distance education personal jurisdiction

[ReverendRick]

I was a student residing in Kansas taking classes from a 100% online university in Arizona (Northcentral University). I encountered a couple of instructors who didn't follow the school's published policy guidelines. The school officials did not correct the instructors actions when brought to their attention and subsequently dismissed me from the school. This has resulted in a loss of $15,000 since the completed coursework cannot be transferred to an equivalent school.

Can I initiate a lawsuit against the univerisity in my home state of Kansas? Does Compuserve, Inc. v. Patterson 89 F.2d 1257 (6th Cir 1996) have any applicability to my situation?

Thanks!
Rick

 

[seniorjudge]

Check the contract you signed.

I suspect you will have to go to Arizona.

 

[ReverendRick]

I'll take another look at the agreement tonight. Is there any special terminology to look for?

Northcentral University (NCU) is the 2nd 100% distance learning school in the US to be regionally accredited. Touro is the first. The home of NCU is in Arizona, but only has administrative staff and webservers. The students and the instructors are spread through the world and communicate only (required, but sometimes not followed) via the webservers. Class materials like books are purchased from Amazon.

Since there is no requirement to ever go to Arizona as part of the degree programs, I'd like to suggest that each student's mailing address becomes an adjunct school. I would be able to file in Kansas based on personal jursidiction. Thoughts?

 

[ReverendRick]

Some additional thoughts...

http://www.temple.edu/lawschool/dpost/outline.htm

The web page cited above is a discussion of personal jurisdiction as it pertains to internet contracts and transactions.

As set forth in the case of Zippo Manufacturing Company v. Zippo Dot Com, Inc., 952 F.Supp. 1119 (W.D.Pa., Jan 16, 1997): "At one end of the spectrum are situations where a defendant clearly does business over the Internet. If the defendant enters into contracts with residents of a foreign jurisdiction that involve the knowing and repeated transmission of computer files over the Internet, personal jurisdiction is proper. E.g. Compuserve, Inc. v. Patterson, 89 F.2d 1257 (6th Cir.1996). At the opposite end are situations where a defendant has simply posted information on an Internet Web site which is accessible to users in foreign jurisdictions. A passive Web site that does little more than make information available to those who are interested in it is not grounds for the exercise personal jurisdiction."

Suppose a 100% internet-based school in Arizona enters into a contract with a student in Kansas. The terms of the contract involve nothing more than the exchange of files and interaction with the school's website. The school also enters into contracts with other students of the same foreign jurisdiction. If a student in Kansas files a lawsuit against the school, would Kansas have personal jurisdiction? Does the school effectively transact business within the foreign jurisdiction?