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College test on RH



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amother
Sienna


 

Post Wed, Sep 28 2016, 9:17 am
My DH is taking college courses at a public university. His professor has scheduled a test on RH (we're OOT and I doubt this would happen in the tri state area). He told her he couldn't take it because it was RH. She said he could take a zero and drop the grade. I told him he should insist she accommodate him with a make up test. He seems to think this is unreasonable.

I'm sure others have been in this position. What is the recourse?
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BetsyTacy




 
 
    
 

Post Wed, Sep 28 2016, 9:22 am
First check the guidelines of the handbook-do they recognize Rosh Hashanah as a legitimate holiday? If so, there should be guidelines for accomodation. The problem is that the handbook might say that the issue should have been brought up in the beginning of the semester.

Does your husband's school have a Hillel house? They are used to dealing with this issue.
Also reach out to the school's chaplain.
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amother
Amethyst


 

Post Wed, Sep 28 2016, 9:24 am
I'm pretty sure she needs to allow him another opportunity to take the test. If she thinks he is just trying to get extra time let him offer to take it earlier.
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amother
Slategray


 

Post Wed, Sep 28 2016, 9:36 am
amother wrote:
My DH is taking college courses at a public university. His professor has scheduled a test on RH (we're OOT and I doubt this would happen in the tri state area). He told her he couldn't take it because it was RH. She said he could take a zero and drop the grade. I told him he should insist she accommodate him with a make up test. He seems to think this is unreasonable.

I'm sure others have been in this position. What is the recourse?


Have him take this to the college ombudsman, ASAP. As in this second. If they refuse to take action, IMNSHO, have him put it in writing -- Professor Yutzface scheduled an exam for Rosh Hashana. As an Orthodox Jewish student in his class, I am unable to travel, write, etc on that day. Accordingly, I asked for makeup examination. Professor Yutzface refused, and told me that I would have to take a 0 for the exam. I appealed to the ombudsman, who refused to intervene. Get confirmation. Then send that baby off to the ACLU, whatever board it is that runs the college, and your state office of discrimination.

This should not be happening, particularly as a public university.
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amother
Rose


 

Post Wed, Sep 28 2016, 9:48 am
This is from the Agudah. It mentions NY law, but I believe most states have similar laws on the books. Look up relevant state law, and use the sample letter provided. Or contact the Agudah for assitance, the contact info is at the bottom of the quoted text.
Quote:
Unfortunately, not all people are aware that there are clear and strict laws in New York State, among others, which protect students from such discrimination. This professor’s behavior was patently illegal.

With Yom Kippur and Sukkos on the horizon, Agudath Israel’s Legal Services Department would like to publicize this law. If any student has a problem with being forced to violate his/her religious observance, he/she can show this law to the professor or school administration.

Following is the text of the law:

New York Education Law § 224-a. Students Unable Because of Religious Beliefs to Register or Attend Classes on Certain Days

1. No person shall be expelled from or be refused admission as a student to an institution of higher education for the reason that he or she is unable, because of his or her religious beliefs, to register or attend classes or to participate in any examination, study or work requirements on a particular day or days.
2. Any student in an institution of higher education who is unable, because of his or her religious beliefs, to attend classes on a particular day or days shall, because of such absence on the particular day or days, be excused from any examination or any study or work requirements.
3. It shall be the responsibility of the faculty and of the administrative officials of each institution of higher education to make available to each student who is absent from school, because of his or her religious beliefs, an equivalent opportunity to register for classes or make up any examination, study or work requirements which he or she may have missed because of such absence on any particular day or days. No fees of any kind shall be charged by the institution for making available to the said student such equivalent opportunity.
4. If registration, classes, examinations, study or work requirements are held on Friday after four o’clock post meridian or on Saturday, similar or makeup classes, examinations, study or work requirements or opportunity to register shall be made available on other days, where it is possible and practicable to do so. No special fees shall be charged to the student for these classes, examinations, study or work requirements or registration held on other days.
5. In effectuating the provisions of this section, it shall be the duty of the faculty and of the administrative officials of each institution of higher education to exercise the fullest measure of good faith. No adverse or prejudicial effects shall result to any student because of his or her availing himself or herself of the provisions of this section.
6. Any student, who is aggrieved by the alleged failure of any faculty or administrative officials to comply in good faith with the provisions of this section, shall be entitled to maintain an action or proceeding in the supreme court of the county in which such institution of higher education is located for the enforcement of his or her rights under this section.
6-a. It shall be the responsibility of the administrative officials of each institution of higher education to give written notice to students of their rights under this section, informing them that each student who is absent from school, because of his or her religious beliefs, must be given an equivalent opportunity to register for classes or make up any examination, study or work requirements which he or she may have missed because of such absence on any particular day or days.

