Can I sue an educational institution on this basis?

[HaydenAdams14]

Last Fall I applied to a private college in New York to attend in the Spring 2011 semester. I was accepted, sent in everything on time. At the time I was going to community college by home because my mother was ill with cancer, so I stayed home to be with her instead of going away to college. After I was accepted, I contacted my admissions counselor and sent it all my paper work in a timely manner. The school kept putting off giving me any information (room assignment, paper indicating how much of a scholarship/grant/loan I was receiving and how much I would have to pay ) I would contact the school on a daily basis, and my counselor kept saying "oh, your financial aid package is being completed right now, it will be in the mail." He kept saying this for weeks until one day I finally flew up to New York for the day to get it myself because school was starting in three weeks. They said that they needed more information (proof of citizenship?) in order for them to give me my package. So I gave them my passport right there, and they said that the next day they would mail me my package. They never did. They said that they needed verification, pretty much just making up excuses. They never sent me anything. I have a voice mail and a detailed e-mail from the school accepting all responsibility saying that they messed up. A friend of mine applied to the same school a month after and got all of her paperwork and everything and was able to attend. I don't know if this is because I am Middle Eastern and she is White (just a thought?) but it was really messed up. They sent an e-mail apologizing and taking full responsibility. At that point I said I wanted to speak to the President of the college and have lunch with him so I can talk to him. After numerous e-mails and phone-calls, no one has replied. It has been four months, and I have e-mails where the President of the College's office says "we will contact you after we do a further investigation on your case" and then just never reply. Multiple times. They took my application fee and have failed to do anything. They never call me back, they have completely ignored me and keep ignoring me. Is this basis for a lawsuit? I've been devastated ever since. I had my tuition ready and everything, and I told everyone I was going and now it is very awkward for my family to have to explain to their friends why I did not attend, defamation of my family? Also, it was just a really devastating experience because it was too late for me to go to Community College because the session had already started and now when I apply to another college they are going to ask why I didn't attend in the Spring 2011. Please help! Thank you!

 

[norcal383]

Probably not...

I think a lawsuit is pretty far-fetched in this situation. The most I think you could reasonably expect is a refund of your application fee.

How about writing a letter explaining your experience and asking for a refund? Include a copy of the email they sent you where you say they accepted responsiblity for the error and send it to whomever is in charge of their admissions process (e.g.: Director of Admissions). Sending a similar letter to the President's office and the New York State Education Department's Office of Higher Education might also be helpful, especially if you mention that you're sending those letter when you write your original letter to the head of admissions.

My own 2 cents is that the likelihood of discrimination is small. Most colleges actively seek to recruit students from diverse backgrounds and it's usually a prominent value of the institution. In any case, it would be hard to prove.

As an aside, it's very unreasonable for you to expect to meet with the university president. Ever. In regard to any issue. These days, the role of a private college president is to raise money. If you want to "go to the top" to address a concern, you should be working up the chain of command from directors to whomever is the vice president over the particular area (could be a Provost/VP of Academics, a VP of Student Affairs, or a VP of Enrollment).

It's unfortunate that you had a bad experience. Why not focus on getting admitted and enrolled for the next term in either the community college or another college you're interested in? I don't think most colleges are going to care why you weren't enrolled in Spring 2011, and if they ask, you can simply say it was due to personal or family issues. I would just check that your test scores are still valid and start moving on with your education. Best of luck!

 

[HaydenAdams14]

Thanks Norcal383! I did write a letter, two actually, explaining my experience and I got a reply to the second one (which I wrote because I did not receive a reply to the first one) in which they (Presiden'ts Office) said that they will look into an investigation. When I e-mailed them back about a follow up, I failed to receive a response. When I called, the secretary took my name and message (three times) and they never replied. I can tell I'm being ignored.

At this point I've contacted CollegeBoard who say that this is a serious offense and gave me some numbers of other division of CollegeBoard I need to contact.

As for moving on, I have enrolled in other schools but upon interview all of them have asked about my second semester. They have said that if I don't clarify, it shows "inconsistency" and that I am not a serious student.

