Legal Question in Education Law in North Carolina

Refund for overseas trip

I was going to study abroad this summer in college. My question is the legality of the contract. Yes I did sign it and yes I did pull out of it. However, in order to study abroad it is clearly stated in the college's handbook policy that a student must be in good academic standing. At that point I was not. I was asked by professors as well as Doctor's at Duke to pull out of the program. Everyone thought I should stay and work on my GPA. However arent I entitled to the whole refund, due to the fact that I was illegally inrolled, and was asked to resign? I feel that I should get the whole refund back because I was never suppose to be allowed to go anyway, according to academic policy. I paid $1200 dollars and only recieved $600 back. I was also have cancer, so the doctor's at Duke feel the same way. Do I have a case? Thank you and take care

Sincerely,

Jason Flatt


Asked on 6/24/03, 7:08 pm

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Refund for overseas trip

Did you know you had cancer before you signed up for the trip? If not, then you should be able to negotiate with them into giving you your money back as a matter of goodwill.

However, as a student at Duke, I suspect you knew your grades were not up to snuff when you applied, which robs you of that argument.

You're not "entitled" to a full refund if you entered into a contract knowing you weren't qualified, because you have taken up university resources to administer your trip and they are not responsible for eating that cost.

You might have more luck re-nogotiating your student financial aid package instead.

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Answered on 6/25/03, 11:07 am
Mark Williams Rice Law, PLLC - Web Based & Downtown Office

Re: Refund for overseas trip

If you were receiving Title IV Student Financial Aid Funds pursuant to the Higher Education Act of 1965 in order to pay for all or a portion of the study abroad, you may be entitled to the protections afforded under federal law.

Check with an attorney about this option.

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Answered on 2/01/09, 9:29 am


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