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If a school closes its doors, can a student take legal action? Has it been done (and do you know what the legal precedent is)? How would I find out? The school is private, accredited, and is college/grad level.
I'd imagine your only legal recourse is loan forgiveness on what you already borrowed. Beyond that, I don't think so. Get in touch with a lawyer as none of us are lawyers in your area.
bowen on
not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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MetalbourneInside a cluster b personalityRegistered Userregular
edited May 2010
Knowing what you're thinking of suing for would help
That being said, my current interpretation of what you wrote is "my school is closing down because they don't have enough money. I want to sue them for the time/money I wasted trying to get a degree I won't end up getting." If that's the case, you're chasing money that doesn't exist. If it existed, they'd still be open and you wouldn't be contemplating suing them.
You're all thinking with common sense. That's good. Sadly- the school may not be. There may be millions in assets the school simply won't mortgage to keep the school going. Hence- legal recourse.
If you ask the office for help are they being helpful? Like, providing you with colleges where your credits transfer over on a 1 to 1 ratio?
Sipex on
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TexiKenDammit!That fish really got me!Registered Userregular
edited May 2010
Just going by your information in the OP and location, is it Queens University of Charlotte?
edit: Sipex is on to something, the school would (hopefully) work out something with other colleges in the state to make transferring easier than it sometimes is with between colleges.
However you go about it, if the school actually closes there is only a short period where you can apply for loan forgiveness. I have a friend who got pissed off about his school closing, who simply refused to do anything that in his mind might make it "easier" on the school. He missed out on that period and now is paying the government for an education he didn't get on a loan he could have gotten out of. Don't be a silly stubborn goose like this goose was!
You can go the civil route, but if they filed BK they are protected. If you have a contract with them for your term of degree, you could go after breach of contract. Usually a contract is rare though.
Not trying to be an ass here, but give us more information on what the hell is going on. What are you hoping to accomplish and so on. One line cryptic answers isn't cutting it.
That_Spoony_Bard on
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Dhalphirdon't you open that trapdooryou're a fool if you dareRegistered Userregular
edited May 2010
You're being a silly goose
Sue is a very general term. Do you want to sue them for loan forgiveness? Do you want to sue them because you've already paid up front for a degree and are now not going to be able to complete it?
Specify exactly what you are wanting to sue for, or expect to get zero help.
Dhalphir on
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FiggyFighter of the night manChampion of the sunRegistered Userregular
edited May 2010
Faculties go on strike all the time, and students don't get compensated for having to retake the classes they didn't get to finish. Why would the school closing down be any different?
Dhalphirdon't you open that trapdooryou're a fool if you dareRegistered Userregular
edited May 2010
there's a bit of a difference between having to retake a few classes and having paid for a degree that you are now never going to get unless you pay yet another school
If the faculty at a school strikes and the result is classes ending for the quarter students don't get their tuition back? That seems bizarre at least to me since as a student you pay each quarter to be able to take the classes you signed up for and if the school doesn't deliver I would think they would be required to reimburse you. I do however think this is different than if the school closes since you were able to take the classes you paid for and since you have the associated hours on a transcript the school fulfilled its part of the bargain though not being a lawyer I could be mistaken.
Unless you've paid in advance for classes you will now not be able to take, or the school made some sort of promise to you, I'm not really sure what claim you would have against them.
It happens. My University closed down the girls college and offered the students an opportunity to transfer to the main college, but didn't guarantee they would be accepted. Basically, the students who weren't accepted were fucked.
I pay upfront for classes, no loans. It seems that when the student handbook says "you have X years to complete this degree" a student has a reasonable expectation that the doors will be open and classes offered for that duration. Like someone said, civil breech of contract. I would be seeking damages from that breech. (untransferable credits to another schools comparable program etc.)
Well, are your credits untransferable to another program? Again, have you talked to the school about this?
I'd like to assume yes but H/A isn't a good place to make assumptions.