I know that diversity is something schools seek, however I am just confused as to any other reason why the school would not follow through my paperwork, yet help my friend who had chosen to drop out of college who I got to go to the school, who applied weeks after I did.

Thank you for the advice on contacting the New York State Education Department's Office of Higher Education. I will definitely do that tomorrow! I also have some contacts in the Department of Education (I live in the Greater Washington D.C. Metropolitan Area) who I'm going to talk to. I think if I send the school another e-mail letting them know I've spoken to Collegeboard and the Depar't of Educ. then they will be more willing to listen? Yes, no, maybe?

 

[lukeroberts]

This isn't legal advice but take it for what its worth.

I think the request (demand) to meet with the school president was a bit strange.
I once had a similar situation when I was in the process of hiring an employee. I interviewed several applicants told them all that I'd be in touch by a certain date while I checked references. A few days after the promised date I get an email demanding my bosses name (as well as the names of the corporate structure), making vague references to lawsuits, and demanding an apology.
Mind you this was the guy I was going to hire, and the delay was because his references were slow to get back to me. Needless to say, he didn't get the position.
In your case, the demand to see, have lunch with, and extract an apology from the school president was inappropriate and was most likely the reason for the no contact.

 

[Humusluvr]

Last Fall I applied to a private college in New York to attend in the Spring 2011 semester. I was accepted, sent in everything on time. At the time I was going to community college by home because my mother was ill with cancer, so I stayed home to be with her instead of going away to college.

Do you have an acceptance letter? What semester does it say you are accepted for?

After I was accepted, I contacted my admissions counselor and sent it all my paper work in a timely manner. The school kept putting off giving me any information (room assignment, paper indicating how much of a scholarship/grant/loan I was receiving and how much I would have to pay )

Maybe you didn't. There could have been missing forms. Also, were you assigned an Academic Counselor? Did you sign up for classes?

I would contact the school on a daily basis, and my counselor kept saying "oh, your financial aid package is being completed right now, it will be in the mail."

Daily contact is a bit of over-kill. They were likely becoming annoyed with your calling.

He kept saying this for weeks until one day I finally flew up to New York for the day to get it myself because school was starting in three weeks. They said that they needed more information (proof of citizenship?) in order for them to give me my package.

Are you a US citizen? If not, do you have the proper visas? Did you provide them with birth certificates, social security cards, visa information?

So I gave them my passport right there, and they said that the next day they would mail me my package. They never did.

What package?

They said that they needed verification, pretty much just making up excuses.

They do need verification. Schools have to follow the law when it comes to international students.

They never sent me anything. I have a voice mail and a detailed e-mail from the school accepting all responsibility saying that they messed up.

Please post the email here, without any names.

A friend of mine applied to the same school a month after and got all of her paperwork and everything and was able to attend. I don't know if this is because I am Middle Eastern and she is White (just a thought?) but it was really messed up.

The process would be very different for citizens versus non-citizens, if that is what you are inferring.

They sent an e-mail apologizing and taking full responsibility. At that point I said I wanted to speak to the President of the college and have lunch with him so I can talk to him.

You would have a better chance of having lunch with Obama than the school president. I work for a large university, and I have never even had lunch with the president. Presidents work to get funding, not get one student who has a beef.

After numerous e-mails and phone-calls, no one has replied. It has been four months, and I have e-mails where the President of the College's office says "we will contact you after we do a further investigation on your case" and then just never reply.

So move on. Seriously. Why would you want to go to a college where they are not acting like they even want you?

Multiple times. They took my application fee and have failed to do anything. They never call me back, they have completely ignored me and keep ignoring me. Is this basis for a lawsuit?

Ask for your app fee back. That's about as much as you'll get. What would you file a lawsuit for? Emotional distress? I mean obviously you are distressed, but going to college is hard. Applying to college is frustrating, and fraught with disappointment. That's why you apply multiple places.

I've been devastated ever since. I had my tuition ready and everything, and I told everyone I was going and now it is very awkward for my family to have to explain to their friends why I did not attend, defamation of my family?

