on the list that it showed I was 3rd. Unfortunately i was told they couldn't print it out, so to talk to the teacher, so I emailed him telling him if he could go to the admissions office so that he can see the proof that i was 3rd. Later on in the day he emailed me that he was sorry but he added the first 5 wait list students off his bogus list, completely ignoring my concerns and flags to try and resolve my problem even though i should have been 3rd. Now my question is can I sue the school for being treated unfair? things i have done is talk to the teacher emailed him twice and talked to the admissions office. Tomorrow on Wednesday 9-1-10 i will talk to a counselor


Asked on 8/31/10, 10:13 pm

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

Usually these waiting lists are maintained only by the registrar. As a result, the individual instructor does not have the discretion to determine who gets into his/her class. This policy is intended to avoid the favoritism and arbitrariness that you have experienced. One exception may be if there are prerequisites for a class, and the instructor has the discretion to determine whether or not a student, including wait-listed students, have the necessary prerequisites.

See www.higheredjustice.com.

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Answered on 9/09/10, 12:22 pm


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