Education Institutions and Military Orders

2015-09-15T16:42:37-04:00

One of my Soldiers is having problems with one her professors. Here is her exact email to me.

"I had a confrontation with a professor this morning because he isn't letting me make up a quiz that I missed when I was absent on Military orders. I informed him via email that I would be absent and attached my orders the day after I received them. He responded and said it wouldn't be a problem...but apparently it is.

I have scheduled an appointment with the department chair for Thursday afternoon but I can't find a 'military student rights' regulation or anything that states that's illegal. Do you be chance know of any regulation I could print out and have ready to present to the department chair? It would be nice to have something in writing."

Does anyone know if there is an exact law or regulation that this covers?

Response by 1SG Private RallyPoint Member made Sep 15 at 2015 4:52 PM

2015-09-15T16:52:24-04:00

You'll need to get hold of the schools policies. There is no regulation that protects you from the professors grading criteria, or lack of support. School may have a policy that supports your issue about prior notification.

Response by LCDR Private RallyPoint Member made Sep 15 at 2015 4:53 PM

2015-09-15T16:53:40-04:00

It is illegal for him to discriminate against her for being in the military, but not illegal for him to not accept her absence as excused unless that school specifically has a veterans or military liaison office and rules.

I would personally probably write the professor a letter (on command letterhead if possible) explaining the situation and that it was not her fault and an unavoidable absence. ASK (not demand or tell) if he would be willing to let her make up the quiz.

I have run into the exact situation you are talking about and sometimes it worked out and sometimes it didn't unfortunately.

Response by CSM Michael J. Uhlig made Sep 15 at 2015 5:14 PM

2015-09-15T17:14:16-04:00

I know its not the popular thing to do but....assuming it is an online course (if it is an in class course, shame on you for not talking directly to the professor!)......have you tried opening talking to the professor, calling the professor...email is not the most personal way of communicating in this entitled world.

Response by Capt Private RallyPoint Member made Sep 15 at 2015 5:24 PM

2015-09-15T17:24:20-04:00

I assume this does not follow the law that an employer must allow time for military duty.

Response by SGT Jerrold Pesz made Sep 15 at 2015 6:36 PM

2015-09-15T18:36:45-04:00

Many college professors actually hate the military and won't do anything to help you. The only failing grade on my transcript came from missing a final because of military orders and the professor refused to reschedule the exam. He said that anyone who was stupid enough to be in the military didn't deserve any special consideration. I got an incomplete for the course which changed to an F when a year passed without me being able to complete the exam. In those days many professors encouraged students to go to Canada instead of the military.

Response by CMSgt Private RallyPoint Member made Sep 15 at 2015 8:32 PM

2015-09-15T20:32:25-04:00

For your soldier:

I am fairly sure that college/learning institutes are not subject to USERRA guidelines.

I would certainly see if there is a military liaison on campus and utilize his/her advocacy. If not, use their "chain of command". That Professor answers to someone. Go to his Department Head... if no love, go to the Associate VP for Student Affairs... no love, go to Associate Provost for Academic Affairs... and so on... Make it clear that you are simply working towards your education and serving your country.

Remain polite and professional. A knifehand approach will curry no favors here.

Response by SFC Private RallyPoint Member made Sep 15 at 2015 8:53 PM

2015-09-15T20:53:10-04:00

Was your Soldier on drill status or actual orders for something?

I've had to deal with this more than I care to admit to. Couple of COA's that I've done.
A. Call the Prof(which you have been trying to).
B. I've called the Veteran Liason at the school also(best COA with best results)
C. Depending on location I've already gone directly to the school with the Soldier. Is that extreme? I don't feel so. Reason being you can get more accomplished with face to face than by a phone call.

Now what I have learned and continue to tell my Soldiers.
A. Ensure that they turn in a copy of their drill schedule to their Prof(same as civilian employees)
B. Quizzes and tests are usually on a set schedule. If they happen to fall during drill is it that difficult to excuse the Soldier for half a day?
C. Communication is obviously key between the unit leadership and the Soldier-Student.

Here's a prime example we are working thru right now with my PL. he is slotted to go to a military school in Dec. it is the only course taught for the entire year, and he really needs to attend. He also has finals during the first week of the course. I asked him if this will effect him going to the course. He told me no that all he needed was a memo and/or documentation from the unit his prof were more than willing to work with him and let him test prior.

BLUF. There is no Military reg or policy that will help in your situation. Open lines of communication is the key with enough notice for all parites involved