That is your own doing. YOU defamed your family, not the school. "Problems with paperwork" is not defamation. If the school would have racially slurred you, or made fun of you to the newspaper, that would be a lawsuit.

Also, it was just a really devastating experience because it was too late for me to go to Community College because the session had already started and now when I apply to another college they are going to ask why I didn't attend in the Spring 2011. Please help! Thank you!

You say, "I was helping with my sick mother." or "I had some paperwork problems that are now resolved."

You are seriously making a bigger issue out of this than it is. Go apply somewhere else. Or, calmly call the school, ask to be given a student number so you can register, ask to go to new student orientation, or ask for them to send you an email with the directions on how to register for Fall. Quit being so accusatory and impatient, start being a problem solver.

 

[Humusluvr]

At this point I've contacted CollegeBoard who say that this is a serious offense and gave me some numbers of other division of CollegeBoard I need to contact.

I doubt they said this.

As for moving on, I have enrolled in other schools but upon interview all of them have asked about my second semester. They have said that if I don't clarify, it shows "inconsistency" and that I am not a serious student.

So say, I have a sick mom. End of story. It's not a big deal.

I know that diversity is something schools seek, however I am just confused as to any other reason why the school would not follow through my paperwork, yet help my friend who had chosen to drop out of college who I got to go to the school, who applied weeks after I did.

You do not have identical situations, so you cannot expect identical results. You have to deal with your situation as "unique."

Thank you for the advice on contacting the New York State Education Department's Office of Higher Education. I will definitely do that tomorrow! I also have some contacts in the Department of Education (I live in the Greater Washington D.C. Metropolitan Area) who I'm going to talk to.

You are wasting your time.

I think if I send the school another e-mail letting them know I've spoken to Collegeboard and the Depar't of Educ. then they will be more willing to listen? Yes, no, maybe?

You have become such an annoyance to the school, that I doubt they will answer any more of your emails. If I can tell you are becoming a "problem student" before you've even been admitted, I'm guessing you have been put on a list of students not to admit, because you will be more problems than you are worth. And yes, those lists exist, because some students, like you, the school would be crazy to allow in, because you would fight and argue with everyone.

Consider yourself un-accepted, and move on.

 

[OHRoadwarrior]

There is an old analogy that comes to mind...

Can't see the forest, for the trees.

 

[HaydenAdams14]

I am a citizen. I was born a citizen. I got accepted, I had my tuition money. I was accepted like any other freshman. Everyone else got all their paperwork (room assignments, finical aid packaging, etc.) They told me to my face all my paperwork was complete and that they would have all my paperwork in the mail the following day because the person that did the packaging was not in the office the day I flew up to New York to talk to them. They never sent anything. It was only after that when I started calling (after the semester had started) and I have a letter explaining that the school completely "droped the bomb", "is at complete fault" and "completely messed up" and that "I submitted all my paperwork in on time", "did everything in my possible reach to do what I could"

After I spoke to Collegeboard today they said that they are more than happy to help me do an investigation because an institution cannot be doing this to students, it's scamming them, and they need to know what's going on now in case this happens to other students.

 

[Humusluvr]

I am a citizen. I was born a citizen. I got accepted, I had my tuition money. I was accepted like any other freshman. Everyone else got all their paperwork (room assignments, finical aid packaging, etc.) They told me to my face all my paperwork was complete and that they would have all my paperwork in the mail the following day because the person that did the packaging was not in the office the day I flew up to New York to talk to them. They never sent anything. It was only after that when I started calling (after the semester had started) and I have a letter explaining that the school completely "droped the bomb", "is at complete fault" and "completely messed up" and that "I submitted all my paperwork in on time", "did everything in my possible reach to do what I could"

Those are your words. What did the letter say? Type it.

After I spoke to Collegeboard today they said that they are more than happy to help me do an investigation because an institution cannot be doing this to students, it's scamming them, and they need to know what's going on now in case this happens to other students.

You are leaving something out of your explanation then, because I don't see a scam, I just see a paperwork issue.

All you've said so far is, "I sent in my app. Got an acceptance letter. Couldn't get my paperwork done."

I don't see where the College Board would care about that.