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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. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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