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I was dismissed from a masters program due to failure to meet academic expectations set forth in the clinical portion. I appealed the faculty's decision to the department chair on grounds that I was feeling anxious/depressed and not in the right place..but have since taken care of myself and feel determined to succeed. Since the faculty followed department policy, I was required to appeal to the dean of the college--- I provided documentation from my therapist, and a written appeal. I asked to meet in person, but have just received a letter stating that my appeal was denied and that I have the option of re-applying after one year.
At this point, I am willing to appeal to a higher level in the university. I have a few questions regarding this process:
1) Given the information above, what is the best office to contact? What is best to ask?
2) What are my chances of a successful appeal (realistically)?
3) How could an attorney help me in the process, if it came down to it?
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I've been here, in a way, and I'm going to tell you to put the brakes on.
I was in a university program and ended up failing out because of mental health issues. I spent a few years putting myself back together, presented my case to the department and was denied. I know the kind of white-hot rage that comes with something like that, and the sense of injustice. I'm going to tell you now that they're not wrong.
The university would be putting a lot of work into you, as a graduate student. They need to know that you're going to be okay. While a doctor's note should be enough, they have no proof that you're ready for the pressure again.
Having gone through this a couple of years ago and come out the other side, they are absolutely right. You haven't tested yourself. You'd be going from zero to 100 without any intermediate steps. If I'd tried to go back to school immediately, I would have crashed and burned. Instead, I worked for a few years, overcame a few hiccups and got to a point where I can be back in school (not the same program) and doing well again.
I am just about 99.5% certain that there's nobody else you can go to. At my university, there wasn't, unless it was a civil rights violation, which it wasn't. Bringing in a lawyer is one of the worst things you could do, because it would label you as the litigious person.
Life can go on hold for a little while. It's not the end of the world if you have to put your masters degree off for a bit while you jump through some hoops, or even if you have to switch your life plans around altogether. Unless you're 99 years old with one foot in the grave, you have time. Use this opportunity to make sure that you'll be 100% ready for next year.
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You could ask the student union, or graduate student union your first question. Different universities will be set up differently, and there may not actually be an office to contact. The Dean is pretty high up in the university hierarchy - they report to the president/CEO of the university and/or the provost - so if you want to go over their head, you are likely going to the provost. You would definitely be best to get advice from someone who knows how you particular university works.
Realistically - the chances of success are not good. There really isn't a process for the next level of appeal. The university likely considers the Dean the final say in the matter. Unless you are accusing them of discrimination or some illegal or immoral behavoir, I can't see why any office at the university would overrule them in the matter. You'd probably just get refereed back to the dean.
An attorney could only help you if you are accusing the university, the department, or the dean of discriminating against you, or not acting in accordance with the university's policy. An attorney would need to argue that you are being discriminated against and/or that others in your situation have received different treatment, or that the department didn't follow it's own policy. They can't just argue that you really deserve to be a student and that you'll do better now - That is what your therapist and your own appeal has already told them. An attorney would need a legal argument.
Frankly, if I were in your shoes, I wouldn't want to burn any bridges or make accusations unless I felt they were 100% true. I'd find something productive to do for a year, and then re-apply to this program and others.
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