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Court splits over release of college transcript

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A divided panel on the Indiana Court of Appeals dismissed Ball State University’s appeal of the order that it release the transcript of a student who left the school and owes tuition. The student’s mother added the university to her petition seeking to require her ex-husband to contribute to their child’s college expenses.

Jennifer Irons filed the petition for modification in May 2011, seeking in part an order that Scott Irons contribute to daughter Jordan Iron’s college expenses at Ball State. She attended the school in the fall of 2011 but withdrew in early 2012, leaving an unpaid tuition balance. Jordan is unable to enroll at another college because Ball State will not release her transcript until the tuition is paid.

Jennifer Irons added the school to the complaint because the trial court was unable to fully adjudicate the issues, as future college expenses couldn’t be completely determined until Jordan enrolled at Indiana University Northwest.

Ball State sought to dismiss with prejudice the claim against it, arguing Jordan had no right to her transcript unless she paid the balance on her tuition. The trial court, noting this is an issue of first impression, ordered the university to release the transcript. Lake Circuit Judge George C. Paras also wrote in the order that the Legislature hasn’t created a statutory lien that would allow the university to withhold a transcript for failure to pay tuition.

Ball State appealed, but Jennifer Irons claimed that the order was interlocutory and the university had to have the order certified. Ball State claimed it properly filed the appeal under Ind. App. Rule 14(A).

“We conclude that the order does not fall under Appellate Rule 14(A)(3). The delivery of Jordan’s official transcript does not ‘import a surrender’ as contemplated by the rule. Whether the delivery disposes of all claims and relief sought against BSU does not determine whether a surrender has occurred,” Judge Michael Barnes wrote for the majority, which includes Judge Robb. “Giving Jennifer a copy of Jordan’s official transcript does not remove the official transcript from BSU’s control.”

“Although BSU did not have a right to appeal the trial court’s order compelling the delivery of the transcript under Appellate Rule 14(A)(3), it could have asked the trial court to certify the order for an interlocutory appeal pursuant to Appellate Rule 14(B). Because BSU failed to have the order properly certified, we must dismiss this appeal,” he wrote in Ball State University v. Jennifer Irons, In re the Marriage of: Jennifer Irons, Wife, and Scott Irons, Husband, 45A03-1307-DR-296.

Judge Elaine Brown dissented on this issue, believing that the order does constitute an interlocutory appeal of right – either under Rule 14(A)(3) or Appellate Rule 14(A)(8).

“BSU is not simply appealing a discovery order which requires parties to a lawsuit to produce documents which could be used as evidence at trial. The appealed order is a dispositive order as to BSU as it serves to dispose of all claims and relief sought against BSU,” she wrote.

The judges all agreed that Jennifer Irons should be denied appellate attorney fees.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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