Also, I know where I live (Canada) if the teachers go on strike long enough (more than a month I believe) you get re-imbursed for the school time missed.
Sipex- they haven't closed yet, but it looks bad. Don't think of this thread as "this is the only option I'm taking," please look at is as, "I'm looking into multiple options, but I have a handle on things like transferring to other programs at other schools, I just need to know about the legal options available to me- should it come to that."
Sharp10r on
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Deebaseron my way to work in a suit and a tieAhhhh...come on fucking guyRegistered Userregular
I just need to know about the legal options available to me- should it come to that.
You're shit outta luck, holmes. The "you have X years to complete this degree" is a time limit, not a promise that "you WILL have X years to complete this degree". This is aside from the fact that the student handbook isn't really a contract.
Okay, that makes it a lot clearer. You'll probably get better answers now.
I'm going on assumptions but I'm going to say you might be able to sue for lost credits if you exhaust all your other options first and the school doesn't do everything in it's power to help you.
If the staff help you all they can and the school does everything it can I can't see your case holding water as you can't blame a school for going out of business.
Sipex- they haven't closed yet, but it looks bad. Don't think of this thread as "this is the only option I'm taking," please look at is as, "I'm looking into multiple options, but I have a handle on things like transferring to other programs at other schools, I just need to know about the legal options available to me- should it come to that."
Er... I'm somewhat confused. I've seen some schools, especially graduate schools, either shut down or lose acreditation. In both scenarios, the school generally announces something like "Starting in 2011, we will no longer be accepting students into the _______ program. Students currently in the program must graduate by May 2015".
If you're going to a school that has both an undergrad and grad school, I'd be surprised if they ran out of money so fast they just jumped their programs completely.
Cognisseur on
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amateurhourOne day I'll be professionalhourThe woods somewhere in TennesseeRegistered Userregular
edited May 2010
Like everyone else, I'm a little confused too.
I'm assuming that you're paying for classes either by Semester or Trimester or Quarter, like most people in college do. If this is the case, you've paid for classes, you've taken classes, and you've received credits for those classes. At this point, at each (semester's) end, the transaction between student and school is complete. Should you want to continue, you may, and should they want to let you continue, they may, but there is no legal guarantee or precedent (that I know of, I am not an attorney) that provides financial or legal recourse if the school closes.
If you are unhappy with how the school is handling it's finances, you should take that up at a directors meeting or assembly the next time they have one.
Also, you need to be speaking with the admissions department of every school in your area regarding the transfer of credits. If you're school is accredited, they should be willing to make arrangements to let you finish your degree with minimal impact.
Thanks all for the help. I know I've been sparse with details so I thank you for helping with what I could share. Thread resolved.
Sharp10r on
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MetalbourneInside a cluster b personalityRegistered Userregular
edited May 2010
This thread just makes me depressed, because back in the 80's we'd get some friends together to win a race or a talent contest in order to get the money to keep our favorite institution from closing its doors for good.
I currently have a lawsuit filed against my school for closing. My school closed one of its campuses (the other is half way across the United States) and my lawyer is suing for breach of contract due to being unable to complete my degree. Unfortunately with private colleges ( I am in Chiropractic school) Most credits will not transfer, if I were to transfer to another school to finish the BS degree I was working on at the Chiro school, I would have had to spend another 1 1/2 years in school and pay for all those classes again (I had already spent $25,000)
The schools response was if I wanted to finish my degree I needed to move from Los Angeles to Kansas City and to them this was a "Perfectly responsible response" they would even give me a tuition decrease of 20% (amazing since they were so broke they could not keep my campus open a little longer to let us all finish)
I was lucky enough to find a lawyer with a very successful track record to take the case on contingency, so if I don't win, I don't owe, if I do win, I have to pay 33%. I have nothing to lose. They feel the college will most likely try and settle due to if I win in court, they will have another 200 lawsuits coming from all the other kids who see they can get money back.
