A student from the Escuela Libre de Derecho won a legal battle against the institution itself, following a series of administrative decisions that, according to Mexico’s Federal Judiciary, violated his right to education and unjustifiably obstructed his path to obtaining a law degree.
The conflict, which escalated to federal courts, began when the institution took unilateral actions that directly affected the student’s academic trajectory.
A story of obstacles and resistance
The dispute began when the student, then in his fifth year of law school, took his extraordinary exam in Private International Law on June 25, 2024, obtaining a passing grade. However, shortly afterward, on July 29, the Board of Directors of the Escuela Libre de Derecho determined to annul his exam without a transparent procedure.
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The official notification did not arrive until August 2, by which time the student had already requested the documents necessary to begin his social service, an essential requirement to obtain a professional degree.
The institution argued an alleged breach of the electronic examination system, invalidating the result without granting the student prior due process or the right to be heard.
Far from receiving a favorable response, the school not only denied him a certificate of approved credits, but also modified his academic status, removing him from the system as an active student. This action prevented him from registering for other extraordinary exams and, as a result, blocked his graduation from the program.
The Escuela Libre de Derecho also refused to issue certificates of passed courses and the credit letter required to begin his social service. The school even issued a statement asserting that the young man was no longer a student of the institution, which prevented him from completing the final procedures necessary for graduation.
Turning to the Federal Judiciary
Faced with the institution’s refusal, the student turned to the federal courts and filed an amparo lawsuit. Although a district judge initially dismissed the case on the grounds that a private university does not act as an authority, the Second Collegiate Administrative Court overturned that decision.
The court determined that, because the case involved omissions in the issuance of certificates and the management of social service—legal requirements for professional practice—the Escuela Libre de Derecho did perform acts equivalent to those of an authority and engaged in arbitrary actions, lacking legal basis, that affected the complainant’s constitutional right to education.
“Failing to grant the documents and necessary facilities for the student to carry it out constitutes a violation of the right to education,” the ruling states.
The court ruling: restoration of rights
The judgment overturns the earlier decision that dismissed the student’s claim and orders a series of measures to guarantee his graduation, including:
- Restoring the passing grade of the annulled exam and voiding the July 29 resolution.
- Issuing the certificate of accredited courses requested by the student in August 2024.
- Delivering the credit verification letter so he may begin his social service.
- Allowing him to retake only the courses in Tax Law and Financial Law.
- Refraining from imposing unfounded administrative burdens.
- Guaranteeing all necessary facilities for him to complete his law degree.
The court was clear in stating that the measures imposed by the school were not only arbitrary, but were based on criteria outside the current legal framework. The lack of notification of sanctioning procedures and the unilateral modification of the student’s academic status were key factors in the resolution of the amparo lawsuit.
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