Discrimination in a college. Is it a state or federal case?

State of Tennessee.





If a case for discrimination exists, would that be a federal or state case?Discrimination in a college. Is it a state or federal case?
It can be either. Since discrimination is a Constitutional issue (assuming it is an Equal Protection suit) then it can be heard in either Federal court or state court.





Federal Courts are courts of limited jurisdiction. But just because something ';can'; be heard in federal court, doesn't mean it has to be. If you bring it in state court though, the other party can attempt to have it removed into federal court - assuming they even wanted to. Generally filing fees are more expensive in federal court and they are very strict about how things are done. If you want to go to federal court, make sure you have a good experienced lawyer who understands the rules of the federal court system.





EDIT: Um Ranger.... Diversity of citizenship is only one way to get into federal court. The other is if there is a ';federal question.'; In that case, you don't need to be from different states, nor be suing for an amount exceeding $75k.Discrimination in a college. Is it a state or federal case?
Depends on the nature of the law that prohibits the type of discrimination. If it is a public school and the discrimination is based on race, gender, or national origin, it can be either state or federal.
federal all the way
In general a Federal civil suit has to have two elements:





1. The amount sued for must exceed $75,000.





2. Diversity of citizenship must exist between the Plaintiff and Defendant. If you and the defendant are both located in Tennessee then diversity of citizenship fails. If you live in Arkansas and are suing a Tennessee college then you have diversity of citizenship.





You could file in state court and then petition for removal to Federal court. Why? Let's assume you believe you can't get a fair hearing in state court because of judicial bias. You may have grounds for removal to Federal court.
In depends what the discrimination is based on. There are state and federal civil rights laws that prohibit discrimination based on specified protected classes. But federal law, and individual state laws, don't all protect all the same classes. If the type of discrimination is protected under both federal law and Tennessee law, you would have a choice.