Legal Question in Education Law in California

Hi

I was dismissed from my university because they found out that my transcript from junior college had two grades that were changed illegally. I was held responsible for the changes when it was not my fault. I was also criminally charged but later the DA dismissed my criminal charges. When I had my administrative hearings at my university, the university used my criminal complaint against me, showing the hearing committee [ie people who would decide on the punishment and if I am guilty] the criminal complaint. The committee took the criminal charges being true and dismissed me from the university. This was in 2007 and my criminal charges were dismissed in 2009. I would like to file a civil case showing that the university did not follow its own procedures in keeping the criminal case separate and dismissing me without any proof except for the criminal complaint. Do I have a case??


Asked on 3/02/10, 1:28 pm

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

Interesting problem. I'm pretty sure that a dismissal of criminal charges would not necessarily mean that the issues at your university should also be dismissed. There are different standards of proof required, with a higher one for the criminal court. As to whether or not the university committee should not have used the criminal charges, you may have a case. I am concerned that this occurred in 2007 and you wish to proceed against the university at this late date. It is important whether or not you used all of the university appeals. If you are interested in pursing this, contact me and check out my website www.higheredjustice.com.

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Answered on 3/07/10, 2:55 pm


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