Barbados Community College: Breach of Contract and Consumer Guarantees
Submitted by Cherfleur
In the High Court of Judicature CV307 of 2019 (Follow up on BCC – Education, Educator and the Masses)
False and misleading information and advice attracting applications to 2
Failure to conduct Grade Appeals as per Statute;
Failure to provide for Electives within the program Finance and Investment;
Including subjects in programs as Electives and denying students’ freedom of choice; Failure to respect Medical Certificates submitted as grounds for supplementals; Failure/refusal to uphold Exemptions granted;
Failure to weed out excessive courses from Finance and Investment program;
Failure and refusal to refund Caution Fee without just legal cause;
Submitting students for Graduation without requisite Graduation requirements;
Transcript Tampering: adding and removing courses and grades from student records; Failure to provide clear and consistent instructions in literature to assist students in making choices and sound decisions;
Providing False and misleading information regarding availability of medical personnel on campuses;
Providing false expectations regarding the weight and quality of programs;
Negligence in recording student data/grades thus resulting in erroneous GPA;
Failure to comply with industry standards for Associate Degree and tertiary education; Bloating programs with unnecessary courses and omitting core requirements; Codifying same and similar courses with different codes;
Failure to respect and uphold Clauses in Handbook relating to students entitlements if unable to sit exams with Medical Certificates submitted;
Failure to graduate on time; as stipulated in Handbook
Failure to provide the same or comparable services and facilities to the student; Denial of academic and economic advancement;
Failure to provide an overall pleasing customer experience;
BCC’s response to the above is an application to Strike Out (primarily) on grounds of the claimant not properly initiating proceedings. In support they supplied Blackstone’s Civil Practice: Commentary (chapter 23 – Statement of Case and Claim Forms)
Quote: claim forms and separate particulars of claim are examples of what the CPR call “statements of case’, a term which applies to all documents in which a party’s case is set out for the other parties and for the court. The former term for statement of case, ‘pleadings’ is still commonly used. How does this help BCC’s case?
Among other questions was: Can you meet the Claim? NO.
There is a very big problem here now because BCC could/should have corrected the 1 major issue of this conflict since 2014 but refused to, refused to submit to Mediation and again at the suggestion of the Judge on July 25 2019 refused to try to resolve the conflict amicably because they hang slavishly to the one only known method of initiating cases.
Not only Attorneys but the local Judiciary too. So the battle is to look for all the i’s and t’s that were not dotted and crossed to save this government operated white elephant from having to pay damages for all the above including 6 years loss of income. It is a travesty.
THE SKY IS THE LIMIT
So the saga continues……