The college prides itself in maintaining good relations with its students. It is our goal that you, our current or former student, be completely satisfied with our college, but we recognize that good faith differences of opinion can occur. Recognizing that each student is a unique individual with different needs, concerns, and perceptions, it is the policy of this college to attempt to meet students’ needs and concerns if the College is reasonably able to do so. To resolve disputes quickly, fairly, and in good faith the College has developed this Dispute Resolution Procedure. By enrolling, students agree to follow each step-in good faith. If you have any questions about these procedures contact the College President.
- DISPUTE - If a dispute or concern arises, we suggest that you, the student, and college instructor or the official involved, should both attempt to settle the matter informally between the two of you. That’s really the best resolution to any kind of dispute.
- GRIEVANCE - If the dispute is not informally resolved at Step A above, you must file a written complaint using the term “Grievance” with the College President describing the dispute in detail and the requested solution. A written response and proposed resolution will be provided to you by the college within 30 business days. This timeline could be extended up to 14 additional business days due to exigent circumstances at the sole determination of the institution. All grievance documentation and its disposition will be maintained electronically by the College President.
- MEDIATION - If you are not satisfied with the college’s response at Step B above, you must make a written request for “mediation”. If you fail to file a written request for mediation within one (1) year of the college’s response and proposed resolution and you will be legally barred from filing a lawsuit. The college will pay any administrative fees and mediator fees and shall select a Mediator/Mediation organization, which may include, but not limited to: (a) an American Arbitration Association member; (b) a retired state judge; or (c) an attorney with mediation experience and/or State Bar sponsored training in mediation. The College may waive mediation, in which case either party may request arbitration.
- ARBITRATION - If you are still not satisfied, you are required to arbitrate the dispute. See the college arbitration agreement for details on your obligation to arbitrate.
* The utilization of this dispute resolution procedure does not prevent the student from using the following procedures:
- Students may file complaints with the Accrediting Bureau of Health Education Schools, 6116 Executive Blvd, Suite 730, North Bethesda, MD 20852, Phone (301) 291-7550, https://abhes.org/complaint-process/ and, or
- Students may file complaints with the West Virginia Community and Technical College Systems (WVCTCS), 1018 Kanawha Blvd, East, Suite 700, Charleston, WV 25301, (304) 558-0265 www.wvctcs.org, or other government agencies.
- Students taking online courses have the right to file a complaint with the distance educational national oversight body known as the National Council for State Authorization Reciprocity Agreements (NC-SARA), https://nc-sara.org/sara-student-complaints-0.
- Borrower defense claims filed by Title IV borrowers under 34 CFR Part 685, Subpart D.
These procedures are always subject to current controlling federal, state and local laws and regulations and the institution will follow these laws and regulations in effect at the time of the complaint. Please Note: Sexual harassment claims are investigated according to the institution’s Title IX Policy found in the catalog.
Agreement to Arbitrate Disputes in Lieu of a Court Trial, Jury Trial and/or Class/Mass Action Lawsuit
Except as noted below, to resolve disputes quickly, fairly, and in good faith without using the court system both you and the College (the “Parties”) agree that all disputes, claims, controversies, causes of action, and lawsuits between you and the College or any of its agents or current or former employees or officers and directors (collectively, “Disputes”) will be settled through final and binding arbitration, under the Federal Arbitration Act. The parties will use the American Arbitration Association (AAA) and the AAA Consumer Arbitration Rules as set forth below. If the AAA cannot or will not arbitrate for any reason, the College will apply to the local court to appoint an arbitrator who is an attorney with at least 10 years’ experience as an attorney and 5 years’ experience as an arbitrator.
Arbitration is the referral of a Dispute to an impartial person (an arbitrator) for a final and binding determination of the Dispute. In agreeing to binding and mandatory arbitration, the Parties voluntarily give up certain rights, including the right to pursue a Dispute in court, the right to a trial by a judge or jury, rights to appeal, and other rights that may be available in a court, such as broader discovery rights. As provided by this Agreement to Arbitrate Disputes in Lieu of Court Trial, Jury Trial, and/or Class/Mass Action Lawsuit (or, the “Agreement”), the Parties also give up the right to bring or participate in any class action, collective action, private attorney general action, or any other type of action or proceeding in which anyone acts or proposes to act in a representative capacity on behalf of others.