No fees of any kind shall be charged by the institution for making available to such student such equivalent opportunity.
7. As used in this section, the term “institution of higher education” shall mean any institution of higher education, recognized and approved by the regents of the university of the state of New York, which provides a course of study leading to the granting of a post-secondary degree or diploma. Such term shall not include any institution which is operated, supervised or controlled by a church or by a religious or denominational organization whose educational programs are principally designed for the purpose of training ministers or other religious functionaries or for the purpose of propagating religious doctrines. As used in this section, the term “religious belief” shall mean beliefs associated with any corporation organized and operated exclusively for religious purposes, which is not disqualified for tax exemption under section 501 of the United States Code.

* * * * *

IN ADDITION, following is a SAMPLE LETTER a student can bring to his/her Dean, professors and school administration:

Dear________________________________ :

This letter is in regard to my legal rights as a Sabbath observer, in particular with regard to attending classes and taking exams in an institution of higher education in New York State.

New York Education Law §224-a states clearly that “[a]ny student in an institution of higher education who is unable, because of his or her religious beliefs, to attend classes on a particular day or days shall, because of such absence on the particular day or days, be excused from any examination or any study or work requirements.” The statute goes on to state that it is the responsibility of the faculty of the institution in such cases to make available to such students “an equivalent opportunity” to make up “any examination, study or work requirements which he or she may have missed” due to absences for religious reasons. The full text of Education Law §224 can be found above. Please read it thoroughly to understand your legal rights in this regard.

Accordingly, you are required by law to enable me to pursue my particular course of study and to accommodate my need to be absent on the Sabbath and other Jewish holidays.

If you need further assistance or would like help to clarify the law in another state, please call the Legal Services Department of Agudath Israel of America at212-797-9000 ext. 335. Or email constituentservices@agudathisrael.org.
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Miri7




 
 
    
 

Post Wed, Sep 28 2016, 12:25 pm
I would also recommend informing all professors at the beginning of each term of all of the Jewish holidays. Give them a written list of those dates, or email them. Let them know that you have arranged to get notes from the missed classes and appreciate their efforts to schedule make up tests and exams.

It's especially hard these years when the chagim are Monday- Tuesday.
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debsey




 
 
    
 

Post Wed, Sep 28 2016, 12:36 pm
amother wrote:
My DH is taking college courses at a public university. His professor has scheduled a test on RH (we're OOT and I doubt this would happen in the tri state area). He told her he couldn't take it because it was RH. She said he could take a zero and drop the grade. I told him he should insist she accommodate him with a make up test. He seems to think this is unreasonable.

I'm sure others have been in this position. What is the recourse?


Your DH probably doesn't want to make waves, but there's a difference between aggressive and assertive. Explaining to the teacher that Rosh Hashana is a recognized religious observance day, and that he's happy to take a makeup test or do an assignment instead would be helpful. I would probably say something like "I realize this may be out of your realm of experience, but I'm sure you would not want to cause me a crisis of conscience. I'm confident we can come up with a solution that honors both sides."

Some of what I'm going to say next is a repeat of earlier posts, organized a bit differently.

If she says no, I would contact your Hillel House or the Agudah, as others have mentioned. She may be inadvertently discriminating, or this may be part of a larger pattern of behavior. Either way, it should be handled officially. If nothing else, it will pave the path for other Orthodox students who come after your husband.

When I was in grad school, there was an association of orthodox jewish graduate students. DK if it's still in existence, but they were helpful in terms of providing peer support for me when I had situations like this.

The university should also have an ombudsman, student services organization, or chaplaincy. Any of those offices should be able to assist you.

I get the reluctance to make waves, but I think it's better to be forthright.
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MagentaYenta




 
 
    
 

Post Wed, Sep 28 2016, 1:07 pm
My local public university's office of diversity would publish a list of recognized religious holidays prior to the start of term every year. Instructors were advised that there was a legal obligation to provide accommodation to students for these holidays. It didn't matter if you were a Jew or a Jain or a Muslim or a Sikh.
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