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Mohini Pandey   08 September 2024

Expelled from university

My neighbor’s son, Rohit, was expelled from university following an incident in class where he lost his temper during a debate and used inappropriate language toward a professor. This was the first time Rohit had ever been involved in any kind of disciplinary issue. Known for being a responsible and hardworking student, he had maintained a clean record throughout his time at the university. The incident itself, while disrespectful, was brief and did not escalate into any physical confrontation.

The university, however, chose to enforce its strict zero-tolerance policy on misconduct and expelled Rohit without considering the fact that this was his first offense and he had no prior history of misbehavior. Rohit feels the expulsion is an excessive punishment for what he sees as a minor incident, especially given his otherwise excellent academic standing. He believes that a warning or suspension would have been a more appropriate consequence. Rohit now plans to challenge the university’s decision in court, arguing that the punishment is disproportionate.

What can be done in this case, and how do they proceed with this matter further? How can the student demonstrate that the university's response was disproportionate, and what kind of legal relief might the court grant in such cases?



Learning

 2 Replies

Saloni Pande   08 September 2024

To challenge the university’s decision Rohit should first go through the disciplinary policies and procedures of the university so that it can help him understand the grounds on which he has been expelled. For disciplinary action most university have an appeal process where they can clearly sate their case and give record of their context. Emphasis should be given that this was a first time offence and more of a proportionate punishment should be given. He should gather information that shows his good behaviour and performance in academic aspect from his classmates and professor. Including the mitigating factors like stress or provocation can be documented. If the above appeal goes unsuccessful the can file a petition with the appropriate court. Where he can challenge challenge the decision of the university.

To demonstrate the disproportionate response the following can be considered  

In Rohit’s entire academic career it was the first time when he was held for such a disciplinary issue. His reputation as a good student has to be highlighted and his clean disciplinary record needs to be proved. This could prove that the expulsion was an overreaction. It can be argued that while the incident being inappropriate was bried but did not escalate into any physical confrontation. A comparision  can be made where the expulsion was necessary to show that the punishment was excessive.  Long-term consequence can be taken into consideration by the court for the punishment as the expulsion will severely impact Rohit’s future, including his academic and career prospect.

There may be that court may grant the order to reinstate Rohit and allow him to continue his studies. In such a case this a primary type of relief sought.  To impose a lesser punishment the court may direct the university to give suspension or probation instead of expulsion. Due  to the expulsion in some cases the court may award compensation such as lost tuition fees or emotional distress for any damages suffered. The disciplinary policies of the university may be directed by the court to review or revise.  

 

 

 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 September 2024

What Rohit given a chance to realise his gravity of the offence and given a chance to mitigate the same?  For instance he could have been called by the Principal and he could have apologised before the Principal and/or before the Professor. He can still crave for indulgence and if everything fails finally go to court. Sometimes there will be political background for such incidents.


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