School withdrew me without my permission

[falia]

I decided to attend a certain for profit college because they had evening classes for a certification program. Two months into the program, the school wanted to switch me to the day program due to low enrollment. I informed them that I could not switch to days due to a schedule conflict. Four months into the program I verbally asked the program admin to withdraw from CLASS due to a serious medical condition my spouse had. Instead of withdrawing me from class, they withdrew me from school. Now the school is informing me that must re-enroll as a new student for the day program. I don't know what to do as it is the only school with this program. Please advise. State is Arizona

 

[OHRoadwarrior]

Consult your contract and school rules/regs you agreed to.

 

[justalayman]

why is this not as simple as re-enrolling? Is there some reason you do not want to do that?


You say you withdrew from CLASS but how many classes were you taking?

 

[falia]

Because of scheduling. I have a full time job. That is why I took evenings. If they would have told me they only had day classes, I would have never enrolled. That is not what happened. They told me they had evening classes. I signed up for them. They had extremely low enrollment for the evening block. Instead of them cancelling the evening block, they took my money and kept the block open.

Half way into the program, I had to withdraw from my class due to a serious medical emergency. I was taking one class at the time. They took that as an opportunity the cancel the evening block altogether.

When I went to go for my next classes, they told me I was withdrawn from school and I had to re enroll.

My choice is to quit my job and take the day classes or not re-enroll and be out 4k in tuition.

 

[Proserpina]

Because of scheduling. I have a full time job. That is why I took evenings. If they would have told me they only had day classes, I would have never enrolled. That is not what happened. They told me they had evening classes. I signed up for them. They had extremely low enrollment for the evening block. Instead of them cancelling the evening block, they took my money and kept the block open.

Half way into the program, I had to withdraw from my class due to a serious medical emergency. I was taking one class at the time. They took that as an opportunity the cancel the evening block altogether.

When I went to go for my next classes, they told me I was withdrawn from school and I had to re enroll.

My choice is to quit my job and take the day classes or not re-enroll and be out 4k in tuition.

Based purely on what you've said here in this thread, I'm seeing no cause of action.

 

[justalayman]

You can't make them put on a night class.

My choice is to quit my job and take the day classes or not re-enroll and be out 4k in tuition.

have you asked for a refund? Without knowing if your actions themselves allow them to refuse such a refund, I would suspect that if the enrollment was premised so strongly on the night schedule and they now do not offer it, I would think you have a valid argument for a refund. Simply put; they are now no longer offering what you paid for. That usually does not allow them to require you to accept something else.


A lot will be controlled by any contracts you signed so get them out and start looking for a lawyer to review them should a request for a refund be denied.

 

[falia]

You can't make them put on a night class.




have you asked for a refund? Without knowing if your actions themselves allow them to refuse such a refund, I would suspect that if the enrollment was premised so strongly on the night schedule and they now do not offer it, I would think you have a valid argument for a refund. Simply put; they are now no longer offering what you paid for. That usually does not allow them to require you to accept something else.


A lot will be controlled by any contracts you signed so get them out and start looking for a lawyer to review them should a request for a refund be denied.

Thank you for the advice. They have a no refund policy and that is what is causing the issue.

 

[falia]

Based purely on what you've said here in this thread, I'm seeing no cause of action.

No cause of action?????

 

[Proserpina]

No cause of action?????

No legal way to get what you want or reimburse you

You've said the school has a no-refund policy (which is unfortunately becoming very common). That's where the issue lies, realistically speaking.

 

[justalayman]

Thank you for the advice. They have a no refund policy and that is what is causing the issue.

a no refund policy is often not applicable in situations such as this. Think of it this way: I make an order online to purchase a fribbit. They require I pay before shipping. They have a no refund policy. After a week I get an email saying they no longer sell fribbits and I can apply my purchase money to another product.

Well, I don't want any other product. I want a fribbit. I am entitled to a refund, even though they have a no refund policy because they cannot fulfill our contract so the contract is void, including the no refund part.

There are ways around such issues that can be put into a contract though. That is why I said get your contracts out and if you are refused a refund, start looking for a lawyer to review them to make sure the school can actually refuse a refund based on the fact that they no longer offer what you purchased.

 

[falia]

a no refund policy is often not applicable in situations such as this. Think of it this way: I make an order online to purchase a fribbit. They require I pay before shipping. They have a no refund policy. After a week I get an email saying they no longer sell fribbits and I can apply my purchase money to another product.

Well, I don't want any other product. I want a fribbit. I am entitled to a refund, even though they have a no refund policy because they cannot fulfill our contract so the contract is void, including the no refund part.

There are ways around such issues that can be put into a contract though. That is why I said get your contracts out and if you are refused a refund, start looking for a lawyer to review them to make sure the school can actually refuse a refund based on the fact that they no longer offer what you purchased.

Yeah you right. Thank you for the analogy. Im going to review the contract and if they don't assist, I will hire a lawyer.

 

[TigerD]

a no refund policy is often not applicable in situations such as this. Think of it this way: I make an order online to purchase a fribbit. They require I pay before shipping. They have a no refund policy. After a week I get an email saying they no longer sell fribbits and I can apply my purchase money to another product.

Well, I don't want any other product. I want a fribbit. I am entitled to a refund, even though they have a no refund policy because they cannot fulfill our contract so the contract is void, including the no refund part.

There are ways around such issues that can be put into a contract though. That is why I said get your contracts out and if you are refused a refund, start looking for a lawyer to review them to make sure the school can actually refuse a refund based on the fact that they no longer offer what you purchased.

