Can I take legal action against my school?

I'm not sure where to ask this, but I am looking for some guidance from anyone with a legal background. I have accomodations from my college because I have severe ADD coupled with test anxiety. I was administered an exam with the wrong accomodation by mistake. I informed the person working that it was an error and he refused to check the accomodation even after I mentioned it several times. I had a panic attack/ mind racing and failed the exam that I was extremely prepared for. I contacted the school immediately after and they said all they can do is contact the professor asking her to adjust the grade. She emailed me saying she can't adjust my grade since it wouldn't be fair to the rest of the class. This situation has caused me extreme emotional distress and I am not sure what to do. This class is a prereq for my major and this incident drops my class grade by a FULL letter grade. If I had taken the exam according to my accomodations I would have had an A because I knew the material.

Does anyone have any advice on how to handle this? I will have the professor in the future and do not want to get on her bad side. Thank you.


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Most Helpful Guy

  • If there are accommodation procedures in place for your condition, and it's protected by the ADA, and they refused or neglected to adhere to those procedures, and you were harmed by their refusal or neglect, you may well have a case. Many attorneys will do an initial consultation at no charge. This is something that could be likely handled at the administrative level as an "honest oversight" so as to hopefully not alienate the professor. But at that point, a lawsuit is pretty much off the table.

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What Guys Said 5

  • thats crap.. schools usually has a policy for these things in how to proceed. start with the deptment chair, then the dean, u shold be able to file a complaint. in the end if ur stil not happy would take them to court, there are pro bono lawyer. but ur professor should just allow you to retake the exam if he dosent want you to adjust for grade.

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  • If you want to take legal action then contact an entire and contact your school to let them know you have contacted an attorney to take legal action against them for whatever the attorney said to you.

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  • Send a letter to the board, start a petition. Try finding other students who have had this happened. Eventually when they can't ignore you any more things will change.

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  • just write a letter to the board

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  • Talk to your advisor. Plus most people have test anxiety. Perfectly normal

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What Girls Said 3

  • Go to accommodations again and get them to email the professor. It's not your fault. Be LOUD on this issue. I know you can do it!

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    • Yes and talk to your advisor as well.

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    • Haha no I think you had the best advice (talking to accommodations). I'm just tacking on suggestions!

    • @lanternhill and @ anon OP it's never too soon to start collecting a paper trail so you can take it down to their office and show them what a runaround you've already had. Ideally the problem will stop with Accommodations. But if it doesn't then you've got a head start.

      OOO! And don't be afraid to toss around the Americans with Disabilities Act. That straightens people out.

  • If you condition was disclosed and documented prior, I'd say contact a lawyer

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  • Do what you can.

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    • get legal advice first or at least tell the school about your problem before you take the last resort.

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