Posted by Jillian Estes on Mar 9, 2010 in
Case Updates It’s been a little while since our last update, so I just wanted to check in and let you all know that we’re still hard at work on both cases that have been filed against Westwood College and Westwood College Online.
The class arbitration is still stayed while we are waiting on a decision from the Supreme Court about another arbitration case. The Supreme Court case has nothing to do with Westwood, but there may be some procedural issues that overlap so our arbitrator wanted to wait and see how that one turns out to be sure we proceed properly. We believe the decision will come out in the next few months, hopefully June at the latest. As soon as there is more information available, we’ll let you know. While we’re waiting on that, we are well underway with seeking and providing discovery for the named Claimants.
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Posted by Jillian Estes on Jan 12, 2010 in
Case Updates I hope this finds everyone well and that you all had a very happy holiday season. We are continuing to work hard on your behalf and look forward to what this new year will bring for all of you. This post is to provide an update on the status of the lawsuits, and to give a little background to the many students who have contacted us recently and may be new to this site. As many of you know, there are two active class action suits against Westwood College. One was filed in May, 2009, on behalf of all Westwood College, Westwood College Online and Redstone College students who attended the school after May, 2005. The second suit was filed in November, 2009, on behalf of the students who attended Westwood College Online while living in Texas.
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Posted by Jillian Estes on Dec 14, 2009 in
Case Updates Hi All,
Sorry to be a few days late in posting these documents – things have been incredibly busy around here!
On Dec. 2, 2009, Westwood had its response brief due to our Motion for Clause Construction. This is all part of the first step of the arbitration process that Westwood chose, where we ask the arbitrator to determine whether the case is procedurally able to proceed as a class action. This step doesn’t have anything to do with the merits of the actual case, but is still very important as the School will try to stop all of the students from fighting back with a unified voice. If any of you choose to read it, you’ll see that Westwood used the opportunity to attack the arbitration process, traditional not-for-profit schools, the James Hoyer firm and even the Westwood students. As an example, Westwood even spent several pages arguing that national accreditation is actually better than regional accreditation! I’m guessing that any of you who have tried to transfer your credits, get a higher degree or even get a job probably have something different to say about that…
Claimants’ (the students) Reply was due on Dec. 9, 2009. We opted to stick to the proper legal proceedings, rather than buy into the temptation to respond to Westwood’s unrelated and inappropriate rantings. We view their response as a sign of frustration, not as an actual legal argument. There are proper standards for legal pleadings and we don’t want to compromise our professional integrity just to respond to their low (and inaccurate) blows. The time for pointing out the flaws to their arguments will certainly come, so be patient. You can click here for the Documents page with all of the briefs.
We do not ever take for granted how much faith you, as students, have put in us to help you. We take our obligations very seriously and pride ourselves in being zealous advocates for you. We have taken every step we can to continue to involve each of you in the proceedings, as this is your case. We have a phone conference with our arbitrator set up for Friday, Dec. 18 to set a time for oral arguments on the Motion for Clause Construction. I’ll post an update on here with that information as soon as it’s available. As we’ve said so many times, we’re here to help you so do not hesitate to reach out to us if you have questions, comments or concerns.
I am hoping to have an update on the separate class action lawsuit regarding Westwood College Online’s unlicensed operation in Texas. As soon as I have new information for you, I’ll post it here.
Best to you all,
Jillian
Posted by Jillian Estes on Dec 8, 2009 in
Case Updates For students who are still working on making their college decisions – Congratulations on your interest in continuing your education. Selecting a school to attend is one of the most important decisions you’ll ever make. Long after graduation, your decision can impact your career opportunities and financial obligations.
When deciding which school is right for you, it’s essential that you get all the facts. To help you get started, we’ve prepared some questions you should know the answers to when choosing a school.
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Posted by Jillian Estes on Nov 18, 2009 in
Case Updates Hi Everyone,
As you can see, it’s been a very busy couple of weeks for our investigation into Westwood College. Let me fill you in on what’s been going on.
