 |
|
February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
|
| |
Jewish World Review
Jan. 11, 2010
/ 25 Teves 5770
Tuition Refunds
By
Rabbi Dr. Asher Meir
| 
|
|
|
|
http://www.JewishWorldReview.com |
Q. Tuition at my school is non-refundable if a student leaves mid-year. Is this a fair policy?
A.
Choosing a school, whether for a degree or for a year of Jewish study, is an involved and agonizing process, and most people find a framework which is suited for them. However, it is impossible to have complete information about the study experience, and in addition people and places go through changes over time. So it is not surprising that there are always a few people who regret their choice and want to leave their place of study in mid-year.
What is the fair reimbursement process?
The simplest way of approaching this issue is to realize that a student is basically hiring the school to provide a variety of services: teaching, lodging, and so on. What then is the fair practice when someone leaves one of these agreements in mid-year?
The Talmud states:
One who hires works and they deceived him, or he deceived them [by reneging right away], they have only resentment against each other [but no claim for recompense]. This refers to a case when they didn't go [to the place of work]. But if the porters went and didn't find grain, if workers went and found the field soaked [and unsuitable for field work], he must give them their full wage. But one who goes loaded up is not the same as one who goes empty; one who works as one who sits idle. (1)
The passage goes on to explain as follows: If the boss or the worker reneges right away, this generally results only in disappointment and a bit of extra effort to find a replacement hire, but no monetary loss. So no recompense is due.
But if the workers actually go to the work site, chances are they will not find any other work that day. So the employer must pay them. On the other hand, they in fact didn't have to work — the porters had to travel the distance, but they didn't have to carry a load; the workers went to the field, but they didn't have to plow or pick. So they receive a somewhat reduced wage.
We can easily apply this law to your situation. A student leaves in the middle of the year. Can the school find a replacement with little extra effort? If so, this is the first case: there is disappointment and some elbow grease, but no monetary loss. In this case, the fair policy would be to just have a small fee to cover the extra administrative time and effort involved in finding a replacement.
Often it is impossible in the middle of the year to find a new student. In that case, we have to ask if the school incurred any costs in accepting the student, and if they have any savings by losing him or her. If the school has fixed enrollment and had to turn down another student to accept you, then you are costing them your full share of the overhead, though you still save them a certain share of fixed costs: your share of food, heating etc. In this case you would be entitled to a very small refund, because the school will save a very small fraction of what they spent or sacrificed to accept you in the first place.
If the school has variable enrollment, then the opposite will hold: the school incurred a very small cost in taking you on; almost your entire salary contributed either to overhead or to profit. In this case, you should be entitled to almost the entire sum. Only what you consumed already, or whatever marginal fixed costs were incurred (perhaps some staff are paid per student, or you necessitated an extra teacher for one course etc.) should be demanded.
It is understandable if the school doesn't wants to adopt an equitable policy, and not negotiate separately in each case. There is an appearance of inequity if the first student to withdraw gets nearly a full refund (because a replacement was found) but the second gets none (because a second replacement could not be found). Or vice versa: the first student gets a small refund (because one student was turned away) but the second gets nearly a full refund (because only one was turned away).
Furthermore, the school may not want to disclose what its precise admission or readmission polices are. But if there is a standard policy, it should take account the above considerations.
Many schools have a "no-refund" policy even though it is quite unusual that the student who leaves is truly a marginal student and no replacement can be found. Such a policy is not truly a refund policy; rather, it is a fine for leaving. Jewish law frowns on punitive fines. Consider the following Talmudic passage:
A person received land from his fellos [as a sharecropper]. He stipulated: If I leave it fallow, I will give you a thousand zuz [in lieu of the crop you would have received had I worked the land]. . . .Rava said, this is a hypothetical condition, and hypothetical conditions are not valid. How does Rava distinguish this from what we learned: "If I leave it fallow, I will pay you in the best produce" [and the condition is enforced]? In that case he did not exaggerate; in this case since he added an extra amount, it is an exaggeration [and his promise is an extravagant one]. (2)
A fine for improper conduct is acceptable if it is approximately commensurate with the loss caused. In the case of "I will pay you in the best produce" the fine is more perhaps than average, because not every sharecropper, and not every year, results in such a crop; but the fine is still reasonable and commensurate, and thus enforceable. But beyond that is not considered reasonable.
By the same token, it is legitimate for a school to adopt a standard policy that well protects them on the whole from the losses involved when a student leaves in mid-year. But in most cases an unvarying no-refund policy will not be fair.
SOURCES: (1) Babylonian Talmud, Bava Metzia 76b. (2) Babylonian Talmud, Bava Metzia 104b
Interested in a private Judaic studies instructor — for free? Let us know by clicking here.
Every weekday JewishWorldReview.com publishes inspiring articles. Sign up for our daily update. It's free. Just click here.
To comment or pose a question, please click here.
ARCHIVES
JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan
administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology.
THE JEWISH ETHICIST, NOW IN BOOK FORM
You've enjoyed his columns on JWR for years. Now the Jewish Ethicist has culled his most intriguing — and controversial — offerings in book form.
HARDCOVER
PAPERBACK
Sales help fund JWR.
|
© 2009, The Jewish Ethicist is produced by the JCT Center for Business Ethics
|
