Legal Question in Education Law in Iowa

Readmission into Pharmacy Program after suspension

My son had been academically suspended from a pharmancy program twice. After each 1 yr.suspension he was told he can reapply. After 1st suspension he was to achieve certain gpa, he didn't, so he was suspended again. He was told to retake 1 yr. of therapeutics at accecredited school, do well and take PCAT exam. He earned c+'s in 1st and 2nd semester courses and 92% in pcat. His school only required 50%. He reapplied and was turned down. He appealed to the dean, she turned it back to the academic committee, and was turned down again, by saying that he was untruthful about what the dean had advised him to do. He was never untruthful nor unethical, but now that he met the acedemic requirements, they are refusing his readmission based on some trumped up excuse. This University has a law school affiliation, and the letter's my son has received, certainly have a legal verbage. Question-is it worthwhile to hire an attorney in Iowa & sue the school because they led him on for years & accepted his tuition & was told that he can reapply. There never was any guarantee that they would accept him, but there wasn't any real reason why they shouldn't. They took $100,000 of his and my money, and led him on & defamed his character and reputation.


Asked on 10/15/05, 9:03 pm

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Readmission into Pharmacy Program after suspension

Dear Readmission:

1. You are correct that venue [where you would have to sue] is in Iowa with certain exceptions.

If student loans were involved, adn the loans were entered into in California, and they were obtained throught he school's fraud, then potentially you could sue in California.

2. As far as 2 bites at the apple, you have to FIRST view the schools WRITTEN academic policies. If there is nothing WRITTEN that supports your son's position that the Dean made certain representations, then you have little chance of prevailing.

Prevailing: The key. Each case on the planet has two components, fault [liability] and damages [provble injury or economic harm]. You have a two fold proof problem.

Syggestion: Have your son apply to another school and have the credits transferred--negotiate this with the School in lieu of creating a ruckus!

I hope this has been helpful

Sincerely,

Mark Geyer

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Answered on 10/16/05, 9:01 am


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