The Bach Law Firm, LLCThe Bach Law Firm, LLC2024-01-11T17:13:59Zhttps://www.bachlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1604494/2022/11/cropped-BLF-site-icon-32x32.jpgOn Behalf of The Bach Law Firm, LLChttps://www.bachlawfirm.com/?p=482332024-01-08T07:16:27Z2024-01-08T07:06:00Z
Questions concerning due process often come up when student dismissal is discussed. Exactly what is due process? Did the student receive due process before being dismissed from the program? What steps are deemed “enough” due process? Are students at private institutions guaranteed due process? We’ll address below these common questions and concerns.
Medical school is tough enough so if you find yourself in a situation where due process is needed, reach out to us. We’re experienced in education law.
What is due process?
To be exact, the term is due process of law. It’s usually shortened to due process, but as the longer phrase hints, due process is about a citizen’s protection under the law. The term refers to the safeguards in place that protect a person from actions by the state government (according to the 14th Amendment to the U.S. Constitution) or the federal government (the 5th Amendment).
For individuals attending medical schools, it’s been argued in the court systems that students facing dismissal have the right to due process. The 14th Amendment says that no state can make or enforce laws that take away the rights of U.S. citizens. Also, it declares that no state can take a person’s life, freedom, or property without following the proper legal procedures. With medical education institutions often being state schools, many courts have upheld the view that students have the right to due process when facing dismissal or sanctions.
Public colleges and universities are required to provide due process to students and faculty. The same is not true at private schools. Due process is guaranteed under constitutional law, which means it applies to schools operated by federal, state, and local governments.
What does due process entail?
First, it’s important to know the two parts of due process – procedural and substantive. Procedural, like the word hints, refers to procedures or processes. If a student is about to lose their freedom (to attend school), the most basic procedures include notification of possible dismissal and a hearing for the student to refute evidence and present their own of innocence.
Substantive is related to the substance of an accusation. In other words, the school’s decision for dismissal or sanctions should not be unfair or arbitrary or on a whim. There should be a legitimate concern about the student’s performance.
For a public medical school, the most basic level of due process begins by following the rules and regulations written in the school’s policies. It’s in policies that procedural steps for disciplining a student and the substantive considerations for what’s deemed an issue or concern are outlined.
(So as a student, read school policies thoroughly. Know what is in the Student Code of Conduct and in a course syllabus. Schools are required to follow them when levying sanctions and possible dismissal.)
How much due process is required?
About the question – how much due process is owed to a student – schools (and courts if a case is litigated) look at the type of dismissal or sanction being levied.
Current court decisions give education institutions more leniency with due process if the dismissal is of academic nature. In the U.S. Supreme Court’s decisions in the Horowitz and Ewing cases, it was determined that courts are not well-suited to assess academic performance, especially when it’s a purely academic decision. Courts don’t have the professional expertise to evaluate the academic qualities suitable for fields like medicine.
The same is not true, though, for disciplinary actions. For medical students, professionalism violations are the most common causes for disciplinary dismissal. Courts have set the precedence that students facing disciplinary sanctions have the expectation of full due process under the law. From notification to an initial hearing to an appeal to lawyer assistance along the way, students at public universities have these rights.
Also note, all medical schools – undergraduate and graduate – should have policies for due process. It’s an accreditation standard. This requirement for accreditation came about because students have litigated their dismissals, both for academic and for professional reasons. Schools and accreditation boards recognize the importance of due process – both for the protection of the student and school.
The Education Litigation Group Specializes in Difficult Cases
At the Education Litigation Group, we’re a team of seasoned professionals who know education law. If you find yourself questioning your right to due process, contact us. While due process is a simple principle, it can be confusing in the follow through.]]>On Behalf of The Bach Law Firm, LLChttps://www.bachlawfirm.com/?p=482322024-01-08T07:14:34Z2024-01-08T07:03:56Z
In some instances, medical students are not granted accommodations after disclosing their disabilities to schools. Accommodations allow every student, regardless of their unique needs, to have an opportunity to thrive. The unfortunate reality, though, is that some students, after disclosing their disabilities, face roadblocks to their educational goals. This article sheds a light on the issue in hopes that students and school administrators become more informed about accommodations.
