Legal Question in Education Law in North Carolina
I am an older adult going back to school in the cosmetology department. I feel that I have a right to refuse any treatments or procedures to my own body that I personally do not want to have done on me. I have run into an issue with my current instructor who is requiring me to have something done to my body in order get a passing grade. I refused to have the procedure done on me but very willing to do the procedure on others in order to learn and be graded for my performances.
I feel that I should have the right to give informed consent to have any procedure done on my body without being punished or bullied by my instructor. Is there a written law that I can present to my instructor in order to inform her about my personal rights?
1 Answer from Attorneys
Unfortunately, I am unaware of any law that would help here. When you attend a voluntary school...anything above compulsory grade schools, you have selected to go and have to submit to their rules.
Example: we all have 1st Amendment rights to practice our religion free of intrusion. But if you attend a private catholic college that requires all students to attend Sunday Mass, a baptist student can't sue to prevent going. The remedy is to transfer to a school without such a requirement.
Unfortunately, if this is a requirement that put on all students, you would have to follow the procedures or go to another school without such a requirement. Your best bet is to speak to administration at the school and discuss your concerns and devise a plan around it.
I am unaware of a legal cause of action that would have a Court order the school to not allow cosmetology services applied to you by other students.
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