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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...