Expert: Cynthia Bedell - 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
Dear Scott --

Unfortunately, you are not really covered by a law on this issue.  Generally, you would be expected to take classes Monday through Friday, so you would not have a conflict with drill.  Since you are taking weekend classes the situation is less clear.  Most, but not all, teachers will allow you to make up the work you missed for military drill or training.  You might have to present them with a letter from your commanding officer indicating which dates you have drill and that you were, in fact, at drill.

You should also have arranged with your teacher, ahead of time, for the dates you would be absent.  Showing up at the next class and saying "oh, sorry I had drill." is not they way to ask to be excused.

If this teacher refuses to work with you on this issue, you should get a letter from your commander concerning your drill schedule and attendance, and take it to the Dean for Student Affairs, or the Academic Dean for your department and ask them to intervene on your behalf.

Good luck resolving this issue.  Please write back, if you have additional questions.