Witholding a degree due to money outstanding - a question

[demon_x_slash]

It is standard practice with Universities that if any money is owing to their institution, from tutition fees to library penalties, they will refuse to issue your degree until the debts have been paid in full. Someone mentioned on this Student forum recently that they had doubts about the practice, and I have always wondered about its legality too (I've known a few people that this has happened to).

 

Does anyone know the legal position that allows the Universities to do this? Is there something set down in law that says that if you have monies outstanding with the University, they are allowed to withold your degree until the debt has been paid? Is there something in law that disallows this practice? If you've passed the academic work, then you have the right to be known as a graduate, as you've worked hard for it; is the University allowed to effectively suspend that hard-earned status just because you are in financial difficulty (indeed, witholding a degree qualification can make entering a particular career track difficult, thus reducing possible earnings even more and delaying the payback of precisely the debt your degree has been suspended for)?

 

This has been bothering me for years now (one of those little niggles that pop up form time to time) and I'd be grateful if someone could clarify the situation for me.

[meagain]

To repeat what I said elsewhere, for the benefit of the Students forum:

 

Enrolling at a university does not IMO create a contract, and certainly does not create an obligation to award a degree under any circumstances. They may withhold a degree for any reason whatsoever, including "looking at the VC funny".

 

Of course, as soon as the degree is issued, it's mostly out of their hands, which is why you only ever find degrees revoked for academic fraud, or conduct unbecoming.

 

Put simply, a degree is entirely discretionary. For an actual "silly" reason for withholding degrees, the earliest chartered institutions would not award you a degree if you were female.

[389shell]

Right, well I have found this if it helps

 

It is illegal to withhold examination marks because of outstanding debt, in that these must be supplied on a formal request being made under the Data Protection Act 1998.

 

It is legally doubtful to withhold a degree certificate on grounds of outstanding debt, since the right to education under the European Convention on Human Rights includes the right to have educational achievement recognized. Withholding the degree may also prevent a student proceeding with a chosen career. (Some colleagues have expressed disagreement with this view, claiming that, while marks cannot be withheld, certificates can, and this gives a final lever to reclaim money from recalcitrant students.)

 

Refusing access to a degree ceremony should not present a problem, provided this is mentioned as a sanction in the institution's debt policy which is drawn to students' attention. Non-attendance at the ceremony will not prevent students from receiving evidence of their educational achievements.

 

If you read the bold type it is quite funny when you read this taken from a university website

 

However, we will withhold the award in the case of any student who is in debt to the College, or to any part of the University, including College and University libraries. This includes unreturned library books and outstanding library fines.

• Degree candidates: No candidate will appear on the finalist pass list until the debt has been settled in full. Attendance at the presentation ceremony will not be permitted unless the whole of the debt has been cleared by the due date.
  
• All candidates in other years who remain in debt to the College will have their results withheld and will not be permitted to re-enrol at the College until the debt has been settled in full.

 

Hope this goes some way to answering your question

[CourseRep]

It's still happening despite OFT recommendation in Kingston University.

Look here:

http://www.denisontill.com/OneStopCMS/Core/CrawlerResourceServer.aspx?resource=cfc8d9e5b8f24175a503ab1bddcfa52a&mode=link&guid=ed74724d8fd844a49597aafe5cc2b5b3

and here:

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft656.pdf page 48, point 4.3

 

Vast majority of Universities are applying such penalties. What is even more evil, the penalty is often for non-academic debt, like library fine or Halls rent arrears!

[meagain]

I am assuming what the OFT is referring to is withholding of a student's end-of-year transcript

[CourseRep]

Most universities will withhold any results, access to services, certificates etc as soon as notified by their finance depat that student is either in debt or not adhering to agreed instalment plan. They will also de-register students after a deadline for payments has passed and some universities will charge up to £200 to re-register.

I am dumbstruck at why NUS is not making a serious noise about it. Bankfodder offered them to help with this...so far silence.

 

BTW- meagain, do you sleep at all? LOL

[demon_x_slash]

CAG is addictive...lol. I just want to make it clear that I'm not talking about tuition fees, as they are the student's obligation in order to get the degree. I am talking about things like library fines, etc., or things that would not affect the educational/academic process.

[Joa]

aah, but even these non-academic debts do affect academic outcomes. For example my uni would withhold students' degrees, transcripts, results if they owe money for halls of accommodation. And this is perverse, don't you think?