Note- Arbitration is the last step in the campus “Dispute Resolution Procedure”. The entire procedure can be reviewed in the admissions section of the campus catalog, on the consumer information page of the campus website at www.wvjc.edu, or in the Enrollment Agreement. If you have any questions, contact the Campus President.
I understand this Agreement includes any type of Dispute (except as noted below), including but not limited to, Disputes arising from or related to my education/academics, career success, advertisements or other inducements to enroll, the enrollment process, the Enrollment Agreement, job placement or other services, the student’s attendance or educational experience at or termination from the College, financial aid, student loans, etc., and regardless of whether the Dispute is based on breach of contract, any representation made by the school or its agents, or any law, regulation, tort or equity claim or otherwise. I also agree that the obligation for both parties to arbitrate shall be irrevocable and cannot be waived by either party, and shall apply whether or not I am still in school.
I understand that I may review the American Arbitration Association Consumer Arbitration Rules at http://www.adr.org.
I also agree that each party has the right to have his/her/its case presented individually and ruled upon individually by the arbitrator. As such, I agree that the arbitration shall be conducted and resolved on an individual basis only. I will not combine or join my claim with any other person’s claim, nor will I participate in or allow my claim to be part of any class action, mass action, private attorney general action or multiple plaintiff arbitrations of any kind no matter how described, including but not limited to any type of class or collective action in which anyone proposes to act in a representative capacity on behalf of others. If for any reason the arbitration provisions of this Agreement are invalidated, the agreement for individual consideration of my claim shall apply to all court proceedings. This paragraph is known as the “Class Action Waiver.”
I understand that to initiate arbitration of a dispute I am obligated to pay $250.00 or the cost of civil court filing fees that would be required as if I were filing a civil lawsuit, whichever is less, toward the AAA fees. I further understand that the College will pay the balance of any AAA fees and the fee of the arbitrator, but the arbitrator shall have the right to assess the costs of arbitration against either party to the same extent as a court of law. Each party shall pay their attorney’s fees and arbitration costs to the extent allowed by law.
The Parties agree that this Agreement involves interstate commerce and that the enforceability of this Agreement shall be governed, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. §§ 1-9 (the “FAA”). The law of the local jurisdiction where the campus is located shall apply to the claims made in this arbitration. This Agreement is void where/if prohibited under controlling law unless such law is preempted by the FAA.
I agree my obligation to arbitrate shall be interpreted as broadly as the law allows and shall include, but not be limited to, all Disputes relating to the existence, validity, interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or part of this Agreement to arbitrate is void or voidable for any reason, and I agree that the arbitrator shall have the exclusive authority to resolve any such issues related to my obligation to arbitrate under this Agreement. However, a court with competent jurisdiction shall have exclusion authority to determine the existence, validity, interpretation, applicability, enforceability or formation of the Class Action Waiver in this Agreement, as well as exclusive authority to determine whether 34 C.F.R. §§ 685.206, 668.41, 685.300(e) and (f) are in force and applicable.
I agree that I must file a request for arbitration of any Dispute I may have within five years of the date I discontinue enrollment under this enrollment agreement and if I fail to do so, any claim I have is legally barred and cannot be pursued through arbitration, in court, through administrative agencies or otherwise, except as noted below.
In the event that any part of this Agreement other than the Class Action Waiver becomes legally unenforceable, that part shall be severed and the remainder shall be fully enforceable. If the Class Action Waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then those Disputes will not be arbitrated but will be resolved in court, with the balance of any Dispute to which the Class Action Waiver is enforceable to be resolved through arbitration.
