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A.K. v. Western Career College

Case Conclusion Date: 02.05.2009

Practice Area: Education


Description: My client was accused of plotting with several other nursing students at Western Career College to place Visine into one of her teacher's drinks. In case one thinks that placing Visine into a drink is a harmless prank that will merely cause diarrhea - think again! The active ingredient in Visine is Tetrahydrozoline HCL 0.05%. If swallowed, the substance can result in any number of life threatening side-effects, including: respiratory failure, dangerously low body temperatures and causing the injester to fall into a coma. Western Career College instigated an impromptu investigation of my client after another Western Career College student was overheard bragging about her role in placing Visine into her teacher's drink. Following their investigation, and without any substantial evidence to support their allegation(s), Western Career College permanently expelled my client from their school. Western Career College expelled my client despite the fact that she was almost half way complete with her program at Western Career College and had already expended almost $20,000 in tuition fees and other expenses. After my client contacted me with this issue, we determined that Western Career College had materially breached the terms of their contract with my client by wrongfully expelling her. Their actions were causing my client to suffer significant foreseeable damages that we prepared to recover in contractual arbitration with the American Arbitration Association, in San Francisco. Yet, in order to exhaust my client's contractual remedies for the purpose of this arbitration, we appealed the Executive Director's decision to expel my client to the Western Career College Board of Appeals. Although the Western Career College Board of Appeals upheld the Executive Director's decision to expel my client we refused to give up. We appealed the Board of Appeals' decision to uphold the expulsion to the Western Career College President. Due to this appeal, the Western Career College President met with us personally, set aside the Board of Appeals' decision to uphold the expulsion and offered to re-enroll my client into their school. The Western Career College President also went so far as to tell us that this was the first time in the history of Western Career College that a Western Career College President was overturning its Board of Appeals' decision to expel a student! Therefore, my client was successful all around. Her name was cleared, she was offered a spot back in school and she saved significant money by avoiding the cost of litigation.

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