CUNY Student Contests A-Minus Grade In Federal Court

NEW YORK CITY — A CUNY student is suing his college after he received an A- grade instead of an A, according to court records.

Daniel Smigiel, 28, contested the grade he got from the College of Staten Island in a Brooklyn Federal Court filing Monday, court records show.

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"Plaintiff has never been received [sic] any explanation about what in his behavior was problematic," the lawsuit states. "Nor why his behavior led to a lower grade."

A spokesperson for the College of Staten Island said the school does not comment on pending litigation.

Smigiel, a doctoral student in the psychology department, argues a professor unjustly lowered his grade because of misunderstandings for which he should not be penalized, the complaint shows.

The first incident occurred during a virtual class when Smigiel laughed as another student was speaking, the complaint states.

Smigiel apologized to the student and professor then explained he'd forgotten his camera was on and something in his home had amused him, the suit states.

Later in the semester, Smigiel received a 20-point deduction on a homework assignment which the professor critiqued as racist, the lawsuit contends.

The lawsuit also details a contentious relationship between Smigiel and the student body over allegations of racism, which he denied and argued contributed unfairly to his lowered score.

Smigiel contested the demerit to the Psychology Department chair and was able to have the points restored on the basis that his words had been taken out of context, the lawsuit contends.

"Defendant acknowledged that Plaintiff was unfairly treated," the lawsuit states. "Defendant provided no apology."

At the end of the semester, Smigiel received an overall grade of 95 which, based on the professor's syllabus, should have constituted an A, the lawsuit contends.

But Smigiel received an A-. When asked why, the professor cited “participation," according to the suit.

Smigiel appealed the grade to the psychology department committee but without success, the lawsuit claims.

"This committee explained that they had 'information of an inappropriate situation that took place in class,' the complaint states. "The committee also mentioned Plaintiff’s camera and class participation. All allegations were false."

The lawsuit requests a trial by jury and compensatory damages. Patch was unable to reach Smigiel for comment.