Posted on 10/24/2007 9:51:43 AM PDT by Disturbin
AMHERST - University of Massachusetts student Brian C. Marquis may have to settle for the "C" he received in a philosophy course.
A judge in U.S. District Court, Springfield, has determined Marquis failed in his effort to prove grounds for a civil rights case against the university over the letter grade he contended didn't match the numerical rating he'd received.
Marquis sued the university last winter, claiming UMass officials violated his rights. The lawsuit was dismissed recently by Judge Michael A. Ponsor, but Marquis says he might not be finished.
"Grades are very serious, and they should be taken seriously as far as I'm concerned," said Marquis, a 51-year-old registered paralegal from Lanesboro, who hopes to graduate next year.
The lawsuit charged UMass with 15 counts, including breach of contract and violation of the First Amendment. The dispute began in January when Marquis received a "C" in Philosophy 161: Problems in Social Thought.
Since his numerical total for the semester was 84, Marquis claimed in his suit that it didn't make sense for him to receive a "C" in the course. In his complaint, Marquis also argued that his numerical grade was in fact a 92.1, not an 84.
Shortly after receiving the "C" grade, Marquis contacted Jeremy D. Cushing, the teaching assistant who taught the course and graded Marquis, according to court documents.
Cushing responded to Marquis' concerns in an e-mail: "I set a curve (or, more accurately, I drew up a new grade scale). I thought your grade was a good reflection of your work," the lawsuit states.
Marquis also brought his complaint to Catharine C. Porter, the university ombudsman, the suit stated. After reviewing the objection, Porter concluded in an e-mail to Marquis that "there were no grounds for an academic grievance."
Fed up with his low grade, Marquis filed his lawsuit on Jan. 30. Porter was named as a defendant in the lawsuit, along with several other university officials.
Porter stated in an e-mail interview that she stands by her initial findings, stating, "Marquis was fairly treated by the university and was offered the opportunity to appeal his grade through the formal academic grievance process, which he refused."
After the university filed a motion to dismiss the case, Marquis said he made "numerous" attempts to settle with the university, but that they "categorically rejected all settle demands."
At a summary judgment hearing in federal district court in September, Ponsor made his ruling to dismiss the suit.
Phillip Bricker, the Philosophy Department head, said he's glad the dispute is resolved. Bricker said he believed Marquis was treated fairly.
"The issue in this course was whether the number that had been given on tests had some absolute meaning," said Bricker. "The instructor made it clear that the numbers didn't have that meaning."
Bricker added that a case like this one is "very rare" and thinks "it's not really the sort of thing that should be decided by the courts."
Although the case was dismissed, Marquis said he's seriously considering refiling the lawsuit under a different statute.
"I like the university, and it certainly has a place in our society," said Marquis. "But their grading system is seriously flawed."
Aside from getting his grade changed to an "A-," Marquis wanted UMass to implement a universal grade scale. Under such a scale, an 84, for example, would automatically translate to a "B," regardless of what the instructor decides to do.
Maybe that IS his retirement plan. I can think of worse ways to make a living than drawing up a few wills and reviewing paperwork related to home sales. Actually, that seems like a pretty good way to spend my retirement.
How generous of him. The university was founded in 1863, almost a century before this guy was born, but finally the faculty and administrators can feel good about themselves, now they have gotten his stamp of approval.
The prof said all each group would recieve the same letter grade for the project.
Three of us did the work, one did nothing.
We complained, prof said “life’s not fair. Get used to it.”
End of semester, three of us got A’s. One got an F.
As you’d expect, the slacker threw a fit.
The great professor said “life’s not fair. Get used to it.”
Talk about lessons learned!
I wasn't even close, so it was a short interview. :-)
Every single other place (dozens, since I've gotten out of school) just wants to know if I have a degree. That's it. If I had known how very little a GPA matters in the real world, I'd have paid even less attention to it.
Maybe academia is different, or maybe GPA matters in other disciplines, but not in Engineering/IT/Tech-work.
The prof said all IN each group would recieve the same letter grade for the project.
I'm pretty sure that all of my profs were up front on their grading. Even if it didn't make any sense....
I had one doozy who, on tests, would start at '0', add points for correct answers, take points away for incorrect answers, and then put the whole thing on a curve (-10 to -7 a 'D', -6 to -2 a 'C' and so forth). Conceivably on some tests, one could turn in a blank sheet of paper with your name on it and expect an 'A'. No one had the stones to try it, though.
Damned public schools dumbing down America, 84 was NEVER EVER a B in any school I attended, that was always C. 93-100 A, 86-92 B, 78-85 C, 70-77 D, 69 and under FAIL.
I know this guy is talking college, where curves are part of the game. Many courses are on a curve, and many advanced/speciality course they divy up grades completely irrellevant to your mathematical grade... IE Grades are related to class rank.. top 20% A, next B, next C, next D, Next FAIL... so you could theoretically wind up with a 95% and still get a failing grade if 80% of the class had an overall grade for you.
I don't know what this guys issue is, if he doesn't like it, retake the class and get a better grade and it gets removed from your GPA.
An 84 is a C in any traditional grading system, see my previous post.. only in the dumbed down public school system is an 84 ever considered a B.
giving civil rights new meaning.
Every school I was in during my elementary and high school years (1958 - 1970) the grading was A = 90 - 100, B = 80 - 89, C = 70 - 79, D = 60 - 69, E/F = 0 - 59.
I never ever was in a school where the scale was not as I posted. Wasn’t in public schools either. The idea a 60 is a passing grade is just sad and pathetic.
