I swear, the longer I sit with this, the more my mind wanders and looks at this from different angles... I'm sort of a nightmare to go against, because of this type of thinking. I'm constantly inventing new ways to do things and different methods to achieve the same result, some better, some, not so much better.
Still, I came up with a theory today. Feel free to respond if you'd like.
Now, I'm making some presumptions here, that I'll have to outline below, but assuming the assumptions I make, which are reasonable, are accurate, I could be looking at things quite differently in the case of a court battle.
When each and every student pays Mohawk College tuition, they're agreeing and binding themselves to a contract. This contract, I imagine, is quite similar to the type of contract you'd see between a client and a corporation, regardless of the service being provided. Some basic fundamentals should be outlined in the contract. My presumption here is that this contract contains some very simple and basic rights and agreements that should go a little something like this: You will pay us; we will teach you; this contract will be made null and void and no refund will be issued if you break any of the rules outlined in our policies, or in the governing laws, or statutes of the area in which the college resides; you can expect basic fundamental rights... etc.
there's probably a ton of stuff in there, but the basic essence of the contract is a broad-sweeping agreement to agree to their terms and conditions of being educated, and paying for that education.
according to this, the punishment could be seen as a violation of that contract, due to the fact that since no action violated any rule they've set forth, and they prematurely cancelled my contract, and are denying me access to the services I've essentially paid for (eg. my college email account), this could, quite easily, blow up.
In some ways, this type of thinking is quite a stretch, but if I find something, it could help others who were not fortunate enough to be allowed to write their final exams (and therefore complete the semester), since their punishment violated the agreement, on Mohawk's behalf to adequately educate and test them, as (I presume) the contract would state.
Regardless, I need to get a copy of that agreement, and read through it carefully. I'm not great at legal-ease, but I'm better than most.
Food for thought, regardless.
Tuesday, April 27, 2010
Rethinking...
Labels:
breach,
client,
contract,
corporation,
dicipline,
exams,
Mohawk,
Mohawk College,
Policy,
policy violation,
Suspension
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