Posted on Apr 2, 2020
Can you be removed from your college program due to National Guard activation?
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My wife is a law student and recently found an article regarding another law student in New York who is potentially being removed from their school due to their activation in the National Guard (I believe in response to COVID-19). Some people are rallying to help this individual and I was hoping some of you may be able to give insight on what this persons rights are. One regulation does state that in this law school program, no student may be involved in any type of work or obligation that would hinder their full-time law school requirements. However, I’m fairly certain there are numerous federal and state laws that counteract this. Any clarification/sources/etc would be greatly appreciated. The link to the article is listed below.
https://abovethelaw.com/2020/04/uva-forcing-student-to-withdraw-from-law-school-because-her-national-guard-unit-was-called-up/
https://abovethelaw.com/2020/04/uva-forcing-student-to-withdraw-from-law-school-because-her-national-guard-unit-was-called-up/
College
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Posted 4 y ago
Responses: 10
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The student needs to refer the law school dean, or whoever else is making these decisions, to 20 U.S.C. §1091(c). This is the floor of a student's rights to education if that student is in a reserve component and is either called up to active duty by a state through Title 32, or is required to perform their monthly/yearly drills. The Department of Education is required to enforce the law. Their statutory regulations regarding enforcement of USERRA is at 34 C.F.R. §668.18. Your wife will know how to look up these statutes/regulations and can proceed from there.
As I stated, this is the floor of a student's rights under USERRA and the educational institution. Depending on the state where the student resides, there may be even further rights under state laws. Bottom line, no the student cannot be removed from school due to their activation. They may miss a semester and be required to restart that semester but they cannot be removed for that.
If your wife, or any other student who is protected under USERRA, faces this situation, then it's time to lawyer up. You'd think a law school would know the law, but maybe it takes a lawsuit to get their attention.
As I stated, this is the floor of a student's rights under USERRA and the educational institution. Depending on the state where the student resides, there may be even further rights under state laws. Bottom line, no the student cannot be removed from school due to their activation. They may miss a semester and be required to restart that semester but they cannot be removed for that.
If your wife, or any other student who is protected under USERRA, faces this situation, then it's time to lawyer up. You'd think a law school would know the law, but maybe it takes a lawsuit to get their attention.
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LTC (Join to see)
"You'd think a law school would know the law". I'm sure they do, they're just counting on the student not.....
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Not a lawyer, but I don't think they have the right. My guess is that when she mobilized there will be a JAG type that can help sort it out.
Might add JAG tag on your topic so the JAGs here will answer.
Might add JAG tag on your topic so the JAGs here will answer.
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The student may be required to withdraw from the current semester, but the school is required to readmit the student on his or her return, if the return is within 5 years. It's very similar to USERRA reemployment rights.
In any event, UVA backed down. https://abovethelaw.com/2020/04/uva-grants-waiver-allows-national-guard-student-to-continue-studies/
In any event, UVA backed down. https://abovethelaw.com/2020/04/uva-grants-waiver-allows-national-guard-student-to-continue-studies/
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