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Legal opinion needed (students suing SFU)


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#1 canuckbeliever

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Posted 13 November 2012 - 02:57 PM

For those of you that are unaware, there is a bitter battkle going between the SFU Teaching Assistants/Sessional Instructors union (TSSU) and SFU. TSSU wants more money, SFU will not give it so they have decided to go on strike

There has been escalating action in last 2 months and it is getting serious now. There is strong sspeculation among TA's that the union is going to go to a pass fail system for grades. So basically at the end of the semester, students will not get an actual GPA rather a pass or fail with there GPA staying stagnant at whatever it was. This causes issues for those of us working our tails off this semester trying to get our GPA up because all of that effort will not accredited. Rather the cumulative GPA will be the same as what it was at end of last semester.


The only thing that might save this from happening is if students decide to sue the university. One of my professors was telling me that he thinks SFU will cave in or work out a deal simply because SFU students would have a real case and would probably win any lawsuit that they threw to try toget their grades. He thinks SFU lawyers will realize the possibility for them to get burnt in any lawsuit thrown there way and as a result they will have to work out a deal. The basis for the lawsuit would be students saying there is an implied contract when we give our money to SFU. We give them money for them to give us grades and simply going to a pass fail system doesnt constitute as an actual grade


I need your folks opinion. Do you think students at SFU could win if they decided to sued the university for not getting there grades

Edited by canuckbeliever, 13 November 2012 - 03:08 PM.

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#2 SkeeterHansen

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Posted 13 November 2012 - 03:06 PM

For those of you that are unaware, there is a bitter battkle going between the SFU Teaching Assistants/Sessional Instructors union (TSSU) and SFU. TSSU wants more money, SFU will not give it so they have decided to go on strike

There has been escalating action in last 2 months and it is getting serious now. There is strong sspeculation among TA's that the union is going to go to a pass fail system for grades. So basically at the end of the semester, students will not get an actual GPA rather a pass or fail with there GPA staying stagnant at whatever it was. This causes issues for those of us working our tails off this semester trying to get our GPA up because all of that effort will not accredited. Rather the cumulative GPA will be the same as what it was at end of last semester.


The only thing that might save this from happening is if students decide to sue the university. One of my professors was telling me that he thinks SFU will cave in or work out a deal simply because SFU students would have a real case and would probably win any lawsuit that they threw to try toget their grades. He thinks SFU lawyers will realize the possibility for them to get burnt in any lawsuit thrown there way and as a result they will have to work out a deal. The basis for the lawsuit would be students saying there is an implied contract when we give our money to SFU. We give them money for them to give us grades and simply going to a pass fail system doesnt constitute as an actual grade


I need your folks opinion. Do you think students at SFU could win if they decided to sue the university for not getting there grades



No.
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#3 Tig'ol Bitties

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Posted 13 November 2012 - 03:10 PM

I need your folks opinion. Do you think students at SFU could win if they decided to sued the university for not getting there grades


Your original grammar usage was better.
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#4 CanucksSayEh

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Posted 13 November 2012 - 03:35 PM

If you got the right guy to do it then i don't see why not. You are paying ( a lot ) for a service that is sub par and can have negative impact on your future. If enrolling in school is any kind of a contract where you are held to certain standards, so should they. Very different but same principle as a teacher harassing a student, they have certain obligations.

Edited by CanucksSayEh, 13 November 2012 - 03:35 PM.

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#5 Offensive Threat

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Posted 13 November 2012 - 03:40 PM

My sister is in Human resources at the office of faculty relations at UBC. She works directly with the Lawyers there and they are all following this situation very closely. The overall belief there is that the TSSU is going to be the first to blink.

If your thinking about taking legal action against the University the first course of action is always to go on message boards to talk to a bunch of nobodies about it.

How bout this: If you think your situation is actionable consult a lawyer.
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#6 Wetcoaster

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Posted 13 November 2012 - 03:40 PM

Get a legal opinion from an experienced lawyer that you pay for said opinion.
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

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#7 CanucksSayEh

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Posted 13 November 2012 - 03:43 PM

If you win, we should use it as precedent to sue the NHL & NHLPA for the the lockout.
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#8 canucklax

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Posted 13 November 2012 - 03:51 PM

If you win, we should use it as precedent to sue the NHL & NHLPA for the the lockout.


Not the same, we don't get graded for being fans.

University is a means to an end to a better life, watching hockey is what people do on weekends
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#9 RonMexico

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Posted 13 November 2012 - 04:01 PM

Not the same, we don't get graded for being fans.

University is a means to an end to a better life, watching hockey is what people do on weekends


You mean like spending 4 plus years to get a degree that is required for an entry level job making minimum wage?
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#10 canucklax

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Posted 13 November 2012 - 04:05 PM

You mean like spending 4 plus years to get a degree that is required for an entry level job making minimum wage?


I'm not going to be working at starbucks once I have my degree
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#11 Wetcoaster

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Posted 13 November 2012 - 04:28 PM

I'm not going to be working at starbucks once I have my degree

And so many say that but then reality intrudes.

You may be correct however and you will not work at Starbucks but consider practising this marketing phrase - "Can I upsize that meal for you?"
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

Quando Omni Flunkus Moritati

Illegitimi non carborundum.