But that is a flawed analogy.
Education is a service not a product. The OP knew they wanted to cancel the evening block. They told him. He complained and they kept it open -- honoring their commitment to him. Then he withdrew in the middle of a class. They had to continue paying the instructor, the rent, and the admin costs. However, with that one student withdrawn, they were able to shut down the night block. Student returns and complains. School again tries to do the right thing and offers him a spot in the day program. He refuses.

This student is a bit unreasonable.

DC

 

[justalayman]

But that is a flawed analogy.
Education is a service not a product. The OP knew they wanted to cancel the evening block. They told him. He complained and they kept it open -- honoring their commitment to him. Then he withdrew in the middle of a class. They had to continue paying the instructor, the rent, and the admin costs. However, with that one student withdrawn, they were able to shut down the night block. Student returns and complains. School again tries to do the right thing and offers him a spot in the day program. He refuses.

This student is a bit unreasonable.

DC

Ok, I contract with a doctors group to provide OBGYN services. There is one OBGYN doctor there. I have to pay $1 per year for one year's worth of services. Fees are non-refundable

The On Jan 1 I pay my $1 for 2013. On Jan 2 doctor's group decides to eliminate OBGYN services since I was the only patient. They call me and say;

OBGYN is no more. You can apply your $1 to the proctologists services.



I say; WHAT, I don't need no guy up my ass. Sorry but I have no need for any of your services. Please refund my $1.

Medical group refuses stating their contract states fees are non-refundable.

Am I due my $1?


Is that better?

actually, whether OP knew they wanted to cancel the evening block or not may or may not be relevant. You are also interjecting information that is not given.

If the evening classes was a critical part of the decision to take school there, unless the school somewhere reserved the right to terminate evening classes without penalty, the school has removed a factor critical to the OP's decision to contract with the school.

It is going to depend on much more than we have here. It will be based strongly on any contracts signed and the specific actions of the OP. For $4k, it is surely worth spending a couple bucks to have a lawyer look at the contract and give OP an opinion.

 

[TigerD]

Ok, I contract with a doctors group to provide OBGYN services. There is one OBGYN doctor there. I have to pay $1 per year for one year's worth of services. Fees are non-refundable

The On Jan 1 I pay my $1 for 2013. On Jan 2 doctor's group decides to eliminate OBGYN services since I was the only patient. They call me and say;

OBGYN is no more. You can apply your $1 to the proctologists services.



I say; WHAT, I don't need no guy up my ass. Sorry but I have no need for any of your services. Please refund my $1.

Medical group refuses stating their contract states fees are non-refundable.

Am I due my $1?


Is that better?

Better but still flawed in relation to the OP.
If you adjusted it to match the OPs story it would be:
You pay $1 per year for OB services after hours.
In April you notify the OB that you can use their services anymore for other reasons.
They held on to that OB just to fulfill their contract with you.
You are no longer coming so they fire the OB.
Then you come back -- and say you want to continue. with the OB. They tell you that OB is no longer available. But you can see the day OB

actually, whether OP knew they wanted to cancel the evening block or not may or may not be relevant. You are also interjecting information that is not given.

Like what?

If the evening classes was a critical part of the decision to take school there, unless the school somewhere reserved the right to terminate evening classes without penalty, the school has removed a factor critical to the OP's decision to contract with the school.

The student withdrew. If you quit -- the school has no obligation to maintain the same class schedule forever in hopes you might come back.

It is going to depend on much more than we have here. It will be based strongly on any contracts signed and the specific actions of the OP. For $4k, it is surely worth spending a couple bucks to have a lawyer look at the contract and give OP an opinion.

Let him spend the money. From what he posted -- he is wrong. And I can't help feeling that you might have overlooked part of his posts. Allow me to share:

Four months into the program I verbally asked the program admin to withdraw from CLASS due to a serious medical condition my spouse had.

So, after four months - he drops because he spouse was sick. Hey things happen and taking care of a spouse is important. But no school allows refunds at the end of the semester.

Instead of withdrawing me from class, they withdrew me from school.

The OP later says he was only enrolled in a single class.

I was taking one class at the time.

The communication with the school didn't happen overnight -- the OP waited days, weeks, or months (we don't know how long) to try to get back into evening classes. It was long enough and he was far enough separated that he wasn't even aware, the evening had been cancelled.

When I went to go for my next classes, they told me I was withdrawn from school and I had to re enroll....They took that as an opportunity the cancel the evening block altogether.

So four months into the program, he tells them he is dropping. Then after an undisclosed time he returns and is upset that they no longer have the same schedule. He is wrong.

DC

 

[justalayman]

debtcollector`;3209302]Better but still flawed in relation to the OP.
If you adjusted it to match the OPs story it would be:
You pay $1 per year for OB services after hours.
In April you notify the OB that you can use their services anymore for other reasons.
They held on to that OB just to fulfill their contract with you.
You are no longer coming so they fire the OB.
Then you come back -- and say you want to continue. with the OB. They tell you that OB is no longer available. But you can see the day OB

agreed that is more analogous but that does not mean I must accept the day hours. If the sole reason I contracted with that medical group is they offered OBGYN services in the evening, then they are no longer able to fulfill the contract and viola' I am owed my $1.



another point:

if the school withdrew him from the school and not just the class, does not suggest their agreement was for the night courses? If he now has to re-register as a new student for the day courses., it suggests the school considers the day or evening to be part of the contractual agreement. Otherwise, one would think they would not dis-enroll the OP from the school entirely but just dis-enroll him from the one class. He would then be able to walk into the school and just schedule his classes.

like what?

not worth mentioning and I should not have. It is as much or more interpretation as invalid interjection.





as I said, it is going to rely on the OP's contracts.