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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88661
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I attended National University Polytechnic Institute 2012-2013,

Resolved Question:

I attended National University Polytechnic Institute 2012-2013, graduating from the Professional Certificate in Marine Technology: Diver Medic (Diving and Hyperbaric Medicine) Concentration. The issue is I did not receive the education I was promised. I used my VA Post 9/11 GI Bill to pay for my education.

To help your understand everything I will list the facts first, then my grievances, then my questions.

FACTS:
1. National University Course Catalog #75, Program Decription pages Pages 355-357, Class descriptions Pages374-375
a. Link: http://www.nu.edu/OurPrograms/Catalog.html
b. Right hand side tab: http://www.nu.edu/assets/resources/pageResources/Catalog75.pdf
2. National University Advertisement Flyer:
a. http://i1281.photobucket.com/albums/a519/ErichCA07/NUPI/AdvertisementFlyer_zpseafb641b.jpg
3. Program Specific Certificate details listed below: Page 355
a. http://i1281.photobucket.com/albums/a519/ErichCA07/NUPI/CertSectionNU75_zpsdf2e0974.jpeg
b. States we should receive a Crane Safety Operations Certificate
4. Diver Medic Concentration, Page 355
a. http://i1281.photobucket.com/albums/a519/ErichCA07/NUPI/DiverMedicSectionNU75_zps9375598d.jpg
b. States we should receive the training required for each student to take the Certified Hyperbaric Technologist Exam (via NBDHMT) after completing our internship of 400 hours.
5. Class Description of Class PTMX 1086X: Advanced Hyperbaric Medicine, Page 375.
a. http://i1281.photobucket.com/albums/a519/ErichCA07/NUPI/Class1085-1086_zpsdf2b77e2.jpg
6. Letter Sent to Dean as a complaint.
a. http://i1281.photobucket.com/albums/a519/ErichCA07/NUPI/NUPIComplaintwithSignatures_zps09ac327b.jpeg

GREVIENCES:
1. I did not receive the qualified CHT (Certified Hyperbaric Technician) Training as promised via the academic advisor that recruited me. I did receive the DMT (Diver Medic Technician) Training though. I was promised both training.
a. When we asked the Program Director Mr. William Hyder, he stated the NUPI Program lost their accreditation and he was trying to get it reinstated. He informed us that he should have it implanted by September 2013, and maybe he could work something out where Alumni get a discount. Really I already paid for the training.
b. Cohort A and B of 2012 received both types of training, Classes Cohort C and D of 2012 did not.
c. When we asked the Advanced Diving Medicine Instructor, Eugene Jarhling, about this issue, he stated it was due to the fact that the NBDHMT changed the curriculum and added transcutaneous oxygen testing, and that he was not trained in this method and did not know what it was.
i. The irony of this is that requirement was not entirely new and the practice was around for some time
1. http://www.ncbi.nlm.nih.gov/pubmed/12398146
ii. The other disheartening information given to us voluntarily by Mr. Eugene Jarhling, was that his National Registry Emergency Medical Technician (NREMT-B) Certificate was expired for some time, and that he either never has a NBDHMT DMT certificate or it expired, and that his American Heart Association CPR: Health Care Provider Card was expired. Why is a Instructor teaching me that does not even have the certificates that he is instructing me in?
2. I did not receive my Crane Safety Operations Certificate
a. The Crane was not operational due to some type of fluid leak
b. It was told to the class that we did not need the certificate anyways due to the fact that none of us would operate the crane out in the real world as divers don’t do that. Previous Cohort A and B received their certification.
3. I filed a complaint with the Dean Donaldson, and talked with his Administrative Assistant Javier Serrano. I have receive no information concerning this issue. I visited the Dean’s office and was turned away twice due to not having an appointment and being told the Dean is unavailable. I was advised to talk to the Program Director, which I had.
4. I went to the main office of the Chancellor in La Jolla, CA and once again was turned away, told to talk with the Program Director or the Dean.
5. I contacted Student Services with the complaint and emailed them, I was told that I would receive an appointment if my claim was found to have validity. I called back and have received the answer that a staff member will contact me. Still nothing.
6. I asked the the program instructors and Javier for the school just to pay for another institution that was accredited to come and teach us using the NUPI facility to no avail.

QUESTIONS:
1. What legal action do I have?
2. What are my other options?
3. If there is a lawsuit can I get a complete refund of the program fees?
4. What about my classmates?


I have reached the point that since February 2013 I have been dealing with this and gotten nowhere. I am ready for legal action against the school, and my classmates are willing to sign on but just do not want to devote the time and energy to the paperwork or hassle of fighting the system. I on the other hand refuse to be walked
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If they had uncertified instructors for programs that require you to obtain certification and their program was not certified by the licensing bodies, then your course of legal action is under breach of contract and also for unfair and deceptive business practices for their willful and malicious misrepresentation of their program to you. Your description of their promises and the actual conduct is absurd if you have evidence to prove what you are saying and it is grounds to sue for breach of contract.

You can also report the school to the Department of Education and also the State Attorney General Consumer Protection Unit regarding the apparently fraudulent conduct of the school. Additionally, you can report the school to the Better Business Bureau. All of these agencies will come down with incredible pressure on the school if the school is doing what you say and they are likely to end up paying fines on top of having to reimburse all of the students.

You have grounds to sue for the entite cost of your tuition for them not having the proper program or certified instructors. Also your classmates can sue as well for the cost of the program.


Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

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Customer: replied 1 year ago.
Thank you for the information, do you have any advice on finding a lawyer who will represent students that have no income?And what type of lawyer should I be looking for?
Expert:  Law Educator, Esq. replied 1 year ago.
Generally, a general litigation or consumer protection attorney would take the case and you can look for one at the sme sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org.
Customer: replied 1 year ago.
Thank you
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you. Please do not forget to click on excellent service feedback as that is the only way experts receive credit for spending time with customers.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88661
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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