For the record my Son is currently in elementary school, and the grading scale there is the same one I grew up with. 69 or less = fail.
I would never even consider putting my child in a school where being wrong 40% of the time is considered passing, and 30% of the time is considered “average”.
As for me, I don’t agree with what the grad student did. Sure, it was probably technically “legal”, but not “right” in my book.
For me, if I ever alter the grading on an assignment it is always to favor/help the few who are really close to getting a better grade. Once I have set out my grading scale, that’s what I go with. I wouldn’t consider shafting people after the fact. That’s why we prepare the course and syllabus beforehand, at least in a perfect world.
I suspect our young grad student in this case got a little full of himself and decided to alter the grades. True, while this may be legal, it’s a crappy way to treat people who have done what you have asked of them. If the grad student thought the students enrolled in his class received too many high grades, well, that’s his problem as a teacher.
Perhaps he should reexamine how he constructed his course, reexamine how he grades, etc.
We’ve all had those classes where the bell curve is lopsided one way or another. That’s not your kids fault, that’s your fault as the prof. Whenever I get irritated I always try to remember what it would be like for me as the student. Be honest and fair with them and you’ll be amazed!
One problem may be that not all grad students should be teaching. Sure, it’s a way to save the uni bucks and get young folks practical experience, but it can blow up in your face. I’ve personally watched grad students berate their class for being “stupid” and “losers”, etc. Really insulting them. I had to step in at that point and explain that this is simply not how you treat students, or anyone, for that matter.
Some people simply shouldn’t be allowed in the classroom and the grad student from this case strikes me as a future problem for any school foolish enough to hire him. IMHO
All’s not happy in Happy Valley.
True enough, perhaps that is his retirement plan. Just struck me as odd because, as my two best friends, thirty-something lawyers tell me, there isn’t really a desperate shortage for lawyers right now. In fact competetion for decent jobs is damn fierce in some places.
If our gentleman student plans on being a hobby lawyer for entertainment purposes only, then that’s all well and good. Be he appears to take the thought of being an attorney seriously, at least judging from his litigation.
Mind you, I have no problem with starting a new career in your 50s or 60s, provided one goes about this sort of thing sensibly. ( I can’t even imagine the concept of “retirement” myself, I suppose others share my thoughts on this. I plan on doing something I love until I fall over dead.)
Anyhow, hopefully the guy has socked away money from his years as a paralegal, invested well, bought a home, etc. before he launched on a legal career in his mid 50s.
Maybe he has military retirement or other retirement income. If that’s the case, then by all means, go to law school, go to grad school and cure cancer, go to med school and save sick kids, hell, go to the technical school and finally learn how to build that sail boat you daydream about...do whatever it is you always wanted to do. Why sit on your butt for a few decades waiting to die? Keep living or start dieing.
But if you suddenly decide that, gosh, you really want to be an attorney at the age of 55 and you have no other source of income, well, you’re screwed.
hopefully the guy is well situated. but if he is a broke and desperate new attorney at the age of 55 he will be competing for jobs with freshly minted lawyers in their early 20s(they’ll work cheap), as well as all the guys and gals with a decade or two real experience(cost more but have half a clue what they are doing). I suspect he can use his rejection letters to file an age discrimination lawsuit.
As for flying solo and starting his own private practice, that takes money and business knowledge as well. If he has it and wants to do it, let him have a blast. It’s his life, and as long as he is paying for it, it really is none of our business. More people should try a new career later in life, having once gotten their house in order. And going back to school can be key. Learning keeps the mind stimulated, and who knows where it might take you? A lot of folks discover a love of art, etc. from taking classes when they get older. Others decide they would like to teach, write, start a new business, etc. It’s a great and wonderful thing, and much better for the soul than watching tv for 16 hours a day..
But let’s keep a little realism in our lives, I’m 33. I love my job, but I also like golf. Theoretically I probably could quit my teaching gig and concentrate on making the PGA tour. Maybe I’d make it. Probably I wouldn’t.
If I had all the money in the world I could probably get away with taking such a leap.
But common sense tells me to “keep my day job” until I have some things taken care of, silly luxuries like paid off home, retirement money, family security...hehe..
And my dreams of playing in the NBA are also getting pretty slim too. I suppose I could sue them, arguing that they are discriminating because they don’t have enough short, chubby white boys with glasses on their teams. Maybe I can hire this guy to represent me...hehe.
Wasn’t happy about it, but it was in the policy in black and white. Doesn’t make it right.
Well, that sure shows how fair the other side is...
I, and the rest of the engineers in my class, got our 'C's and got the heck out. It was an excellent learning experience. I learned that Stupid Vindictive People with a little bit of power tend to discriminate against people smarter than they are, if they can get away with it. A good life lesson.
I am assuming by speech you mean public speaking? Was it a required class?
Why did she hate engineers? (especially male ones?). Because "they thought they knew everything?" Maybe her world view was based on feelings and she was always losing aruments to engineering students who used logic so got back at them that way?
Guess your life lesson was that you might have to work on a project and some of your support is incompetent or just not there. But you still have to complete the project (for the job and the company or government agency you work for.)
Guess the slacker's lesson is not to believe the socialist promise of do as little as you want and you will still get the same reward as the hard workers...
A great prof at a good engineering school had four of us on a group senior engineering project.
The prof said all each group would recieve the same letter grade for the project.
Three of us did the work, one did nothing.
We complained, prof said “life’s not fair. Get used to it.”
End of semester, three of us got A’s. One got an F.
As you’d expect, the slacker threw a fit.
The great professor said “life’s not fair. Get used to it.”
Talk about lessons learned!
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