What are Accommodations
Accommodations are tools and strategies that bridge the gap for students with disabilities, giving them a chance to succeed in educational settings. Accommodations don’t change the learning objectives but gives students with disabilities opportunities to demonstrate their knowledge. Examples include extended time on exams, accessible materials like a powerful magnifying glass or a large print textbook for those with visual impairments, or extended patient care training for those with processing issues or physical impairments.
Disclosure is the First Step for Accommodations
Before receiving accommodations, students in postsecondary institutions must disclose their disabilities to the school’s Office of Disability Services. Notice, this is not done during the application process or at the admissions office. (And as a student, if you don’t see an office of disability services, look for an office title with words like accommodations, access, or equity.)
This disclosure step is quite different than in elementary and high schools where the responsibility for disclosure falls to the educators, administrators and even parents. In secondary settings, meetings before the school year begins (and throughout the year if needed) are held to pass on student information regarding their disabilities to the next term’s teachers and to discuss student progress among teachers and parents. College policies are much different, though.
Legal Protections and Self-Advocacy
Legally, accommodations in medical schools and in other postsecondary settings are mandated by federal civil rights laws - the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.
But as we stated above, responsibility for seeking accommodations falls to you, the student. Advocacy involves not only knowing your rights but actively engaging with your school to ensure those rights are respected. Self-advocacy is a must!
Denial of Accommodations
Unfortunately, though, disclosure of a disability and self-advocating do not guarantee accommodations for college students. For example, in a 2022 study regarding the U.S. Medical Licensing Exam (USMLE) Step 1, researchers surveyed around 80 schools and found that 50% of the students with disabilities who registered for the test that semester were denied accommodations for it. Of those denied, about 35% failed the exam, and a small number were dismissed from their medical programs altogether. Denial of accommodations can have serious, life-altering consequences.
What the Courts Say about Accommodations
Some accommodation cases have been litigated, and like with most legal cases, the decisions are based on the specific situations. There’s no “one size fits all” decision.
In the case Dean vs. University at Buffalo School of Medical & Biomedical Sciences, a student battling depression asked for extended time off from school for his medication to stabilize, allowing him to properly prepare for an exam. The school denied his request, and the student sued. After going to trial, the court ruled that the school didn't show careful consideration for the student's request, which would’ve let him stay in the medical program while not causing undue burden to the school.
In the instance above, the court sided with the student. Yet, medical education institutions are not required to grant all requests and especially if requests change the learning expectations. (Modifications, which are changes to learning requirements, are not given in postsecondary settings. They may be in elementary and high schools, though.) In Powell vs. National Board of Medical Examiners, the same court as above decided that a medical school didn't break the law when it required a student with a disability to pass a specific exam on the third attempt, like all students are expected to. The court sided with the school's reason for not allowing a fourth attempt, ruling it as a change to a program requirement and, thus, not an accommodation.
If You’re Denied Accommodations…
If you’re a medical student with a disability, first, follow your school’s protocol. Disclose your disability at the Office of Disability Services and openly speak with teachers about your needs. But also, contact the Education Litigation Group if you’re denied reasonable accommodations. You have rights as a student under federal laws.
Accommodations are more than mere conveniences for students with disabilities; they are about recognizing the diverse needs of every student and ensuring that each can contribute their unique talents. Despite legal safeguards, a troubling pattern of denial of accommodations continues, and we want to eradicate this pattern. If you need help, contact us.]]>On Behalf of The Bach Law Firm, LLChttps://www.bachlawfirm.com/?p=482292023-10-02T15:14:51Z2023-10-02T15:14:51Z1. Ponzi schemes
Named after Charles Ponzi, who became notorious in the early 20th century, Ponzi schemes revolve around the promise of high returns with little to no risk. The fraudsters behind these schemes use funds from newer investors to pay returns to earlier investors. These systems inevitably collapse when the flow of new funds stops, or too many participants try to cash out their investments.
2. Embezzlement
Embezzlement occurs when someone misappropriates funds that a company entrusted to them. This type of fraud often happens within corporations where employees divert company funds for personal use. From manipulating financial records to creating phantom employees, there are numerous methods embezzlers use to deceive and steal.
3. False invoicing
With false invoicing, businesses receive invoices for goods or services they never ordered or received. Fraudsters hope that companies will overlook these false invoices and pay them without verifying.
