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    Ok here is a situation I want to put to you........

    One of my good friends has had to take a year out of University this year due to certain circumstances which happened with her department. She is obviously devastated as she feels that they have been extremely harsh. She had just reached the end of her second year at a university that I can't name, however there have been a few horror stories of other students having major problems. However she has had a truly terrible time with staff, in particular her mentor has said some very unprovoked, harsh things to her, which initially made her unhappy. At the end of the year she received her transcript which said that she had failed units, due to 2 essays not being submitted. She checked with the department that they had been received and they were trying to find out why the marks had not come back as she had posted them the the university. Later she found out they had been lost in postage, which she obviouslt feels terrible about, but they were retrieved and sent to the university, but they would not accept them. Also they wouldn't let her do a resit at the August diet. She is distraught that they would not believe her even when the documents were placed in front of the head of department. What would you do in this situation? Do you think it would be possible to sue?

    Thanks
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    Why on earth didn't she use recorded delivery?
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    (Original post by humpyjack)
    Ok here is a situation I want to put to you........

    One of my good friends has had to take a year out of University this year due to certain circumstances which happened with her department. She is obviously devastated as she feels that they have been extremely harsh. She had just reached the end of her second year at a university that I can't name, however there have been a few horror stories of other students having major problems. However she has had a truly terrible time with staff, in particular her mentor has said some very unprovoked, harsh things to her, which initially made her unhappy. At the end of the year she received her transcript which said that she had failed units, due to 2 essays not being submitted. She checked with the department that they had been received and they were trying to find out why the marks had not come back as she had posted them the the university. Later she found out they had been lost in postage, which she obviouslt feels terrible about, but they were retrieved and sent to the university, but they would not accept them. Also they wouldn't let her do a resit at the August diet. She is distraught that they would not believe her even when the documents were placed in front of the head of department. What would you do in this situation? Do you think it would be possible to sue?

    Thanks
    But of course (not).
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    why were they in the post to begin with, why didn't she hand them in at the uni like anyone else?
    plus I don't think she can sue if the uni was acting within its rights, but there should be some higher academic authority she can appeal to becuase of her circumstances. if there isn't there ought to be
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    Ok, i think your sarcastic comment dosen't help Profesh. Some people make mistakes, but the dept. really are disorganised and it was their fault as well. As for sueing, she already has a case with an educational lawyer so considering you are going to be a Lawyer, you should lose the attitude as I wouldn't want to come near you for a case if that is how you reacted.
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    (Original post by humpyjack)
    Ok, i think your sarcastic comment dosen't help Profesh. Some people make mistakes, but the dept. really are disorganised and it was their fault as well. As for sueing, she already has a case with an educational lawyer so considering you are going to be a Lawyer, you should lose the attitude as I wouldn't want to come near you for a case if that is how you reacted.
    But I'm not a lawyer yet, am I? And nor have I the promise of several thousand pounds' indemnity for my soul. Irrespective as to your considered opinion of the faculty in question, I was given to thinking we already identified fault elsewhere; certainly, at the very least, we exonerated them. Even on the assumption that there is any vestige of a 'case' to be had here (as I shall infer from your post), it will principally regard administrative legality and our notion of 'procedural fairness' (viz. whether or not your friend's University have managed her predicament such as to be in accordance with how the hypothetical 'reasonable man' would be given to interpret any prior stipulation as regards submission of work, mitigating circumstances, et c.); and it suffices for me to say, therefore, that she won't be 'suing' anyone at this stage (unless she turns her attentions to the Post Office): the University have opted to utilise discretion in exercising the prerogative of sympathy, which they are quite within their rights to do, and your friend's claim is as such a weak one.
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    it's common sense to use recorded delivery for essays tbh, then she wouldnt be in this mess. I think suing is a little OTT tbh. I'm sure there's someone you could appeal to higher up.
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    (Original post by humpyjack)
    One of my good friends has had to take a year out of University this year due to certain circumstances which happened with her department. She is obviously devastated as she feels that they have been extremely harsh. She had just reached the end of her second year at a university that I can't name, however there have been a few horror stories of other students having major problems. However she has had a truly terrible time with staff, in particular her mentor has said some very unprovoked, harsh things to her, which initially made her unhappy. At the end of the year she received her transcript which said that she had failed units, due to 2 essays not being submitted. She checked with the department that they had been received and they were trying to find out why the marks had not come back as she had posted them the the university. Later she found out they had been lost in postage, which she obviouslt feels terrible about, but they were retrieved and sent to the university, but they would not accept them. Also they wouldn't let her do a resit at the August diet. She is distraught that they would not believe her even when the documents were placed in front of the head of department. What would you do in this situation? Do you think it would be possible to sue?

    Thanks
    Incidentally, your entire preamble here is manifestly irrelevant to the matter at hand. All I can find it in myself to say is, "so what?"
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    (Original post by Profesh)
    *Law speak*
    Man, i'm glad I never studied Law! :eek: :p:
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    Did she not get a proof of posting to prove they were mailed in good time for the deadline? My faculty allows submission by post so I guess it's not that unusual, but insists on you getting a proof of posting because this is the only proof of submission they will accept if it gets delayed/lost.

    As harsh as it may be, if she didn't have proof then some blame has to be laid at her door and even if the faculty did XYZ to make her year difficult, she failed to submit work in time which is one of the premises of the course and passing it (i.e. that you do the work on time and it passes).

    I'm sure there's a Dean or Chancellor she could appeal to if she think she has genuine grounds to, or even go via the counselling service at uni if the faculty were acting improperly with her. For the most part staff at uni aren't out to hurt people and if they did that to her then something needs to be done about it.
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    If your friend thinks she has been treated unfairly by certain staff at the university then she needs to make a complaint about the individual or department, otherwise theres not much she can do really- has she done this?

    As the others have said, it is not the responsibility of the university if the assignments were lost in the post, it is the responsibility of the student to ensure they are submitted on time, if they are late the university do not have to accept them. Has she thought about submitting an extenuating circumstances claim? That way they might let her re-sit.
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    Bit harsh, but in cases like this and indeed many things in life, what can you actually prove?
 
 
 
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