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  1. #1
    Join Date
    Nov 2008

    Default Is College Discrimination a Defense to Student Loan Debt

    My question involves civil rights in the State of: KY.

    About 25 or so years ago, I attended a culinary school in KY. About half way through, after a break, I was told I couldn't attend any of my lab classes because I had a beard. The rule was, no beards. At the end of the prior semester (?) break, I approached the chef in charge of the program, and asked what my options were because I had issues with shaving. He told me that if I had a Dr's note about my ability/inability to shave, I could still attend class/labs. After the break, I showed up with a beard and a Dr's note that said I was having an allergic reactions to shaving, and that I should be allowed to have a beard. Chef Hickey (?) said I would be fine.

    During my first lad, he had me pulled out of my lab, and told me that I couldn't attend any labs if I has a beard. Do I have any repercussions? As a result, I thought since I got kicked out, that I wasn't obligated to pay back any of my student loans. I get it now. A government loan is a government loan. A few years ago, I was taken to court by the US Attorney General's office and forced to back the loan. They didn't care why I stopped paying. I have now fallen behind on paying back the loan (s), because the USAG changed to e-pay, and I was never able to get any info on where to send it, much less how secure their system was, and what other options I had. Again, what options do I have.

  2. #2

    Default Re: College Discrimination

    Find a way to repay the loan. Any claim you may have had against the school, has long since expired, not saying you would have had a viable claim to begin with. People with beards was not protected group 25 years ago, and is not now.

  3. #3
    Join Date
    Oct 2014

    Default Re: College Discrimination

    If the school received federal funds then it was subjec to the federal Rehabilitation Act of 1973. Under that Act, the school could not discriminate against you because of a disability. I've never heard of an allergy to shaving itself; simply cutting hair would not trigger an allergic response. But the products used in shaving, whether the nickel in many blades or the shaving cream/gel often used for shaving could cause an allergic reaction. Assuming that you could not find a way to shave by switching products that would solve the problem that allergy might have constituted a disability and if so could have pursued an accommodation under the Act and if the school did not provide one you could have sued to get the accommodation or sue for damages. The problem is that you needed to do that 25 years ago when you were attending classes. It is far too late to sue the school over it now.

    The student loan lender does not guarantee the quality or conditions of the school that you choose to attend. Your contract with the lender is separate from your contract with the school. So you were on the hook for the money you borrowed regardless of how things turned out at the school. You now evidently have a judgement against you by the Education Department. If you had any defenses to the lawsuit you needed to present those during that litigation. The judgment is now final so and beyond the time for appeal so you are stuck with that. Moreover, student loans are not dischargeable in bankruptcy unless you can show undue hardship. If you want to explore that option, see a bankruptcy attorney. It is not easy to do. Apart from that, as doucar says, about your only other option is to work out some way to pay it.

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