07-17-2008, 02:32 AM
Bad luck for Reverend Rick in his court case. As might be expected, the defendant NCU prof apparently lied through his ass, although the good Rev. is too genteel to phrase it quite that way (not us though!).
Although the scumbag prof's blatant, bald-faced lies weren't the basis of the court's decision, they do demonstrate the utter lack of integrity one finds from top to bottom at NCU.
Anyone thinking about enrolling at NCU ought to read Rev. Rick's account carefully. That could be you fending off your prof's bogus statements about welcome messages and lack of communication. If a guy will lie under oath in court he certainly will lie under any other circumstance.
We hope those who have beefs with NCU will contact Rev. Rick about the proposed class action lawsuit against NCU.
1st Court Case Results
Although the scumbag prof's blatant, bald-faced lies weren't the basis of the court's decision, they do demonstrate the utter lack of integrity one finds from top to bottom at NCU.
Anyone thinking about enrolling at NCU ought to read Rev. Rick's account carefully. That could be you fending off your prof's bogus statements about welcome messages and lack of communication. If a guy will lie under oath in court he certainly will lie under any other circumstance.
We hope those who have beefs with NCU will contact Rev. Rick about the proposed class action lawsuit against NCU.
1st Court Case Results
Quote:The judge found in favor of the defendant. Dr. Muller filed a countersuit, but that was dismissed by the judge.
The given reason for the judge's finding was that I wasn't able to show that there was a contract between the instructor (Dr. Steven Muller) and myself as the student. I was only able to show a contract between NCU and myself. The judge's decision went no further than the contract issue.
From my interpretation of the judge's ruling, the only entity that can hold the instructor responsible for his/her actions is the school, not the student. It would seem there is no recourse for a student where the instructor behaves badly, issues an unsatisfactory grade, then is shielded by a University that wants to defend an image that they have active and engaged mentors.
I'm under the assumption that the judge would have cited any jurisdiction issues first if I could not establish personal jurisdiction for the lawsuit in Kansas. Citing the CompuServe v. Patterson case and providing copies of the original electronically-signed contract from 2002 seemed enough to prove jurisdiction.
Dr. Muller incorrectly stated during the trial that he had contacted me every 4 weeks. I was able to counter his claim by providing evidence via NCU's compass message system that he had no contact with me between 8/23/2007 and 11/2/2007. He also incorrectly claimed to have sent a welcome message at the start of the course indicating the rules of the road for his class. I was also able to show all emails sent by Dr. Muller and that his welcome message was never sent to me.
Dr. Muller also presented a newer version of the Learner's Guide as evidence even though it was not in effect during the class. I provided the version of the document taken from the NCU website as of 12/7/2007. The older Learner's Guide included statements that could hold them and their instructors accountable, statements that have since been changed to the benefit of the school instead of the student.
Total cost out of pocket: about $60, including court and postal fees.
Thanks for the positive comments! I appreciate your support during this David vs. Goliath battle.
Posted by ReverendRick at 12:19 PM 0 comments