Class action using Detrimental Reliance

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Latest post 10-18-2009 10:30 PM by adjuster jack. 9 replies.
  • 10-18-2009 4:16 AM

    Class action using Detrimental Reliance

    Over 200 students at UCSB Ventura Center were promised a 2 year program when they signed on and began studying for a degree.  UCSB is now going to close the off site campus before most of the students can finish their degree program.  These non-traditional students have no way to finish the program at the main campus, which is at least one hour from the Ventura campus that's being closed.  They have families and work 1-2 jobs.  They relied on the promise of classes being available close to home and in the evening to finish their degree.  Some chose to sacrifice their jobs if the school program could not be accommodated.  Some moved closer to Ventura Center to focus on their degree program. 

    Is quitting a job to earn a degree detrimental reliance if the student believed the promise of completing a degree would afford them the opportunity to find a better job after graduating?

    Would these students have a chance of forcing the university to honor the promise of a 2 year program and continue the off campus studies program until all of the enrolled students were able to graduate within the next two years?  Without this program, 95% of the students will be forced to abandon their education after years of work to get to this point.

    If a class action suit seems reasonable, what type of attorney or legal advice should the students look for?  If the students win, is it possible to force the University of California to pay the students' legal fees?

  • 10-18-2009 6:09 AM In reply to

    Re: Class action using Detrimental Reliance

    You are certainly free to consult a local attorney, but I think that it is unlikely that you would prevail on a case of detrimental reliance under a class action.  Among other things, courts look at detrimental reliance on a case-by-case basis, and everyone's circumstances are different.  The school did not force anyone to quit their jobs to attend.  It's not like an employer saying to a job applicant "Quit your job and incur the cost of moving across country for a new job" then terminating the individual after they do so. 

    Thousands of people in this country work and attend school.  Thousands make sacrifices and drive for hours to do so.  My understanding is that the state university system is facing huge budget deficits this year.  Unfortunately, programs with low enrollments are often the first to be cut under such circumstances.

  • 10-18-2009 4:37 PM In reply to

    Re: Class action using Detrimental Reliance

    As Carol points out, the chances of this qualifying for class action are slim to none.

    racheldecarlos:
    Would these students have a chance of forcing the university to honor the promise of a 2 year program and continue the off campus studies program until all of the enrolled students were able to graduate within the next two years?

    I can pretty much guarantee that the answer to that is no.

    And my question is: What do you mean by "promise"?

    Do you have a written contract between you and the school that, in exchange for your money, you are guaranteed a two year program at that location?

    Or was there just a school catalog offering the two year program? That's not a contract and it's not even a "promise".

    racheldecarlos:
    Without this program, 95% of the students will be forced to abandon their education after years of work to get to this point.

    Sorry, but that's just plain silly. There are many ways to complete an education. Nobody has to abandon anything.

    racheldecarlos:
    what type of attorney or legal advice should the students look for?

    A contracts attorney.

    racheldecarlos:
    If the students win, is it possible to force the University of California to pay the students' legal fees?

    As remote as the possibility of winning is, the answer to that is also no. Each party pays their own legal fees. There are rare exceptions but I doubt if they apply here.

    Feel free to consult an attorney and review your options.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-18-2009 4:47 PM In reply to

    Re: Class action using Detrimental Reliance

    Thank you, Carol, for your prompt response and clear answer to my post.  It's obvious this isn't something the students should invest time and money in.

  • 10-18-2009 4:49 PM In reply to

    Re: Class action using Detrimental Reliance

    You probably stand a better chance to wage a PR contest against UC for the bad faith to start a program and strand several hundred students--but if the entire Ventura center is to be closed I'm not sure I see a win in all this.

     

  • 10-18-2009 4:53 PM In reply to

    Re: Class action using Detrimental Reliance

    Thank you, adjuster jack, for taking the time to answer even the "silly" points of my post.  The students who will be forced to abandon their degree program would be interested in hearing your suggestions as to how they are to complete their requirements.  The nearest university is over an hour away.  Many are single parents who work one or two jobs.  Classes at the university are during the day, usually two days/week.  These students would have to take off an entire day of work to attend class, which they can't afford to do, and have no one to take care of their children if they manage to take off work.  The ones who are unemployed can't afford to commute, even with public transportation.  It's a very bad situation, not silly at all.  But thank you for your comments.

  • 10-18-2009 4:56 PM In reply to

    Re: Class action using Detrimental Reliance

    Thank you, Drew, for this suggestion.  The students are attempting to draw attention to their plight and have a media event scheduled, but with no real drama, like suicides or bombs, the media just isn't interested.  They are taking all options into consideration, though, as earning a degree means everything to them.

  • 10-18-2009 7:15 PM In reply to

    Re: Class action using Detrimental Reliance

    I was about to apologize for the use of the word "silly".

    But, for those students who would be interested in hearing my suggestions as to how they are to complete their requirements, I give you UCBerkeley's ONLINE CLASSES:

    http://learn.berkeley....

    While I was looking I came across many other colleges that offer online classes.

    But I used UCBerkeley as an example in case the immediate response to online classes was a concern about accreditation.

    Here's the results of the google search for California:

    http://www.google.com/...

    I'll bet there are plenty of other University of California locations that have online classes.

    So, yeah, the hyperbolic generalization that all those students will have to abandon their educations under the circumstances you describe IS silly.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-18-2009 9:40 PM In reply to

    Re: Class action using Detrimental Reliance

    adjuster jack,

    Thanks once more for going above and beyond a quick answer to my original post.  I'm not sure why no one else has thought of the idea of online courses.  They certainly aren't a first choice for some students, but if they can't get to the campus, this is certainly an option.

    Okay, the word *silly* stays. :)

    ~rachel

  • 10-18-2009 10:30 PM In reply to

    Re: Class action using Detrimental Reliance

    racheldecarlos:
    Thanks once more for going above and beyond a quick answer to my original post.

    I think outside the box.

    Now that there's an option I wish you all success in pursuing your degrees.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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