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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I was forced to withdraw from a masters program without any

Customer Question

I was forced to withdraw from a masters program without any warning when the professor that was my supervisor filed the application. I was continually told I had more time and it was never suggested that being forced to withdraw was a possibility. I have emails that verify this. Additionally my student record has a "required to withdraw" note on it which could and will negatively affect any future educational plans I might have. I was blindsided by this and now that I am employed full time it would be financially impossible for me to return to the program to complete my masters. Im interested in my legal options in this case, particularly financially, which would allow me to take the time from work to complete my masters. The university typically avoids court.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Did you already go ahead and withdraw?Did you appeal the decision?
Customer: replied 1 year ago.
Its not an option to not withdraw it is stated as "required to withdraw" it would be like being required to quit your job even if you dont want to, there is no appeal process, all you can do is reapply and hope they accept you, at youre own expense.
Expert:  Legal Ease replied 1 year ago.
How do you know there is no appeal process. That is not possible for any university in Ontario. Is this a private community college?
Customer: replied 1 year ago.
I asked if there was an appeal process I was informed there was not. It happened at McMaster university. I spoke to my supervisor after asked her to undue what she had done and she said she would not, she inquired and said that the graduate office said I had to apply for readmission but I would have to pay, I felt that was an inappropriate request as the professor/supervisor had acted in an unprofessional and dubious manner, she in fact lied to the graduate department regarding a due date which she extended but told them I had missed, which I have emails to verify. At the time I had been ill and wasnt in the position to put up a fight I did what I could at the time but now I feel I've really been robbed of an opportunity that I cannot have again without being financially penalized because I would not be able to work my job as it is shift work.
Expert:  Legal Ease replied 1 year ago.
When was this?
Customer: replied 1 year ago.
June 2014
Expert:  Legal Ease replied 1 year ago.
McMaster has a very detailed and comprehensive appeals process and you could certainly have appealed but you were mislead and also sick and didn't deal with this yourself. So at this point you would be out of time to appeal. But given that you were ill and mis-lead it may be that they will allow you to appeal now. First you should read this:http://www.mcmaster.ca/policy/Students-AcademicStudies/StudentAppeal.pdf Essentially there are internal appeals first and after that you can appeal their decision to Divisional Court if necessary. In my view this is going to be too hard to do on your own and so you should consider retaining a lawyer in Hamilton to at least write to the school on your behalf. You were treated badly but more importantly you were treated unfairly. You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free. The number is: 1-***-***-****That should be your next step. I know you may not be able to afford a lawyer to sue or even to do the appeal but paying a lawyer to send them a letter will not be prohibitive and they may realize they need to address you fairly or they will end up in Court.
Customer: replied 1 year ago.
In fact the reason I cant quit my job is because it pays 60k a year and full benefits, but it will be over in September 2016, if I had a 12$hr job that would be a different situation. So paying a lawyer isnt out of the question, and yes I know letters usually get the job done.
I do want to sue or at least threaten to sue them its the only way I could possibly afford to continue my studies, I need the required to withdraw removed from my records no other grad program will look at me with that on there.I was asking about an opinion on the possibility of success and in such types of claims what would be an amount that the school would simply pay rather than litigate over?Bot***** *****ne if I said I wanted $50k, assuming I am completely in the right, think the school would balk or just pay to avoid possible litigation and precedents?
Expert:  Legal Ease replied 1 year ago.
I don't think they will pay you anything without being ordered to do so. I think you will be able to get reinstated based on your facts. If you don't want that I think they would refund your money and remove the notation from your record.

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