The Second District Court of Appeals held last week that there was enough evidence to proceed against a college for a violation of the Ohio Consumer Sales Practices Act, but not for breach of contract or fraud.
That case involved two former college students who were not granted degrees based on the fact that neither of them successfully completed externships at the end of their programs. However, the students successfully argued that the College had not provided the full surgical technology program during their regular term of
enrollment. Moreover, the College made the students wait a number of months after they had completed the "academic" portion of their program before providing them externships despite the fact that the college had represented to incoming students that it would provide them with a course of study culminating in a required externship during the final term.
The Court found that, as viewed from the perspective of the students, this could amount to a violation of the Ohio Consumer Sales Practices Act, as it could be unfair and deceptive. In so doing, the Court reiterated its previous precedent that requiring a consumer to wait for performance under a contract could amount to a violation of the Ohio Consumer Sales Practices Act.