Legal Question in Civil Rights Law in Montana

I am a convicted felon in the state of montana. I am attending college and was asked to leave collegs by my instructor (withdraw or be flunked) after passing both my mid term and final, he accused me of academic dishonesty, all tests were open book and we could work on them with others, the two guys I worked on mine with both passed and are still in class and doing fine, but I was asked to resign. He made a big deal about my parole status and went out of his way to call my parole officer and try to get me returned to prison. does this fall under a discrimination and harrasment suit?


Asked on 5/13/10, 11:57 am

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

This is beyond my area of practice but I do not see any other responses.

Call your PO and calmly describe what happened, and that you understand the prof called the PO. Tell your side. Don't withhold information, and do ask for your PO's help so you can stay in school.

Have you talked with your test mates? If they don't think you did anything wrong, ask them to write an affidavit to that effect, and ask them to have their signatures notarized. An attorney can help them with the salient facts that will help your defense.

Read the schools regulations to determine whether a professor has the right to demand that a student withdraw or be flunked. Visit the student council folks so they can help you navigate the policy manual on student misconduct and the accusers burden of proof. Of course, first the prof has to state in detail his grounds for demanding you leave so you can determine the prof's burden of proof. The prof needs to prove his case.

If the professor won't participate, or if you can't get help from the student council, or the department head, talk to an attorney. While your college might have a legal clinic for its students, you should probably call an independent attorney. You can call the Montana State Bar and ask for a referral through the Lawyer Referral Service or through the local pro bono clinic in your area.

Keep a rein on your temper, keep the investigation "on point" -- it should not involve your former acts, only the allegations regarding the test -- and keep your eye to the future.

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Answered on 5/26/10, 5:10 pm


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