Dismissed From School For Theft, Can I Sue To Be Readmitted?

[barrysanders]

Hello, I was in enrolled in a pre-professional program in Florida and was unfortunately dismissed from the program for theft. After class one day, I was called into the Dean's office and he showed me a video of someone stealing materials from a study room. He claimed the individual was me and dismissed me for theft on the spot. I was not allowed to explain myself, ask questions or offer him proof that the individual in the tape was not me. They claimed that the crime occurred before I was a student at the school and also did not have me searched so of course no of the stolen items were found on me.

I know very little about the legal system in Florida so I was wondering if I got a good lawyer and sued for false dismissal, what chances would I have of getting readmitted in to the program? How much weight does video evidence hold if they did not find any of the stolen items in my possession? Any help from anybody would be greatly appreciated.

 

[cbg]

You posted this in the employment law section but you appear to be talking about a situation where you were a student. Were you employed by this program or were you a student of the program?

 

[barrysanders]

You posted this in the employment law section but you appear to be talking about a situation where you were a student. Were you employed by this program or were you a student of the program?

I was a student. I posted in this section because I view it as wrongful termination. I apologize if I posted in the wrong forum. Any input would be appreciated.

 

[cbg]

A wrongful termination does not mean that it was for something you didn't do; it means it was for a reason prohibited by law. What law do you think was violated by your dismissal?

 

[barrysanders]

A wrongful termination does not mean that it was for something you didn't do; it means it was for a reason prohibited by law. What law do you think was violated by your dismissal?

Thanks again for your reply. If what you state is correct, then I guess a law was not violated. Do you still believe it is plausible that I sue for readmission in to the program given that I was dismissed for a theft that I did not commit which only entails video evidence that they claim is me?

 

[CdwJava]

I don't know that you have any grounds to sue the program, but, they may very well have an appeal process in place that you can take advantage of. Look into that and act on it if you can. If this program was through a community college or other public institution, there is almost certainly an appeal process. If it is a private program, well, that would probably be a contractual issue and you'd have to look into whatever agreements were signed and agreed upon between you and the program.

Ultimately, it might be cheaper to try for another program than spend thousands of dollars on an attorney to try and regain admission.

 

[cbg]

What do you mean, do I still believe? I never said I believed you could sue. I DON'T believe you have grounds to sue.

 

[barrysanders]

What do you mean, do I still believe? I never said I believed you could sue. I DON'T believe you have grounds to sue.

I apologize for the poor wording of my sentence. I was asking if it was still possible to sue given that a law was not necessarily broken. Do you believe that it would be worthwhile to consult with an attorney regarding my situation or is getting back in the program probably a futile endeavor?

 

[barrysanders]

I don't know that you have any grounds to sue the program, but, they may very well have an appeal process in place that you can take advantage of. Look into that and act on it if you can. If this program was through a community college or other public institution, there is almost certainly an appeal process. If it is a private program, well, that would probably be a contractual issue and you'd have to look into whatever agreements were signed and agreed upon between you and the program.

Ultimately, it might be cheaper to try for another program than spend thousands of dollars on an attorney to try and regain admission.

Thank you for your reply. Following the dismissal, I emailed the necessary individuals who attempt to appeal but received no reply. I believe that it is a private program and recall signing an honor code document that forbade stealing. However, I signed the document in December and the Dean told me that the theft occurred in November. Does this present any legal loophole? This is a unique program and I am willing to spend thousands of dollars even if I have a small chance of regaining admission. Do you believe that it would be worth my time to consult with an attorney regarding the situation?

 

[eerelations]

So stealing was OK before you signed the honour code?

That said, I don't think it would be worth your while to sue. But if you do decide to consult with an attorney, make sure you have said attorney spell out the probable costs upfront (because said lawsuit will cost many thousands of dollars, not just thousands of dollars) + your chances of winning (not just low, but very low).