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My son was told by his adviser he had all the classes needed…

Customer Question
My son was told...

My son was told by his adviser he had all the classes needed to graduate. Now that his graduation would have been this December, he is being told he needs another class that is only offered in the Spring semester. Is there any recourse against this?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Massachusetts

Lawyer's Assistant: Has anything been filed or reported?

No, nothing yet, we just found out

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am an unconscious incompetent--don't know what I don't know to ask...

Submitted: 10 months ago.Category: Legal
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Answered in 5 minutes by:
9/28/2017
Lawyer: INFOLAWYER, Attorney replied 10 months ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,650
Experience: Licensed attorney helping individuals and businesses
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Hello and welcome. I am working on your answer and will be right back!

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Lawyer: INFOLAWYER, Attorney replied 10 months ago

If he was told one thing, the school should adhere to it, and offer a substitute class as needed so he can complete on time.

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Customer reply replied 10 months ago
The reason I am asking is because they are not adhering to this, we are to far into the semester for another class now anyway--need to know if there is a precedent on this for legal action
Lawyer: INFOLAWYER, Attorney replied 10 months ago

Normally if they are not adhering it is best to speak to the dean and if needed have an education lawyer contact to work out a resolution which normally avoids escalation into arbitration/litigation as university finds an alternate class or other arrangement including a home study project to ensure timely completion.

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Lawyer: INFOLAWYER, Attorney replied 10 months ago
Good luck! Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 10 months ago
You didn't tell me anything new--I was looking for an answer from someone that understood education law and could advise--so no
Lawyer: INFOLAWYER, Attorney replied 10 months ago

The issue is reliance on a misrepresentation and the university needing to accomodate to avoid student delay. The university will want to avoid an internal hearing on the matter and possible legal action on theory of misrepresentation, violation of policies, breach of contract and lost opportunities including compensatory and punitive damages where conduct was reckless. It could escalate to that but an education lawyer negotiating locally can seek to leverage this and avoid this outcome coming to a faster resolution.

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Lawyer: INFOLAWYER, Attorney replied 10 months ago
You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.
martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Lawyer: INFOLAWYER, Attorney replied 10 months ago

awaiting your reply, thank you.

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