FEDERAL LAW PROTECTS STUDENTS CALLED TO ACTIVE DUTY
RADM James J. Carey of the National Defense PAC deserves a great deal of credit for alerting us to the below listed background information, that attorneys would need to document points of authority to defend returning military personnel who were college students when they were mobilized to go into combat, and found upon release that they are being prevented from picking up their education by left leaning college professors who do not want to re-instill them into their courses or protect their course grades previously compiled before they were recalled.
A general E-mail was sent reminding students of Georgetown University policy about attending classes, and you included a line to the effect that the policy even overrides “military deployments.” I want to bring to your attention that a federal law enacted in 2008 protects students in this situation, and a college or university that violates the law risks losing all federal funding.
I invite your attention to www.roa.org/law_review. You will find more than 700 articles about the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Servicemembers Civil Relief Act (SCRA), the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), and other laws that are particularly pertinent to those who serve our country in uniform. You will also find a detailed Subject Index and a search function, to facilitate finding articles about very specific topics.
I invite your attention specifically to Law Review 1052, about section 487 of the Higher Education Opportunity Act of 2008. I have written most of the “Law Review” articles on the Reserve Officers Association (ROA) website. For questions, contact Capt Samuel F. Wright, JASGC, USN (Ret), Director, Service Members Law Center at (202) 646-7730, SWright@.org Please do not treat this communication as legal advice. If you need legal advice, contact an attorney licensed in your state.