Never try to teach a pig to sing - it wastes your time and annoys the pig.

#12 TOMapleLaughs

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Posted 13 November 2012 - 04:31 PM

Lawyers always want money... when it's available.

Perhaps this thread should not have hinted that there was perhaps money available, then they are relative knights in shining armour, fighting on behalf of the common man for the greater good.


I cannot help you, but i certainly am sick of seeing students being used as pawns in labour disputes. Hopefully students' rights won't be ignored forever. Perhaps a shining knight lawyer will take up that cause and stoke up a class-action suit while they're at it.

Sadly, more will be said about this than done, as usual.
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#13 canucklax

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Posted 13 November 2012 - 04:37 PM

And so many say that but then reality intrudes.

You may be correct however and you will not work at Starbucks but consider practising this marketing phrase - "Can I upsize that meal for you?"


I think I'd rather just work at getting into the co-op program here so I'll have job experience before graduating
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#14 canuckbeliever

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Posted 13 November 2012 - 05:40 PM

I personally would not touch a lawsuit. I do not have the effort or time or money to organize it . I think it will work itself out at some point. I just needed an opinion from others to know if they think this is even possible.
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#15 SOB for MVP

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Posted 13 November 2012 - 06:35 PM

Students would not win, dont bother.
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#16 Wetcoaster

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Posted 13 November 2012 - 06:37 PM

I personally would not touch a lawsuit. I do not have the effort or time or money to organize it . I think it will work itself out at some point. I just needed an opinion from others to know if they think this is even possible.

And how would "others" have a clue about this quite complex legal question?

I am a lawyer and i would have to do some research before I offered an opinion on this matter.
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

Quando Omni Flunkus Moritati

Illegitimi non carborundum.

Never try to teach a pig to sing - it wastes your time and annoys the pig.

#17 Imuzi

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Posted 13 November 2012 - 06:43 PM

What wrong with working at Starbucks? :shock:

Damn Yuppies.

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#18 Wetcoaster

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Posted 13 November 2012 - 06:58 PM

What wrong with working at Starbucks? :shock:

Damn Yuppies.

1000th Post :towel:

Or Tim Horton's.

36, 580th post :towel:
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

Quando Omni Flunkus Moritati

Illegitimi non carborundum.

Never try to teach a pig to sing - it wastes your time and annoys the pig.

#19 Markus Alexander Cody

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Posted 13 November 2012 - 07:00 PM

The only issue students are having right now are getting their grades back and some students wishing classes weren't cancelled.
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#20 canucklax

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Posted 13 November 2012 - 07:14 PM

What wrong with working at Starbucks? :shock:


I've had a bad experience there ;)
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#21 kazin!

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Posted 13 November 2012 - 07:55 PM

I hope you lead the charge. It'll be flawless.
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#22 Imuzi

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Posted 13 November 2012 - 08:57 PM

Or Tim Horton's.

36, 580th post :towel:

Not fair you've got 4 years and a couple months on me <_<
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#23 Peaches

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Posted 13 November 2012 - 09:07 PM

Didnt you already start a thread like this?

Not trying to be mean, just wondering.
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#24 Dittohead

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Posted 13 November 2012 - 09:42 PM

For those of you that are unaware, there is a bitter battkle going between the SFU Teaching Assistants/Sessional Instructors union (TSSU) and SFU. TSSU wants more money, SFU will not give it so they have decided to go on strike

There has been escalating action in last 2 months and it is getting serious now. There is strong sspeculation among TA's that the union is going to go to a pass fail system for grades. So basically at the end of the semester, students will not get an actual GPA rather a pass or fail with there GPA staying stagnant at whatever it was. This causes issues for those of us working our tails off this semester trying to get our GPA up because all of that effort will not accredited. Rather the cumulative GPA will be the same as what it was at end of last semester.


The only thing that might save this from happening is if students decide to sue the university. One of my professors was telling me that he thinks SFU will cave in or work out a deal simply because SFU students would have a real case and would probably win any lawsuit that they threw to try toget their grades. He thinks SFU lawyers will realize the possibility for them to get burnt in any lawsuit thrown there way and as a result they will have to work out a deal. The basis for the lawsuit would be students saying there is an implied contract when we give our money to SFU. We give them money for them to give us grades and simply going to a pass fail system doesnt constitute as an actual grade


I need your folks opinion. Do you think students at SFU could win if they decided to sued the university for not getting there grades


It's Their. Fail. lol had to.
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#25 canucklax

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Posted 13 November 2012 - 11:58 PM

It's Their. Fail. lol had to.


The "to sued" part didn't bother you?
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#26 Dion Phaneuf

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Posted 14 November 2012 - 12:36 AM

I've had a bad experience there ;)


Took the wrong drink? ;)

On topic: A lawsuit would be pointless.
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#27 n00bxQb

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Posted 14 November 2012 - 02:40 AM

Turning to the interent, and CDC of all places, for legal advice is probably on par with asking your taxi driver for medical advice or asking your bartender for stock tips.
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#28 CIA

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Posted 14 November 2012 - 10:07 AM

Turning to the interent, and CDC of all places, for legal advice is probably on par with asking your taxi driver for medical advice or asking your bartender for stock tips.


To be fair, many of the taxi drivers were medical professionals before immigrating to Canada. ;)
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