Good luck if you are still fighting the school!! A school has an obligation to give you the education they recruited you for, and you should not be required to pay for a degree they will not allow you to finish. And as someone said before, you need to contact your Financial lender ASAP because your loans can be forgiven under the right circumstances.
OP, North Carolina is really good about transfer credits. If you can't get any straight answers from the state Gov't's UNC board, and see what your options are.
Posts
That being said, my current interpretation of what you wrote is "my school is closing down because they don't have enough money. I want to sue them for the time/money I wasted trying to get a degree I won't end up getting." If that's the case, you're chasing money that doesn't exist. If it existed, they'd still be open and you wouldn't be contemplating suing them.
You need to explain what you're talking about here.
If you ask the office for help are they being helpful? Like, providing you with colleges where your credits transfer over on a 1 to 1 ratio?
edit: Sipex is on to something, the school would (hopefully) work out something with other colleges in the state to make transferring easier than it sometimes is with between colleges.
If all of them could transfer. with a 90 hour grad program, this is easier said than done.
Sue is a very general term. Do you want to sue them for loan forgiveness? Do you want to sue them because you've already paid up front for a degree and are now not going to be able to complete it?
Specify exactly what you are wanting to sue for, or expect to get zero help.
It happens. My University closed down the girls college and offered the students an opportunity to transfer to the main college, but didn't guarantee they would be accepted. Basically, the students who weren't accepted were fucked.
I'd like to assume yes but H/A isn't a good place to make assumptions.
Also, I know where I live (Canada) if the teachers go on strike long enough (more than a month I believe) you get re-imbursed for the school time missed.
You're shit outta luck, holmes. The "you have X years to complete this degree" is a time limit, not a promise that "you WILL have X years to complete this degree". This is aside from the fact that the student handbook isn't really a contract.
I'm going on assumptions but I'm going to say you might be able to sue for lost credits if you exhaust all your other options first and the school doesn't do everything in it's power to help you.
If the staff help you all they can and the school does everything it can I can't see your case holding water as you can't blame a school for going out of business.
Er... I'm somewhat confused. I've seen some schools, especially graduate schools, either shut down or lose acreditation. In both scenarios, the school generally announces something like "Starting in 2011, we will no longer be accepting students into the _______ program. Students currently in the program must graduate by May 2015".
If you're going to a school that has both an undergrad and grad school, I'd be surprised if they ran out of money so fast they just jumped their programs completely.
I'm assuming that you're paying for classes either by Semester or Trimester or Quarter, like most people in college do. If this is the case, you've paid for classes, you've taken classes, and you've received credits for those classes. At this point, at each (semester's) end, the transaction between student and school is complete. Should you want to continue, you may, and should they want to let you continue, they may, but there is no legal guarantee or precedent (that I know of, I am not an attorney) that provides financial or legal recourse if the school closes.
If you are unhappy with how the school is handling it's finances, you should take that up at a directors meeting or assembly the next time they have one.
Also, you need to be speaking with the admissions department of every school in your area regarding the transfer of credits. If you're school is accredited, they should be willing to make arrangements to let you finish your degree with minimal impact.
The schools response was if I wanted to finish my degree I needed to move from Los Angeles to Kansas City and to them this was a "Perfectly responsible response" they would even give me a tuition decrease of 20% (amazing since they were so broke they could not keep my campus open a little longer to let us all finish)
I was lucky enough to find a lawyer with a very successful track record to take the case on contingency, so if I don't win, I don't owe, if I do win, I have to pay 33%. I have nothing to lose. They feel the college will most likely try and settle due to if I win in court, they will have another 200 lawsuits coming from all the other kids who see they can get money back.
Good luck if you are still fighting the school!! A school has an obligation to give you the education they recruited you for, and you should not be required to pay for a degree they will not allow you to finish. And as someone said before, you need to contact your Financial lender ASAP because your loans can be forgiven under the right circumstances.