Your case is very complicated, but I think you need to consult atterney to decide what legal statue you need to prosecute the professor or maybe the school.
here are some suggestions that you can start with.
under the American Constitution 14th Amendments, higher education law Title VI and Title IX and : "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
" see http://www.usdoj.gov/crt/cor/coord/vimanual.htm
you can sue the professor or the school eather under the 14th Amendments of the Amerncan Constitution, or Title IV against the professor or Title IX against the School.
although you are not, i suppose, an american citizen, you still are protected by the consitutions and statues. the reason is this: if you break the laws and violations, you are entitled to any punishment that stipulated, and if you are abused, you still will be protected by the law. that is what the people say that amenrican constitutions and statues are "color-blinded"
the most important thing is you need to collect evidence to prove that the professor or the school or both are taking different steps when dealing with the same thing. for example, the same thing happend on a white student, and the professor, the department and the school were taking different measures or came to different decision. then you can say that they discriminate against you for you are a Asian. if you are a female, and the same thing happened on a male student and the professor and the department and the school have different measures, step and decision, you still sue them for discrimination. and if you are a male student, you still can do that if the school treat female student better than male. the key point is you need to categorize yourself first: male, female, Asian or white. then you need to find out whether the school does different things on the same matter, then you might have better chance to win the game.
I know you are talking about whether to sue the professor faking the exam record. i think that would be difficult to find out, because you cannot investigate whether the professor did that or not. in the US, professors have a lot of autonomy and academic freedom and administration cannot investigate that. what i am suggesting is you take the discrimination charge and bring it to the atterney and ask him to bring the issue to the school. even if the professor is found faking the record, the professor himself will get punished such as getting fired and the department and the school will not get burned. if they will not get burned, they would not be very afraid and will not show much enthusiasm to take care of you.
i think the final result you are expecting is not necessarily to bring it to the court. you might, i guess, get the school to have a committee to investigate the issue again, and maybe get the professor fired. but i doubt whether you could win the the sue against the school. but i still believe even if you only want to get the professor fired and the record corrected, you need to step furthur to bring the department and the school under the threat of prosecution, then you might be able to get what you want.
I have been reading a lot of cases on such discrimination, and you need to collect evidence (the school documents should be public)and give the school a real threat. by the way, you need act like an american, do worry about they will avenge you. if they do, they will get into bigger trouble.
Note: this is very important. if your college is a private college and do not receive fund from the federal government, you cannot sue them under the Title IX. you can only use 14th Amendments and Title IV
大家看看我有希望告贏學校嗎? Try this
所有跟帖:
• I mean don,t worry avenge u -Chinese_A8- ♀ (0 bytes) () 07/18/2004 postreply 10:38:43
• Yes,discrimination is an issue -Michelle74- ♀ (383 bytes) () 07/18/2004 postreply 10:53:40
• 回複:Yes,discrimination is an issue -Chinese_A8- ♀ (664 bytes) () 07/18/2004 postreply 13:01:15
• 回複:回複:Yes,discrimination is an issue -basement- ♀ (210 bytes) () 07/18/2004 postreply 15:39:26
• 謝謝,我能向你請教一些問題嗎? -email- ♀ (1500 bytes) () 07/20/2004 postreply 11:54:17