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Wrongfully dismissed in TN (CRIMINAL LAW & PROCEDURE)

Tue, 16 Aug 2005 19:44:00 GMT

I am a student who is 9 months from completion of a program in allied health. Our program instructors suddenly(july 29) informed us that we would have to undergo background checks to continue into our fall semester. According to state code, chapter 1540-1-2 item 5, "full time students should have areasonable expectation to complete programs as printed in the institutional catalog at the time of enrollment". (Authority: TCA ss49-7-2002, 49-7-2006) There was nothing, and still is nothing about background checks, even program specific. The Dean of Allied Health said that the school makes their catalog ambiguous enough to allow for the rules to change after the student is enrolled. By the way, I have documentation of all requirements. Also, more than a week after the background checks were required, ( 10 days) we then recieved the paramaters which would cause dismissal. They did not disclose this before we did the check, nor within 5 days of (my) written request for the paramaters. These paramaters state that any misdemeanor of any kind will prevent our contiuing in the program. If you need more details, ask.
Help, my appeal hearing is Thursday, and classes start next week.
Thanks!

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  • Tue, 30 Aug 2005 10:06:00 GMT(1)
  • I think I answered this before. If you are at a public school, you can argue that you have a property interest in your degree and at time of entry into program complied with all requirements, so expect to be abl to continue to graduate. Private school- see your appeals processes booklet. Basically, hard to say since this may be related to a state licensure requirement. You need to do some research and if at a private school, you may need to go to a public school where they cannot drop you like that as you have rights that you can get enforced in courts and even via your state representatives. Good luck and consult local counsel if you can.
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