Expert: Howard Lorenz - 3/20/2009

Question
I'm having a situation at school where an instructor of mine is threatening to drop me from a class due to excessive absences. Each absence is from a drill weekend and therefore legally excusable. I'm having trouble finding out what if any laws there are that can back me up and let this instructor know she has no right to drop me from the class due to missing classes on drill weekends. This situation is becoming very serious and I would appreciate any help you can offer concerning my problem. I have read up on the UAERRA?, about employee/employer rights, but there are no clauses in the act that refer to an educational institution and a student.

Answer
It is unfortunate that your instructor is that much of a idiot that he would not allow these absences. I would be approaching the Dean and seeing what you can do about getting the absences excused. But there is nothing that I can remember where the school is mandated to excuse reserve weekends. Is it possible that you change classes to make sure that your weekends are free?


I would also get my chain of command involved so that they are 1. kept in the loop of the issue you are facing. Especially if Reserve TA is footing the bill. If that is so, I would remind your instructor of who is paying his freakin paycheck and press on.

I do know that if the school receives federal monies, then they are obligated to do certain things.. Your commander is a great source of information. Also talk to the JAG, they may have some information or may be able to go to bat for you. Between your command and the school, they may be able to come to some agreement. If not I would be looking into another school.


H