On November 11, we submitted our first brief for the class action arbitration that was filed in May. I’ll attach it to the Documents page for anyone who is interested in reading it. This brief is for a phase called Clause Construction where the arbitrator determines whether the arbitration agreement permits us to proceed as a class action. Westwood’s response is due on December 2. We then have an opportunity to respond to anything they say, and that’s due by December 9. Our arbitrator will then have as much time as he needs to make his decision, but the arbitrators tend to be pretty efficient. I’ll post all of the briefs and the decision as soon as they are available. Remember, this is your case, so it’s always a good idea to check out what both sides are saying. If you have any questions about it, you can always send us an email with your questions.
On Monday, November 9th, the James Hoyer firm filed a second class action against Westwood College on behalf of Westwood College Online students living in Texas. Westwood has been operating Westwood College Online without a certificate of approval that is needed to operate a distance learning program in the state of Texas. The suit was filed in Travis County, TX and was covered by TV stations KHOU in Houston and KTVT in Dallas. So far, Westwood has said: (1) the law is antiquated – even though it was modified in 2005, (2) they didn’t know they were supposed to be registered – even though their website said they weren’t allowed to operate in Texas and they did anyway, and (3) the law doesn’t apply to them because they have a ground campus in Texas – even though the online school is not owned or operated by any of the Texas schools and the law requires each campus or program to be registered.
You can see the letter that the Texas Workforce Commission sent to Westwood College advising them that they are operating illegally in the state on the documents page. Westwood has been granted an extension until November 28 to respond to the letter, and their deadline to file a response to our suit is December 7.
Please see the FAQ page to understand if you are included in either or both of the proposed classes for the two lawsuits that have been filed. If you still have questions after checking the page, email us with your specific questions, and we’ll return your email as soon as possible.
While we continue working every single day on your cases, please continue sending in your stories and information, as they are making a huge difference! We’ve already heard from more than 500 students through our website and Facebook, and each story is so important. Former employees have also continued to come forward and confirm everything students are saying and to provide invaluable evidence and insight. You are your own best advocate, and telling your story is the first step to holding Westwood accountable for what they have done to your lives.
Westwood has also set up a site now for them to gather student stories. They want to hear good things so they can try to convince more students to ignore all the negative publicity, but it’s very important for you to tell your stories too! By sharing your story there, you’ll be able to see whether Westwood is posting truthful responses, or only picking out the good stories to continue using deceptive practices to lure in new students. If you want to tell Westwood and potential students what has happened to you, go to this site: http://www.westwood.edu/your-story/
As always, if you have any comments, questions or concerns, please email me. It may take me a little while to get back to you because of how many emails I have coming in, but I’ll get back to you as soon as I possibly can.
Warm regards,
Jillian
Posted by Jillian Estes on Oct 26, 2009 in
Case Updates Hi Everyone,
Today was the first conference with our arbitrator, called the Preliminary Hearing. The main focus of this step is to set a schedule for the first phase of the case. The first phase is called Clause Construction, where we show that there is no class prohibition in the arbitration clause that students were required to signed at enrollment. Our brief is due on November 11, 2009, and we’ll post it on here as soon as it’s available. Westwood has until Dec. 2, 2009, to respond, and then we have a week to reply to their response. After that, the arbitrator will have oral arguments and make his decision. As I’ve told you before, it’s a long slow process, but it’s a critical step in the proceedings and we’re ready to move forward with this issue.
Also, the Washington Monthly ran a brilliant piece by Steve Burd about sub-prime student lending in for-profit schools. I think many of you will recognize the students’ stories as very similar to your own. Our case is also mentioned towards the end as an example of these new “institutional loans” that schools are using to further prey on their most vulnerable students.
We’re continuing to hear from more students every single day and we have many former employees continuing to expose Westwood’s practices. Please keep your eyes out on here and on the Facebook group for updates as to how you can be involved and have the opportunity to tell your story. You are all doing a great job advocating for yourselves in this situation, and we encourage you to continue telling your story and fighting back! As always, if you have any questions, comments or concerns, don’t hesitate to contact me.
