Caveat emptor, beware buyer, to Minnesota and many other U.S.A. college students.  You are completely vulnerable.  The courts do not recognize a cause of action for educational malpractice.

The result is "diplomatic immunity" and a "license to kill" for colleges.

I learned this the hard way after spending $40,000 and 2 years in a Practical Nursing Program at a state college in Minnesota only to be dismissed, without cause, 6 credits short though my GPA was 3.8 on 4.0 scale.

My lawsuit was dismissed without being heard when the Minnesota Attorney General (state colleges are an arm of the state) motioned for dismissal citing Alsides v. Brown Inst., Ltd.

If you have to earn money for college particularly in the military this is a serious inequity.  As a veteran of the United States Army I must say that the public policy considerations used to reject educational malpractice claims make military service and higher education mutually exclusive. See Defendant's Memorandum p 5 reason (2) reproduced on this site in You be the Judge.

Under Alsides colleges are not responsible to any standard and suffer no consequence for abandoning their clients even after accepting large sums of money.  Neither are they obligated to fulfill advertised promises, for exampe, equal opportunity education.  This means there is no penalty for deliberate unfairness.  Contrast this with the traumatic burden a soldier experiences in qualifying for military education benefits.  In 2008 (and now 2009) the U.S.A. is in a state of war and any soldier abandoning duty can be charged with desertion.

Under Alsides, courts cannot be asked to inquire "into the nuances of educational processes and theories".  Courts can be asked to inquire into the nuances of soldiers' performance on the battlefield and almost any other contract.

This "diplomatic immunity" and "license to kill" gives college faculty unchecked power to destroy students' academic and financial futures.  Faculty may do as they please under the guise of "professional judgment" to make students regret opting out of traditions like handing an envelope full of cash to their clinical instructor on the last day of class.

Attending college is not repayment in kind for military service!

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