regardless of how a sex offender student was admitted, the school could be sued by the student for kicking them out mid-program-------especially if there are no formal rules on the books for not admitting sex offenders.
I am not sure, but I think that sex offenders have a right to earn a degree, no matter what the discipline. So, even if they had done a proper background check prior to his matriculation, I don't think they could have rejected his application due to his sex offender status.
The problem then would be: How could he possibly complete the degree requirements given his supposed ineligibility for participation in the required clinical practicum? And here's where it gets ugly.
He applied and was accepted to a private university. Any school counselor of integrity - and, for that matter, whoever interviewed him face-to-face for the program - should have looked him straight in the eye and said, "We would like to have you but, I must inform you that a clinical practicum is a requirement for graduation. Will you be able to legally participate in the practicum?"
Assuming the best of the college, if they did this and he answered, "No," they should have denied him entrance, for no other reason than because it would do him a grave disservice to allow him matriculate while knowing, from the outset, that he could not possibly complete the degree requirements.
On the other hand, if he answered, "Please allow me to matriculate, and I will cross that bridge when I come to it. I hope to be off the sex offender registry by that point," then what could they do? All of these licensing boards, etc., keep telling me that they must be 'fair' to him, must give him a chance, must let him be heard. Could the university say no at this point? After all, it is the licensing board that decides whether he can practice under supervision - not the university, right?
My best guess as to what he actually did, based upon what he told my mother and what I would do myself, if I were trying to weasel into the program: He applied for a number of programs, checked the magic box on the applications that states that, yes, he is a convicted felon, and then waited to see who would accept him. He was accepted by three universities. When asked about the practicum bit, he answered, "Yes, I am concerned, but I must tell you that I am not striving to earn a counseling license. I'm studying in order to better myself, with the hope that, one day, I will write self-help books for those in my situation. I have the money to pay all of my fees and tuition out-of-pocket. I would like to matriculate and study for as long as I can. I hope to be off the sex offender registry by time the practicum requirement comes up; if so, I will particpate. If not, then, I will petition for a substitute, something I can do in lieu of the practicum. And, if neither option becomes available to me, I am willing to step aside, transfer to another suitable program, or even drop out and be happy that I have been blessed to progress this far."
That, my friends, is how I believe he got accepted. And then, once it was time for the practicum, his professors said, "We should give him a chance, vouch for him with the licensing board. We know him and he's a nice guy."
Ben
