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    Speak Up! - View Question #450


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    Question: Can a student make a law suit against their teacher if he is being prejudiced against students, or in other situations? In other words does a student have a right to sue the school or a teacher?

    Answer: Yes, students are allowed to sue their school if they have been 'wronged'. I believe that your question deals more with, what types of wrongs can a student sue a school for? To avoid a complex discussion on every type of lawsuit that a student can file against a school, let's review two basic areas that relate to your question.

    If a student, or any person, is denied their 'civil liberties' - that is, anything that our Constitution says we shall be protected from - then we have a claim [a lawsuit]. You may note that some of those 'civil liberties' protect us from being treated differently from other people for no legitimate reason. A legal term is called 'due process' - that is, if we are not given an opportunity to defend ourselves when something is taken away from us, or if a new rule treats one specific type of person [you or me] differently than other people.

    If a student is discriminated at school, a student may have a lawsuit. Discrimination is when someone is treated differently than other people, because of gender [sex], race, disability, religion, or national origin. For example, Title 9 is an area that protects against a form of discrimination - it prohibits sex discrimination in any educational program or activity receiving federal financial assistance.It states that:

    '[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance'. 20 U.S.C. §1681 (a).

    In order to win a Title 9 lawsuit, a plaintiff must show that he or she has been denied participation in a federally funded educational program or activity, and that the denial was based on the person's sex. (See, e.g., Bougher v. University of Pittsburgh)


    Comments
    1 thru 4 of 4 comments    [ 1 ]   
    On 06/28/06
    Edar from AZ said:
    HI, i new at this i have been in school in college almost 3 years. I was discriminated and the school acts like its no big deal to them. They call me in the other day and told me that Edgar you are almost there to get your AA. So just for get about how the school is treating you. i told them i well never forget it, they told me let it go. I refuse to. I have been hitchhinke back and bcak to school and home for almost 3 years and they want me to forget what ever happen to. My instructor said things about me being GAY and i did not come to school for that, i came for a education.
    On 08/25/05
    tammy from OK said:
    I attend a community college here in oklahoma.I would like to tell everyone what I have been going through. I entered the occupational therapy program at the college.I went into it with a 3.5 grade average.The teacher right from the beginning started giving preferential treatment to other students. As time went on I would raise my hand to ask a question only for teacher to wave back at me.That was only the beggining. Later on during the second semester i worked as hard as the other student always on time. At the end of the semester I came out with two C's which I didn't earn.now i am at a 2.8
    On 05/16/03
    asfsdafd from CA said:
    You have the right to sue anyone for any frekin reason you want to but just make sure your right and have evidence to support your claim other wise its a waste of money and time.
    On 12/12/01
    Trent from AZ said:
    My teachers are way nicer and let all the teachers kids or friends kids way better,and all they do is steriotype me and my friends when we have done nothing wrong.I have reasonly been accused of hate mail when i did not.The teacher had no evidence that i had done anything but she thinks that it was me .
    1 thru 4 of 4 comments    [ 1 ]   



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