Legal Question in Education Law in North Dakota

Action against State University

The majority of our class was placed on probation for alleged student misconduct. The majority of students have exhausted the appeals process through the University. As part of the probation terms specifically stated in a letter each of signed, we were to specifically ''attend and partially pay for an Ethics class to be held in September, 2007''. The University did not hold this Ethics seminar in September, 2007 and now want to hold it in January, 2008.

1) Can we legally challenge that we signed the document to attend the seminar in September, 2007 and not any other time and therefore not be responsible for attending and partially paying for the Ethics seminar?

2) What court and type of action would we file with to challenge this?

Thank you in advance.


Asked on 10/11/07, 1:06 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Action against State University

A court will likely look to the substance (the need for an ethics class) and not to the form (when it was supposed to be held) in deciding this matter. Your best bet is to attend the class. Ethics is one of the most helpful of classes to you later in life in that it gives you the background and decision-making matrix to prevent problems before they begin.

Suck it up and do what you agreed to do, even if you have to do it in January.

Good luck.

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Answered on 10/11/07, 9:25 am


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