What if this American professor keeps on treating foreign students, especially Chinese students, unfairly? What if it is you who had experienced the unfairness?
To Email:
Before you decide to file the lawsuit, you may think clearly about what is your loss in this event. If it is only for the unsatisfaction of your grade, you may not have a case of action against the professor. It is hard to claim discrimination because you have a high burden of proof: you need to show you had been discriminated in many events and the professor had the intention to discriminate you. Different States may have different law, but those I mentioned before usually are the basic elements that you need to prove. One unfair decision of your grade is not sufficient to build up your case. Grading student is within the the realm of school policy and is the professor's discretion. Most courts will leave it to the school to solve such problems as long as there is no discrimating pattern against students of a certain race. Of course, if other foreign students have the same experience as you have, then it is another story.
I think it was great that you filed the complaint to the school. We Chinese people have to learn to speak out our feeling. I don't know if the Committee's decision is final. Can you appeal the decision? Also it would be good if you go through the materials that you submitted to the Committee and the professor's counterargument as well, figuring out what made the Committee to make such a decision. You may submit a report to the President, listing your evidence and your rebutal against the Committee's argument. Doing so may not change anything, but it will let the school know that you think the decision is unfair. At least, you will leave a record against that professor.
If you decide to sue, it would be better to consult an attorney first. Let him evaluate your situation: whether there is any statute or case laws supporting your claim; whether you have sufficient evidence, etc.
Anyway, I wish you good luck.
To Email:
Before you decide to file the lawsuit, you may think clearly about what is your loss in this event. If it is only for the unsatisfaction of your grade, you may not have a case of action against the professor. It is hard to claim discrimination because you have a high burden of proof: you need to show you had been discriminated in many events and the professor had the intention to discriminate you. Different States may have different law, but those I mentioned before usually are the basic elements that you need to prove. One unfair decision of your grade is not sufficient to build up your case. Grading student is within the the realm of school policy and is the professor's discretion. Most courts will leave it to the school to solve such problems as long as there is no discrimating pattern against students of a certain race. Of course, if other foreign students have the same experience as you have, then it is another story.
I think it was great that you filed the complaint to the school. We Chinese people have to learn to speak out our feeling. I don't know if the Committee's decision is final. Can you appeal the decision? Also it would be good if you go through the materials that you submitted to the Committee and the professor's counterargument as well, figuring out what made the Committee to make such a decision. You may submit a report to the President, listing your evidence and your rebutal against the Committee's argument. Doing so may not change anything, but it will let the school know that you think the decision is unfair. At least, you will leave a record against that professor.
If you decide to sue, it would be better to consult an attorney first. Let him evaluate your situation: whether there is any statute or case laws supporting your claim; whether you have sufficient evidence, etc.
Anyway, I wish you good luck.
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