CourseRep's experience is not far from mine- money seems to cloud the issue.

[meagain]

As far as I am aware, they cannot withhold the information about your results, since that is covered by DPA, which is why the OFT ruled that Kingston withholding such information because of a debt was unfair.

 

The problem here is that the notion of withholding a degree for non-payment of a debt, regardless of how that debt was incurred, may initially seem unfair, but must we must simply accept it - we can't fight unless we have some basis on which to do it, and that would require that there are specific circumstances under which a university is obliged to award a degree.

[CourseRep]

As far as I am aware, they cannot withhold the information about your results, since that is covered by Data Protection Act

Yep, correct, but having a letter stating your results is not as good as having an official transcript.

but must we must simply accept it - we can't fight unless we have some basis on which to do it, and that would require that there are specific circumstances under which a university is obliged to award a degree.

must we? since when it's OK to withhold degree for debt totally unconnected with your academic performance or payment of your fees?

Despite your opinion, I do believe that the University enters into a contract with a student, contract which is for academic services, paid for by tuition fees. This contract simply has nothing to do with halls of accommodation etc.

[meagain]

Yep, correct, but having a letter stating your results is not as good as having an official transcript.

 

They're the same thing. At least, that's the format I've had my results each time for the last 7 semesters.

 

must we?

 

Yes, because we don't have any other choice. If the university decides not to award you a degree, you have no recourse whatsoever.

 

Despite your opinion, I do believe that the University enters into a contract with a student, contract which is for academic services, paid for by tuition fees.

 

So, how would they be in breach by not awarding the degree? By the terms of your contract, you paid for tuition, and they delivered it. Both sides have performed the contract.

 

There is no contractual provision in respect of the award or otherwise of a degree between you and the university. They retain ultimate discretion on the degree. They have to, it's part of what gives a degree its perceived value. If there was a contract which stipulated "at the end of your course, we give you a degree", it would be impossible for them to exercise their discretion, as all possible controls would unavoidably turn up in Schedule 2 of UTCCR.

[CourseRep]

there is a difference between fulfilling an academic requirements of the course and owing money to the commercial arm of the university. I totally agree with you that academic judgment is reserved by the university. But once you have paid for your course and your grades are calculated to represent a specific degree level, the university should not add non-academic debt to the mix. The law provides for other ways of pursuing debt. Non-academic debt should not be used by universities to bully students into paying for their hard earned, rightfully awarded degrees. Withholding of a degree creates paranoidal situation where student can't get a good job which would allow him to repay the debt.

Universities are very well aquinted with debt collecting agencies- i know that there are some really bad DCAs but at least you've got your degree, you are on the way to get a job and you can negotiate instalments.

There is some work on the way to retain an excellent educational law specialist in order to request a judicial review on this issue. Lots of student union are putting some funds together to fight this ridiculous injustice.

[meagain]

But once you have paid for your course and your grades are calculated to represent a specific degree level, the university should not add non-academic debt to the mix.

 

Right, but - the all-important thing I'm trying to get at here - what can you do about it?

[CourseRep]

Well, at the moment, the fight is happening on the case by case basis and it is very rare, for two reasons; lack of specialists educational lawyers and vast majority of those affected prefer to beg, borrow or whack it on the credit card in order to get the degree and start applying for jobs. Most of the cases though, as soon as they get to the summons level, are settled by the university, i.e. students get degree in return for firm instalment plan.

Why do students have to go through this stress?

I want to underline; if the students owe money, they have to repay the debt. This is not about getting away with it. But denying them their degree, which was awarded for their academic knowledge because of commercial debt is wrong. You probably would agree with me but you are saying there is nothing at the moment that can be done about it. That may be so (although there is, i.e. educ. solicitor, but it's a hassle, lenghty process)- but I am working to have it changed and I not the only one.

Hah, looks like we actualy agree on this, lol

[tobciocc]

Well up untill last year I worked in a University Library and we'd always have to role out the quote to final year students 'if you don't pay your fines you won't graduate'. However my understanding was this was an empty threat and non payment never actually caused this to happen. I thought it was wrong that we even had to say it.

[meagain]

But denying them their degree, which was awarded for their academic knowledge because of commercial debt is wrong. You probably would agree with me but you are saying there is nothing at the moment that can be done about it.

 

Pretty much. "I don't like it but I'll have to go along with it."

 

 

Not to be confused with "Call me a taxi, I'm late for my plane."