If for any reason this Agreement is invalidated, then I and the College both agree to utilize the Dispute Resolution Procedure described in this Agreement and the catalog, excluding the binding arbitration requirements, and if that doesn’t resolve the dispute, to engage in non-binding arbitration under this agreement as if the arbitration provision was fully enforceable, prior to any lawsuit or other court action. THE COLLEGE AND I ALSO AGREE THAT ANY TRIAL WILL BE BEFORE A JUDGE ONLY AND WITHOUT A JURY, AND WE BOTH IRREVOCABLY WAIVE OUR RIGHT TO A TRIAL BY JURY.
All arbitration procedures shall take place in the county where the campus is located.
I understand that I may seek legal counsel before signing this agreement.
Exceptions to the obligations listed above/Alternate Process For Dispute Regulations-
1. Students may also file complaints with the Accrediting Bureau of Health Education Schools, 7777 Leesburg Pike, Site 314, N. Falls Church, VA 22043, phone (703) 917-9503, https://abhes.org/complaint-process/
2. Students may file complaints with the West Virginia Community and Technical College Systems (WVCTCS), 1018 Kanawha Blvd, East, Suite 700, Charleston, WV 25301, (304) 558-0265 www.wvctcs.org, or other government agencies.
3. Students taking online courses have the right to file a complaint with the distance educational national oversight body known as the National Council for State Authorization Reciprocity Agreements (NC-SARA), https://nc-sara.org/student-complaints.
4. Borrower Defense to Repayment Applications to U.S. Department of Education (the “Department”). Provided that 34 C.F.R. §§ 685.206, and 668.41, promulgated by the Department in 2019, are in force and are applicable (to be determined by a court with competent jurisdiction), the School cannot require the Student to participate in arbitration or any internal dispute resolution process offered by the School prior to filing a borrower defense to repayment application with the Department pursuant to 34 C.F.R. § 685.206(e); the School cannot, in any way, require the Student to limit, relinquish, or waive his or her ability to pursue filing a borrower defense claim with the Department, pursuant to § 685.206(e) at any time; and any arbitration required by this pre-dispute arbitration agreement tolls the limitations period for filing a borrower defense to repayment application with the Department pursuant to § 685.206(e)(6)(ii).
- Modifications to Arbitration Agreement. As required by 34 C.F.R. § 685.300(e) and (f), regulations promulgated by the Department in 2022, the School agrees to the following modifications of this Agreement, but only to the extent and so long as such regulations requiring the modifications remain in effect, which will be determined by a court with jurisdiction. To the extent that 34 C.F.R. § 685.300(e) and (f) are declared invalid or otherwise are no longer in effect as determined by a court of competent jurisdiction, the modifications below associated with the invalidated or rescinded regulation shall become null and void:
- Modification Required by 34 C.F.R. § 685.300(e), only if still in effect (as determined by a court of competent jurisdiction). We agree that this Agreement cannot be used to stop you from being part of a class action lawsuit in court. You may file a class action lawsuit in court, or you may be a member of a class action lawsuit even if you do not file it. This provision applies only to class action claims concerning our acts or omissions regarding the making of the Direct Loan or our provision of educational services for which the Direct Loan was obtained. We agree that the court has exclusive jurisdiction to decide whether a claim asserted in the lawsuit is a claim regarding the making of the Federal Direct Loan or the provision of educational services for which the loan was obtained.
- Modification Required by 34 C.F.R. § 685.300(f), only if still in effect (as determined by a court of competent jurisdiction). We agree that neither we nor anyone else will use this Agreement to stop you from bringing a lawsuit concerning our acts or omissions regarding the making of the Federal Direct Loan or the provision by us of educational services for which the Federal Direct Loan was obtained. You may file a lawsuit for such a claim, or you may be a member of a class action lawsuit for such a claim even if you do not file it. This provision does not apply to lawsuits concerning other claims. We agree that only the court is to decide whether a claim asserted in the lawsuit is a claim regarding the making of the Federal Direct Loan or the provision of educational services for which the loan was obtained.
5. To the extent required by the American Arbitration Association, students may file a claim in small claims (magistrate) court.
These procedures are subject to local controlling law (and for students receiving Title IV federal financial aid, USDOE regulation) and are not enforceable to the extent limited/prohibited by applicable law and do not include sexual harassment claims.