College Proper in Suspension for Student's Altercation, Says Court
by
Joseph C. Maya on Apr. 28, 2017
Other Education Civil & Human Rights Constitutional Law Civil & Human Rights Civil Rights
Summary: Blog post about a student claiming his due process rights were violated by his university when he was suspended following an altercation.
If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .
In the case of Gologner v. Three Rivers Community Tech. College, a student requested a preliminary injunction to prohibit a college from denying him the ability to attend classes. In law, an injunction is a court order that keeps a person or organization from beginning or continuing an action threatening or invading the rights of another. An injunction can also be used to compel a party to carry out a specific action. In this case, the student was involved in an altercation with another student when the college suspended him without a hearing. After due hearing, the college president upheld the suspension. The student requests a court injunction because his due process and right to counsel were violated.
The court denied the student’s motion for a preliminary injunction because he failed to demonstrate the merits and likelihood of his case’s success at trial. As the record indicates, the student was adequately informed of the charges against him and given a hearing, which afforded a due process right to set forth his defense before the college upheld a decision to suspend him. The student’s altercation posed a threat to other students and to the general welfare of the college, and legitimized the college’s preemptive suspension before the actual hearing.
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Golodner v. Three Rivers Community Tech. College, 1999 Conn. Super. LEXIS 190 (Conn. Super Ct. Jan 25, 1999)
