• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

File with OCR or go directly to court ?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

hob111

Junior Member
What is the name of your state (only U.S. law)? Michigan

I am a PhD student at a public university and a teaching assistant -working there as a part timer - (i will be moving to another school next year) and I believe i have been discriminated. I contacted a council that serves our nation, and they ask me to either file with the office of civil rights, or to hire an attorney and lawsuit the university at a court, and in this case they might handle the attorney costs (or most of it). The last allegation act has been earlier than 180 days, so i am good to go to the OCR if i decided to.
I am kind of perplexed of which way to choose ? File with the civil rights, or go directly to the court ? I had many advices; one of them told me that it will be more effective and stronger case for you if you could make it to the court, especially if the civil rights did not accept to take it after reviewing it, so it will be a whole waist of time. Some told me that civil rights is better and shorter in time, and you don't need any attorneys. Others told me that you may get more compensation in the court than if you are filing with civil rights. i am confused, can any one give me a thorough advice here ? I am not a US citizen and i am not familiar with US rules and i don't know which path is shorter in time, and which is safer and more reliable ?
I hope to hear from. Thank you !
 
Last edited:


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Michigan

I am a PhD student at a public university and a teaching assistant -working there as a part timer - (i will be moving to another school next year) and I believe i have been discriminated. I contacted a council that serves our nation, and they ask me to either file with the office of civil rights, or to hire an attorney and lawsuit the university at a court, and in this case they might handle the attorney costs (or most of it). The last allegation act has been earlier than 180 days, so i am good to go to the OCR if i decided to.
I am kind of perplexed of which way to choose ? File with the civil rights, or go directly to the court ? I had many advices; one of them told me that it will be more effective and stronger case for you if you could make it to the court, especially if the civil rights did not accept to take it after reviewing it, so it will be a whole waist of time. Some told me that civil rights is better and shorter in time, and you don't need any attorneys. Others told me that you may get more compensation in the court than if you are filing with civil rights. i am confused, can any one give me a thorough advice here ? I am not a US citizen and i am not familiar with US rules and i don't know which path is shorter in time, and which is safer and more reliable ?
I hope to hear from. Thank you !

In what way have you been discriminated against?
 

hob111

Junior Member
In what way have you been discriminated against?


There are some courses that prepare students for their PhD examination, and all US students were attending these classes without registering. I asked the instructor to attend and listen one of these courses that i need without registering - since the registration period was over - but the instructor refused since i am not registering. As a consequence, I have failed on that exam because of this part of the course that i didn't attend. The same instructor was one of the members of this exam. Another student from the same race and country of mine told me that he asked the same instructor to attend the same class but did not allow him. Recently, i have known that the same instructor approved a US student to attend the class without registering to prepare from the same exam that i was preparing. Do you think this may be a grounding for a discrimination case ? If yes, where to go to OCR or the court directly ?
Looking forward to hearing from you.
 

ShyCat

Senior Member
Sounds more likely to me that there are only a set number of available slots for auditing the class and someone(s) got there first. If you absolutely need the class, register for it.
 

hob111

Junior Member
No, there no limited slots available. Moreover, there were no time for registering the course especially it is not mandatory. US students don't usually register for these classes, but just attending. The point is that the professor allowed US students to attend but not others. I just wanted to know what is the advantage of filing with the department of civil rights over going directly to court ? (assuming i have a good grounding for a lawsuit)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top