Legal Question in Education Law in California

I went to a Community College, De Anza, and I signed a Transfer Agreement Guarantee (TAG) with UC Davis, which is basically a contract that ensures that you get into the school if you fulfill certain requirements such as taking certain classes and maintaining a certain grade point average. I fulfilled these requirements, talked to a UC Davis counselor just to make sure, and 2 other De Anza counselors and they ensured me I was all set. Then I get an e-mail saying that I did not meet the requirements and my TAG did not got through. I went into the De Anza counseling office, and asked what happened. the counselor did not understand what happened either. I even called UC Davis and they say they never received that TAG, and finally, they sort it out and realized that the counselor who evaluated my contract/agreement looked up the wrong major and denied me, and therefore the application never got sent in, which jeopardized my acceptance to the college. And since the deadline was past when I was notified there was nothing to be done. Is there anything I can do?


Asked on 8/14/11, 7:07 pm

2 Answers from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

Yes, De Anza has been negligent in mishandling your TAG. They had a duty to handle the paperwork competently, but they failed. They are liable to you for damages, e.g., the costs of delaying your entry into UC Davis. Contact me if you need to discuss this further. (805) 549-7745.

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Answered on 8/14/11, 8:10 pm

Mr. Harrell's answer MIGHT be correct, IF the school district had a legally binding duty of care to process you papers in any particular way. Without researching the issue, I would be willing to bet that the community college district has not agreed to be sued for that kind of error, and that the legislature has not imposed liability on the district for that kind of error. In which case sovereign immunity bars any liability.

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Answered on 8/14/11, 10:25 pm


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