The expulsion of a student from the university is a headache for the student and his parents. Every year, many people enter various educational institutions for training, and, for sure, everyone knows about such an unpleasant moment. Expulsions can be a result of various factors like academic misconduct and other forms of indiscipline. The good thing is that you can challenge some of these decisions in court.
An academic misconduct attorney is one of the professionals to hire in such a scenario. You can also hire a student’s rights lawyer who can also defend you in case of expulsion.
When the order for the expulsion of a particular student is issued, and the student or his parents do not understand why the student was expelled, then, first of all, it is necessary to find out all the circumstances that served as the basis for such expulsion, read the order, since the student’s expulsion may be erroneous, for example, due to incorrectly filled sheets.
- You should familiarize yourself with the expulsion procedure at the relevant educational institution.
- Further, considering the grounds for the student’s expulsion and the procedure for such expulsion, you must either contact the dispute settlement commission or go to court.
- You can also prepare a letter addressed to the rector, setting out all your reasons, including why the student believes he was unlawfully expelled.
In the absence of grounds for expulsion or non-observance of the expulsion order, the student or his lawyer has the right to send written objections to the commission to settle disputes between the parties to such a dispute, setting out their arguments.
Also, objections can be sent to the university’s name with a request to understand the situation and cancel the expulsion order. In objections to the order, all information known to the student or legal representative related to expulsion must be indicated in detail. Copies of documents (if any) that support the applicant’s arguments must be attached.
A complaint about student expulsion can be filed with the dispute resolution commission. For example, when a student is expelled for committing a disciplinary offense, then in this case, before issuing an order for expulsion, the student must be required to provide written explanations, i.e., the procedure is similar to the employer’s disciplinary action against its employees. The organization must have evidence that it requested answers from the student, but he did not provide them within three learning days.
If the student does not explain, then this does not preclude disciplinary action.
If the illegal expulsion is challenged in court, a lawsuit is filed with the relevant lower court to declare the expulsion order illegal. Also, along with the specified requirement, other requirements may be declared, for example, for the payment of a scholarship, for compensation for moral damage.
If the court accepts the claim for proceedings, the judge sets the date and time to consider the case.
In the course of participation in the process, the plaintiff must substantiate his claims and prove that the expulsion was unlawful. The specific reasoning depends on the circumstances surrounding the expulsion, i.e., on what grounds the student was expelled, whether he had valid reasons, for example, not to attend lectures, etc.
Getting a professional attorney is very important. Expulsion from a university can destroy all plans at one point. However, do not give up ahead of time. If you find yourself in a similar situation related to expulsion from the university, consider your expulsion illegal, then start acting, defending your rights. If you do not know how to proceed, contact a lawyer who is always ready to provide legal assistance in resolving such issues.