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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Can a university kick me out for bad attendance for one semester

Resolved Question:

Can a university kick me out for bad attendance for one semester even if i got a doctors note?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What was the reason for the absence?

Customer: I was dealing with anxiety and depression, there was a death in the family, and a series of bad things just kept happening
Ben Jones :

ok let me get my response ready please

Customer:

just a few details to help...I have told them that I wasn't feeling well in November. On January the 17th my financial sponsors told me that I will be receiving mail from the university for a meeting to discuss my absences, they claim to have emailed me but I never received the email. I have just understood that my email was deactivated on the 16th of January. It seems as if they're trying to kick me out. I have been performing well in class when I do attend and I did well on all my tests. They never tried to call me or email me on my personal email which they have. I have also moved to a location closer to the university and paid a years rent so I can bring up my attendance.

Customer:

I just don't think its fair to throw away my whole future even though I have all the paperwork required and am doing well in class.

Ben Jones :

Sorry to hear about your situation, it does look like they are just kicking you whilst you are down and can’t be a nice feeling. However, it is not actually illegal to remove you from your place at university if you have a doctor’s note. The fact you had an official note does not make you immune from removal unfortunately. The same principle would apply if for example an employee had a doctor’s note and were absent from work – they can still be dismissed even with a note to cover their absence.


 


In your particular case you need to check the specific polies the university has in terms of absence and removal. They should first and foremost follow their own policies in this case.


 


If you wish to challenge their decision then you will need to start a complaint using their internal complaints procedure and take it as far as you can. Once you have exhausted the internal complaints process you may then consider taking your case to the Office of the Independent Adjudicator, which is an independent body that can look at your case and make a binding decision. Their details:


 


http://www.oiahe.org.uk/

Customer:

well their policy states that the meeting must be held

Customer:

and that if i miss it

Customer:

in 10 days they report to the UKBA

Customer:

but technically I was never contacted

Customer:

and when I found out I was getting withdrawn

Customer:

I called them yesterday (when i found out) and i set up a meeting for today

Customer:

and they said theyll see what they can do

Customer:

and then emailed me that the withdrawal stands

Customer:

they even gave me a schedule for this semester in the meeting

Customer:

like they were leading me on

Customer:

like its a game

Ben Jones :

ok so if this meeting has now been held you need to contact hem to ask what the next step is, for example to formally appeal their decision

Customer:

so ill ask them first thing in the morning then

Customer:

any more advice?

Ben Jones :

well if the depression is something that has or was likely to last for more than a year it could amount to disability, so this is another argument you can thrown in - that you were potentially discriminated against because of your disability and that they should have taken that into account before jumping to a decision

Customer:

just since summer unfortunately

Customer:

and the letter says im now fit to study

Customer:

i even promised id attend every day of this semester

Customer:

and that they could kick me out the day im absent

Ben Jones :

ok it is unlikely to be a disability if you have recovered

Customer:

i was unable to be around crowds

Customer:

or be in public

Ben Jones :

so may not be a relevant argument, which means you simply have to pursue the formal complaints procedures to their full extent, remembering that the Adjudicator is an independent body that will take a neutral look at this

Customer:

and i lived far

Customer:

so i had to get on a bus 2 trains and another bus to get to uni last semester

Ben Jones :

I understand but it has to be a condition that has lasted or likely to last for at least a year

Customer:

so my best chances are with the formal appeal

Customer:

and then the oia

Ben Jones :

yes correct, but use the full procedure with the university first

Customer:

alright

Customer:

thank you very much ben

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Ben Jones, UK Lawyer
Category: Law
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