Best,
Jillian
Posted by Jillian Estes on Oct 6, 2009 in
Case Updates Hi Everyone,
Hope you’re all doing well and enjoying these first few weeks of Fall! Just a quick update to let you know that the Preliminary Hearing with our new arbitrator has been scheduled for October 26, 2009. We’ll meet by phone with the arbitrator and Westwood’s attorneys to go over basic procedural issues, work on a schedule, and just get some housekeeping issues covered. We’re really looking forward to this conference, as it will mark the start of actually getting into the issues of the case and hopefully bringing you all some relief as soon as possible.
In the mean time, keep doing what you’re doing! We’re hearing from more and more of you every day. It’s heart-breaking that so many people have been victimized by this school, but I’m so proud of you all for being empowered to speak up, tell your stories and refuse to let Westwood get you down. Fighting back is working! As always, if you have questions, please do not hesitate to be in touch. Otherwise, continue to check back here for updates – we’ll post them as soon as they are available.
Best,
Jillian
Posted by Jillian Estes on Sep 21, 2009 in
Case Updates Hi Everyone,
Just a quick update to let you all know that an arbitrator has been selected to hear the class action case against Westwood College. We are very comfortable with the selection, and we believe the arbitrator’s strong background as a neutral will be a useful tool in moving this case forward towards a favorable resolution for each of you.
Now that the arbitrator has been selected, the first thing we do is a phase called Clause Construction. This phase will determine whether the arbitration agreement that you all had to sign as part of your enrollment package allows this case to proceed as a class action suit. There are many other schools that use an identical form and there has never been an issue proceeding as a class before. However, we have no doubt that Westwood will challenge the clause (yes, even though they wrote it and they made you sign it!), so it is still a very important step. As always, we recognize that you are all hurting from this school’s actions right now and time is not a luxury you can afford, so we are committed to pushing this case forward as quickly as possible.
We’re hearing from so many new students on a regular basis, so if this is your first time to this site, please look around as there is a lot of very valuable information posted here. We will continue to use this site to post any new information, documents or case updates as they become available. Click on the “Case Updates” category to the right to see a running list of all the case updates. If you have any questions that are not answered on this page, please do not hesitate to contact me.
Best,
Jillian
Posted by Jillian Estes on Sep 11, 2009 in
Case Updates Hi All,
Sorry it’s been a little bit since our last update. The reason is that there hasn’t been much of an update on the lawsuit front lately. That’s not a bad thing, it’s to be expected. This is the slowest stage because we have to do background research on all the potential arbitrators, make our selections, and then wait to see if we have any matches with the people who Westwood’s lawyers picked. We’ve submitted our second round of choices and are waiting to hear if we come up with a match this time.
In the mean time, keep on fighting! We’re still hearing from dozens of new students every week, so I know that you are all doing a great job getting the word out. We’ve got some new aspects to our investigation stirring up over here as well, so we’ll let you know about those as soon as possible.
Check back next week, hopefully we’ll have an update on the arbitrator by then and we’ll be ready to tell you how we’re moving forward next!
Have a great, safe weekend,
Jillian
Posted by Jillian Estes on Aug 22, 2009 in
Case Updates Hi All,
I hope you liked the piece on ABC World News. They were only able to scratch the surface of all of your complaints in the time they had, but it’s the first step in exposing to the rest of the world the kind of scam that Westwood is running.
As to the case, we are still in the process of selecting an arbitrator for our class action case. In the first round, we had two common names between our list and Westwood’s list, but neither of those people were able to serve, unfortunately. So, we start again with a new list of 15 options that we’ll review and rank, and hope for another match. If it doesn’t work this time, we go one more round and then the arbitration association will appoint someone. I told you this can be a long, slow process! We’re keeping it moving forward as quickly as possible, and more importantly, we’re keeping the pressure on from all angles.
Keep checking back for more updates – we’ll post them as soon as they are available!
Best,
Jillian
