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Todd Bruce Kotler
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Todd Kotler’s Answers

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  • How can i sue a college or university for over charging tuition fees?

    I have been reading that the university of phoenix is under investigation for over charging it's students i was a student and have been paying a ridiculous amount of money in student loans to pay for only 15 credits the university accredited me. P...

    Todd’s Answer

    There are to many unstated variables in this question. See a local attorney and be prepared to answer, what contract exists between the student and the school? How long ago was the contract executed. Did the student receive at least those 15 credit hours?

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  • Can a young child's preference be used to change a custody order?

    Per our court order, I am the residential parent; my ex has been deemed unfit and has standard visitation of one evening a week and every-other weekend. My ex is trying to change this and regain custody, saying our 7 year old prefers to be with th...

    Todd’s Answer

    I agree with my colleagues, and write only to provide you to a link to a guides I wrote. One of them actually discusses in fairly specific detail the various factors a court must consider when determining a child's best interests. A handy list of them are found within R.C 3109.04(F), though that statute actually contemplates shared parenting, the list of factors are a great reference.

    Good Luck, and for the record I do practice in Summit County.

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  • As a martial arts school owner, can I refuse service/membership to someone just because I don't like their personality?

    I know that I cannot refuse service for protected classes (disabled, sex, race, religion, nationality), but can I refuse service to someone for generic reasons: I don't like their personality, politics, attitude, etc? And what if they are a payi...

    Todd’s Answer

    I agree with my colleagues that it really depends on the wording of your contract. It would seem to me that even if you could end the services you could only equitably keep the money for the service actually provided. (at least in Ohio)

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  • Can I sue the former ATI Career Training Center in OKC, OK in regards to job placement, loans, accreditation and testing?

    I attended the school in 2007 graduated with the prior class in 2008. During so I never received any money for books, or anything pertaining to school. After graduating I never received job placement, nor was able to test through the American Regi...

    Todd’s Answer

    You may also wish to contact the firm that represented the plaintiff class in the 2012 suit, and see whether you might still be brought into the class. Again the statute of limitations is critically important so do check the law in the sate where the claim arose.

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  • University Organization Chain of Command Authority

    In a university, what person/position has the authority to terminate the employment of its faculty/staff members, is that the Dean Of Student Affairs?

    Todd’s Answer

    One has to contact that university or (if it is public one can look it up) ask about the job description or various personnel. Each Dean typically has authority over the faculty / staff members within a particular college or department. However, in many cases their decision is typically really a recommendation to a board of trustees or some other committee.

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  • What law governs online education programs you paid for but now are being denied access, even though access is advertised?

    I purchased an online educational program from a podiatrist in TN on foot care. He recently denied my access to the program because I have my own online educational programs. (different programs...nothing taken from his.) I have asked for my mone...

    Todd’s Answer

    Mostly the remedies are found in standard contract law for the state in which you reside. You may even pursue a case in small claims. The difficulty in all these cases is how to attach assets or otherwise collect on a judgment assuming you prevail. Contact a collections attorney in your area for better guidance

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  • I am a public school teacher, in st. Louis mo., I was put on a leave from my job for saying to another teacher in her classroom.

    I was put on this leave after seeing distrist psychologist that found me "mentally deficient". I have been out of work since June with no incime, I'm single. It was petty what they did, I have my own psychologist that has never diagnosed me with ...

    Todd’s Answer

    This is actually more of a labor and workplace question than an education question. It shall be categorized as such.

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  • Can I be denied a Professional License in NY if I owe the NYS department of education money?

    My situation is a double whammy.... I owe the NYS dept of education money for owed tuition ( I withdrew from a state university a day past a deadline and was unfortunately was on the hook for the tuition years ago, which I am currently paying on a...

    Todd’s Answer

    If you have an outstanding issue, and a licensing board has asked a question that raises whether or not to disclose the problem, it is nearly always better to go ahead and disclose with details as to how you are going to fix or have fixed the problem.

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  • Is it illegal to falsify educational credentials

    someone says they have college degree when they do not

    Todd’s Answer

    One isn't likely to be arrested for this kind of fraud, but they will likely be fired ans sued depending on who (or how many) relied on the falsification and the other damages that flowed from that detrimental reliance.

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  • Can I sue my university for my dorm making me physically ill?

    This year I am in an old dorm that always smells and makes everything in the room moist. Last year girls that lived in the same building on the same floor were constantly getting sick and going to the hospital. There was mold in one of the rooms s...

    Todd’s Answer

    Attorney Popovich identified the two hurdles I saw, proof causation (difficult in many personal injury and malpractice cases) and the likelihood of not having a jury trial remedy.

    Good Luck

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