My son was recruited by Indiana university of Pennsylvania to play division 1 hockey. The would not accept him as a

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Customer: My son was recruited by Indiana university of Pennsylvania to play division 1 hockey. The would not accept him as a student for incoming Fall semester due to his high school grades. He has a learning disability and extreme anxiety which caused him to have a 2.16 gpa and the want a 2.2. They confirmed he could enroll as a non-degree enroll full time and he would be eligible to play. He turned down other schools. He is officially on the team. He has a uniform has been practicing for the past six weeks. When the registrar completed the eligibility form for a CH a division one they stated that he is not matriculated. IUP is stating their definition of matriculation is that you are excepted in enrolled and taking full-time classes. ACHA’s definition is that they have a plied and are currently a full taking full-time classes. Are there any cases where a parent can go after the university for not completing the paperwork correctly and answering the questions on the athletic’s conference form?
JA: Has your son talked to a lawyer about this?
Customer: No. I’ve been doing the research. We just found out Thursday before their first game
JA: What steps has he taken so far?
Customer: The general manager went to the registrars office requesting them to change the form to yes. Even with a letter from the academic advisor confirming he is enrolled full time taking 12 credits and working toward a bachelor of science degree. The registrar said no.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by LegalGems in 9 mins 2 months ago
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Jessica

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Customer
Any updates
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LegalGems, Expert

Welcome! My username is ***** ***** - I've helped thousands of satisfied customers on JA as a licensed attorney.

Legal issues can be confusing so I'll do my best to assist.

It will just take a moment for me to review your question and do the best I can to address your concern!

All information is for general educational information only and a meeting with a local attorney is required to obtain specific legal advice.

Thank you! I look forward to helping you and I hope you will find this site helpful!

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LegalGems, Expert

Oh I am so sorry; so he is not legally matriculated and the school indicated he was?

Customer
No. American collegiate hockey association defines matriculated as they applied and are enrolled full time. We have documentation he did apply is enrolled full-time and accepted into the finance school.
Customer
Here id the eligibility and the reference on the acha eligibility form
Customer
Any updates
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LegalGems, Expert

Thank you; so it is the school that is saying the student does not qualify-and the association is fine with it?

So the school would need to change their definition of matriculation? Does their handbook or policy clearly state this?

Customer
I have included it in the picture about the acha criteria and criteria In the drop down box where it says matriculated
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LegalGems, Expert

It is very difficult to read:
so to be clear, the school defines matriculation as the schedule your son has, as does the organization?

So I'm not sure of the issue?

The registrar made an error and refuses to fix it so it conforms with the school's policy?

Customer
Sorry the school defines matriculated as
Applied and accepted
Enrolled in at least 12 credits working toward a degree.
ACHA defines matriculated as
He applied and is enrolled in at least 12 credit and working toward a bachelors, certificate or diploma.
Customer
This is the form with matriculated definition
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LegalGems, Expert

Ok, so they both agree that he is qualified and it is just the registrar that won't provide the proper statement per the school policy?

Customer
exactly
Customer
Here is the letter from his advisor
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LegalGems, Expert

Thank you; the counselor should be able to get the policy on how to challenge the registrar. As an employee of the school they must comply with the school's policy so they cannot refuse to make the correction to the student's record.

The school can address that issue; if for some reason they don't they can be sued in civil court. 

Generally before suing a public agency such as a school a complaint must be filed with the agency, they can conduct an internal investigation. This probably sounds like a conflict of interest since it is the very agency that one has an issue with that is in the position of being allowed to make a decision in regards ***** ***** agency! Unfortunately that is what qualified immunity means. Typically they will hold either a hearing, or a paper mediation (this depends on the specific rules of that agency) and make a ruling. Then if the issue is not resolved to the individual's satisfaction the matter can be appealed to civil court (the administrative process must be exhausted prior to this). The civil court has ultimate authority and the agency would have to comply with their ruling, including any injunctions. So that is at least good - that the courts do have oversight. That helps protect against the conflict of interest. This explains sovereign immunity: https://info.nicic.gov/nicrp/system/files/027037.pdf

Customer
Thank you. Why would the registrar say no when the ACHA’s definition is different than theirs.
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LegalGems, Expert

I could not say; you would need to address that to the registrar or bring it up when you try the administrative challenge. I am so sorry as I'm sure this is stressful especially for your son and his commitment thus far.

Please let me know if you need further clarification, and know that I will respond as soon as I can; otherwise I certainly wish you the best on this. Thank you for allowing me to assist you today. Should you have futher questions please don't hesitate to reach out to us here at Just Answer. If you request me I will do my best to get you the legal information you need. Here is a direct link for that https://www.justanswer.com/law/expert-legalgems/ If you decide that you need help applying that information to the specific facts of your case, you can contact the state bar for a referral to a lawyer for an in person consult and they can assist with anything beyond the general information the site allows us to provide. And of course feel free to use your membership by asking any questions to experts in our other forums such as AUTO, MEDICAL, VET etc! Our Just Answer Professionals strive to get the requested information in a prompt manner! Thank you, ***** ***** very best to you. If no further questions I certainly wish you and yours a Safe and Prosperous second half of '22! Thank you!

Customer
Thank you so much
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LegalGems, Expert

Thank you and please take care. And GOOD LUCK to your son's academic and athletic career!

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