4. Insider trading
Insider trading is when individuals trade a company's stock based on confidential information not available to the public. These individuals might be employees or close associates who have access to important information, and they use this knowledge to make advantageous trades before the information goes public.
5. Misrepresentation in financial statements
Sometimes, companies might present false information in their financial statements to appear more attractive to investors. They might inflate their earnings, underreport liabilities or use various other deceptive practices to paint a rosier picture of their financial health.
Remember, always do your due diligence, ask questions and be skeptical if something seems too good to be true. In the world of business, knowledge is your best defense against deceit and deception. Stay informed and remain vigilant to ensure that you do not fall victim to these nefarious schemes.]]>On Behalf of The Bach Law Firm, LLChttps://www.bachlawfirm.com/?p=482172023-06-30T01:18:19Z2023-06-30T01:18:19ZHow Nevada's laws combat bullying
Nevada enforces strict anti-bullying laws to ensure student safety. Schools must create and enforce a policy that explicitly prohibits bullying and any retaliation for reporting such incidents. Schools must appoint a safety team that addresses any reported bullying. If your child faces bullying and the school does not act according to these mandates, there is a possibility of holding the school accountable for its negligence in enforcing the law.
Determining negligence
Establishing school liability usually involves proving negligence on their part. This involves demonstrating that the school had an obligation to protect your child, failed to fulfill this duty and your child suffered harm as a result. Furthermore, you must also prove that the school's failure led directly to this harm. For example, if the school did not enforce its own bullying policy or failed to take reasonable steps to protect your child after learning about the bullying, it can indicate negligence.
Steps to take
If you believe that the school hasn't done enough to prevent bullying, remember to document everything. Record all interactions with school officials and any actions they take or do not take. If the bullying persists, these records can serve as evidence of the school's knowledge of the situation and lack of appropriate action.
As a parent, your main concern is the safety and well-being of your child, and schools should be equally invested in that responsibility. If they fail to uphold their duty, you possess the right to demand accountability and push for change.]]>On Behalf of The Bach Law Firm, LLChttps://www.bachlawfirm.com/?p=482142023-03-27T20:09:16Z2023-03-27T19:19:55Zbreach of contract occurs.
Calculate your damages
Your first task should include determining how much the breach has cost you. Include payments you made, lost revenue and expenses.
Contact the breaching party
It is always best to open the lines of communication when you experience a breach. Your counterpart may have misread, misunderstood or made an honest mistake that resulted in breaking the contract terms. In addition, the breaching party may have extenuating circumstances, such as a delay in getting a supply they need to fulfill your order.
In the future, consider regularly contacting your counterparts and reviewing your contracts. During these meetings, you can review necessary changes, address potential issues and make sure you are all on the same page.
Consider arbitration or mediation
If you cannot resolve the contract breach, you may pursue a settlement through arbitration or mediation. In both cases, you both state your cases. However, a mediator guides productive conversation, while an arbitrator determines a legally binding outcome You may receive a settlement or contract adjustment.
Pursue litigation
If your damages are significant, you may pursue litigation immediately or after other options have failed. Consider your past relationship with the breaching party. Gather your evidence and check the statute of limitations. Prepare to defend your position and possibly lose the business relationship.
To get the best resolution to your breach, treat your counterpart with respect and fairness.]]>On Behalf of The Bach Law Firm, LLChttps://www.bachlawfirm.com/?p=481682023-03-27T20:09:06Z2022-12-29T23:36:53ZRead the state and school rules
Consult Nevada’s disciplinary handbook. Having a good idea about what the state can do is a powerful tool, and you might realize the school has not followed the procedure. Additionally, you should read the student handbook. Either download one from your school’s website or request one.
Attend the disciplinary meeting
The school will most likely contact you and request a meeting to explain their reasons for expulsion. At this point, they most likely did not make an official decision. Make sure you attend the conference and remain calm. Ask questions and take notes on any crucial details or dates. Your questions might include what your child did, how it meets expulsion standards and how they know your child committed the act.
Schools rely on expulsion as a last resort. However, specific actions by your child might count as grounds for immediate removal. According to the Nevada School Discipline Laws and Regulations, students found possessing a firearm are subject to one year of expulsion from school. However, you do have alternative education options. Consult with the school and the Nevada education board to learn your options.
Children make mistakes, some more serious than others. The threat of expulsion is a significant setback, but it does not have to mean your child will never recover.]]>