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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 1611
Experience:  Run my own successful business/contract law practice.
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what are my rights as a student when I feel my contract has

Customer Question

what are my rights as a student when I feel my contract has been violated at an hours based institution in which I have signed a contract
Submitted: 5 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

Could you explain the situation in greater detail? How do you feel your rights were violated? How was your contract breached? Why exactly where you suspended--what happened?
Customer: replied 5 years ago.
At the cosmetology institute I go to it is an hours based program. we are allowed to miss a total of 8 days before we are out of contract. in the contract we are required to stay within 90% attendance and maintain a 80% GPA. I missed three days of school two weeks ago during a final. Even if I was given a zero for my final and the days are counted against my attendance, I am still with in the guidelines of my contract because my GPA and Attendance were so high before I left for the three days. My absence is being considered unexcused because I did not give them proper information regarding my absence, which is fine, Im not disputing that, but they have now suspended me because they dont think my reason for being gone is valid. They have told me that my options are to either repeat 300 hours that I have already completed or to withdrawal. I would still owe them full tuition if I withdrawal or I would pay $6000.00 extra tuition if I repeat the hours already completed. Again, this is not based on me being out of contract for my grades or attendance. they are basing it on if they think i had a valid reason to be absent.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

I see. Was providing adequate reason for missing school part of your contract or agreement with the program? Was anything stated in writing that you had to provide a valid reason when absent?
Customer: replied 5 years ago.
No there was never anything in the contract about what is an acceptable excuse for an absence. You only have to provide that if you request a leave of absence. I did not request a leave, because I did not need one and my attendance was not affected. Nothing was stated in writing that I had to have a valid reason unless I wanted full credit. I am not asking for full credit. Even if i were to take the zeros for my projects being turned late, I would still have a high enough gpa to still be with in the required contract gpa
Expert:  Dimitry K., Esq. replied 5 years ago.
Final question, please--are they requesting that you take over the full semester, or just the class where you missed the classes? Also, while they may require an 80% gpa, are any zeros or incompletes permitted?
Customer: replied 5 years ago.
Zeros are permitted as long as they dont affect the 80%. which they do not, and the projects are not incomplete because they were turned in upon my return, the next day after they were due. they are only requiring me to retake the 300 hours from the class that i missed the three days from. Again my absence did not affect my attendance to put me out of the 90% range. they are saying that it is based on "ethics" and whether or not I was honest in the reasoning for missing school.
****I have been waiting over 15 mins. is anyone working on this still?
Customer: replied 5 years ago.
is this still being worked on? ive been waiting for an answer

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