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Author Topic: cause of action against school?  (Read 2504 times)

umassguy

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cause of action against school?
« on: April 20, 2007, 03:28:35 PM »
I am currently a 1st year part-time student. I entered the part time program with the intention of transferring to full time after the first year. At the beginning of the second semester, my school enacted a policy which requires a minimum GPA of 3.0 to be able to transfer to full time. Before this year, the "policy" supposedly existed, but it was never enforced. Could there be some sort of claim pursuant to contract law? Perhaps, reliance or mis-representation? Did the school waive their right to hold students to the requirement? Let me know what you think.

- Umass guy

Budlaw

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Re: cause of action against school?
« Reply #1 on: April 20, 2007, 04:22:29 PM »
I'm sure they've got some sort of disclaimer (probably where you register) that states that they reserve the right to make changes to thier policies at any time. This probably has them airtight.

Your only chance would be if they made some express representation to you that you could change divisions after your first year. Further, you would have to have told them (preferably in writing) that your decision to attend thier school was based on this policy. But this is also a loser too probably.

One last thing, and this is where they'll win: Where's the damages?


I am currently a 1st year part-time student. I entered the part time program with the intention of transferring to full time after the first year. At the beginning of the second semester, my school enacted a policy which requires a minimum GPA of 3.0 to be able to transfer to full time. Before this year, the "policy" supposedly existed, but it was never enforced. Could there be some sort of claim pursuant to contract law? Perhaps, reliance or mis-representation? Did the school waive their right to hold students to the requirement? Let me know what you think.

- Umass guy

brewha

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Re: cause of action against school?
« Reply #2 on: April 20, 2007, 05:03:47 PM »
I am currently a 1st year part-time student. I entered the part time program with the intention of transferring to full time after the first year. At the beginning of the second semester, my school enacted a policy which requires a minimum GPA of 3.0 to be able to transfer to full time. Before this year, the "policy" supposedly existed, but it was never enforced. Could there be some sort of claim pursuant to contract law? Perhaps, reliance or mis-representation? Did the school waive their right to hold students to the requirement? Let me know what you think.

- Umass guy


Yeah, that's a great idea.... sue your law school.  Professors would really "respect" your decision when grading exams.
pudding is delightful

umassguy

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Re: cause of action against school?
« Reply #3 on: April 20, 2007, 05:27:29 PM »
Grading is anonymous.

sblount

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Re: cause of action against school?
« Reply #4 on: April 20, 2007, 06:16:15 PM »
Hey, I don't know much (I'm a OL, starting in the fall).  However, I actually do know someone who sued her law school (she had entered with the knowledge that they offered some specific course, I don't know what it was, and then the school got rid of the course (or maybe it was a general area of courses)).  She sued because she stated that a big part of the reason she attended that school was because of specific course offerings.  She did ultimately win, but it was a 6 year legal battle, I don't think she was awarded anything.  Basically the school just eventually offered the course.  However, she didn't sue until her second year, so she was I about 4 or 5 years out of law school when the case concluded.  I'm sure it's very helpful to her now that the school offers some obscure course, haha.  Anyway, that's my only knowledge of suing a law school.  I also live in a small town, and she stayed in town, so she did certainly make some enemies within the local legal community.  She should have just transfered if you ask me.

JohnnyAwesome

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Re: cause of action against school?
« Reply #5 on: April 20, 2007, 06:26:31 PM »
In my opinion you're better off going though the proper channels of appeal at your school. I know at my school you can file for what's called a "Dean's Action" which in theory can over ride almost any regulation of the school. Of course you need to agree your dean or a panel that you deserve an exception to the rule. That's not always easy. But I feel you're going to waste a lot of time with a contracts suit that won't see a trial until you're already graduated. Assuming it survives the motion for pleading dismissal/judgment.

Felsen

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Re: cause of action against school?
« Reply #6 on: April 21, 2007, 12:43:44 AM »
You're out of luck.

You were admitted to a part-time program, not a full-time program.  They have different standards, so they can certainly keep you to the program you entered.  I'd guess that even before they formalized this rule you still had to apply to change from the part-time to the full-time program.  There was probably never any type of guarantee that you could change programs.

pistolpete23

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Re: cause of action against school?
« Reply #7 on: April 21, 2007, 01:19:36 AM »

where do you happen to go to school if you don't mind me asking?

brewha

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Re: cause of action against school?
« Reply #8 on: April 21, 2007, 08:54:06 AM »
Grading is anonymous.

HAH!  If you think grading would be anonymous after you sued the school... I have a nice bridge to sell you in San Francisco.  Young one, you have so much yet to learn about the world.
pudding is delightful

shimra

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Re: cause of action against school?
« Reply #9 on: April 21, 2007, 11:42:41 PM »
I am currently a 1st year part-time student. I entered the part time program with the intention of transferring to full time after the first year. At the beginning of the second semester, my school enacted a policy which requires a minimum GPA of 3.0 to be able to transfer to full time. Before this year, the "policy" supposedly existed, but it was never enforced. Could there be some sort of claim pursuant to contract law? Perhaps, reliance or mis-representation? Did the school waive their right to hold students to the requirement? Let me know what you think.

- Umass guy

Don't know, but I will say anecdotally, that the administrator always preface any discussion of my law school's financial aid or course offerings with "While we cannot guarantee anything..." to cover themselves if the program changes somewhere down the line.