Legal Question in Education Law in Texas

I am a graduate school student and my grade was artificially lowered by a prof to a failing grade. I was told that was because I was constantly late for class-which was untrue. I walked in with my classmates to class but nobody else was punished. When asked to provide evidence of my "tardy", the prof said they did not have any evidence but only a secret notebook where she would make notes when a student was late. No attendance sheet was ever passed around in that class.

Could such undisclosed information (the secret notebook) really can be used as competent evidence against me? Could that prof become the "ultimate" authority of saying who was late and who was not, without any checks and balance?


Asked on 10/14/10, 8:55 pm

1 Answer from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

You should look at written policies at your school. Look for policies written for students and those written for the professor.

There is probably a rule somewhere that the prof must put into the syllabus anything that can negatively affect a student's grade.

Once you know the written policies, arrange a meeting with the next person up the professors chain of command.

I am an Austin Divorce Lawyer.

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Answered on 10/20/10, 7:10 am


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