Can a learning institution fail a student because of a mental impairment that was being investigated at the time that the course was being taken.
Situation: Someone I know was in a car accident and didnt know they had a concussion. Because of this, there was memory loss, where new information could not be retained no matter how much was studied and covered. They knew the information when they were covering it and grasped the concepts and was able to relay the information to other students in such a way that they could understand how to do it. But in the morning when she went to class, she couldnt remember any of it. After the end of the semester, she had gone to finish her neurologist testing, and it was discovered that she is having post concussion syndrome. Is there anything on the books that could help her if she were to appeal the grades she recieved (she failed nearly everything and she is typically a straight A student) to help her stay in her program of study?
2007-12-21 10:22:35 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You have the first step correct which is to appeal her grades to the dean and have a hearing. She will definitely need written proof from her doctor discussing her condition and specifically that it could cause her symptoms. She also needs written testimony from some of her previous professors attesting to her capabilities as a student in their classes. This is certainly the best route to take initially. There are other steps, however, if she doesn't receive a favorable decision from the panel overhearing her appeal.
The next step would be to get in touch with an attorney who specifically handles disability cases. Her Post Concussion Syndrome may very well fall under a disability in the eyes of the law and a lawyer who specializes in disability would be able to tell you how to proceed if the initial hearing gave an unfavorable ruling. It may also be a good idea to try to get this opinion before a hearing at her school. I'm sure her institution doesn't want to deal with a legal battle and the bad press that victimizing a young girl with a disability would bring (even if that disability was temporary).
Anyway, have a nice holiday and best of luck to you and your friend.
2007-12-21 10:36:03 · answer #1 · answered by Gentle One 3 · 1⤊ 0⤋
If the facts that you have presented out in the open is exactly as how you have put it. Then let us explore what you have interpreted.
Can a learning institution do?
The discrepencies are in the fact that you used they as to she in the final analysis.
Did the other students fail too? Or was she the only one to fail?
Post concussion syndrome? If this can be proven then ofcourse she should be allowed to take the test again.
Accept that the test cannot be the same as when she had taken it. And now found out she had concussion.
After the fact is not unjust if it can be proven.
Proof of a straight A student. Proof of attendance. Proof that you can appeal because you can only with the facts and not heresy.
Good Luck
At the time she did not know. If she did she should have informed the testers. Another time could perhaps then be arranged for her to take the test.
2007-12-21 10:46:31 · answer #2 · answered by tonycastillo_21@yahoo.com 2 · 0⤊ 0⤋
Alright. Here's how it works. The school systems usually have separate curriculum programs that can be assigned by parents (I believe). These independent curriculum's are made so that that particular person's disability or disease will not impair their learning. Depending on the severeness of the disability, sometimes some people are assigned aids who follow them around and help them with their work. Sort of like Special Education except different.
2007-12-21 10:29:27 · answer #3 · answered by Robert D 2 · 0⤊ 0⤋
"Can a learning institution fail a student because of a mental impairment" - Well, not because of it. However they can fail a student for not passing the course regardless of the reason for failure.
You do not pass a course for understanding the material at one time, you pass by retaining that information. It would be improper for the learning institution to pass her if she can not pass the tests.
2007-12-21 10:34:11 · answer #4 · answered by davidmi711 7 · 0⤊ 1⤋
There needs to be a statement froma doctor. Then present that statement to the Dean of the department. They will probably throw out the grades but she will still have to repeat the classes and may have to pay to go there another semester to do it.
2007-12-21 10:27:14 · answer #5 · answered by Kristina 3 · 0⤊ 0⤋
yeaah
2007-12-21 10:25:52 · answer #6 · answered by wwe4life1 1 · 0⤊ 0⤋
I don't know.. but that sucks.
2007-12-21 10:28:02 · answer #7 · answered by GOODRICK 1 · 0⤊ 0⤋