Legal Question in Education Law in California

I had a mental illness that affected my ability to be rational, uncharacteristic of my normal day-to-day behavior. The illness lasted over a year, untreated because I was unable to see the need for help. I finally was hospitalized due to my mental illness, treated for my condition, and returned to my healthy state of mind. During the period of illness I enrolled in classes which I subsequently "refused to finish" (the reasons being an unstable frame of mind). I have tried to have my academic records from that time period expunged because I was not mentally fit to enter into contracts of enrollment in the first place, and in the second place my education was disrupted due to medical conditions. The issue that my school keeps bringing up, is whether I have medical records during the academic semesters affected. I do not. However, I visited a mental-health specialist just prior to and at the end of my mental break, both of which support my statements about my mental health. I think it is unreasonable for the school to expect me to have had the presence of mind to see a doctor at the time of my enrollment (in between those bookended doctors visits), when the issue of having no presence of mind is what affected my academics. If I had had the presence of mind to see a doctor, I would have been treated and not ended up in the situation I was in.

How can I approach this problem from a legal perspective?


Asked on 6/21/11, 10:52 pm

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

Get a lawyer to file suit against the school rescinding the contract that you had with the school based on the argument that you lacked the mental capacity to enter into a contract. If the school needs further evidence, have your lawyer hire an expert (either a clinical psychologist or psychiatrist) to do an assessment. Possibly your current mental health providers can author an affidavit/declaration attesting to your lack of capacity at the time of your enrollment..

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Answered on 6/22/11, 4:23 am


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