By signing an Enrollment Agreement, the student agrees that any dispute arising from his or her enrollment at American Business & Technology University, no matter how described, pleaded, or styled, shall be resolved by binding arbitration under the substantive and procedural requirements of the Federal Arbitration Act, conducted by the American Arbitration Association (AAA) at St. Louis, Missouri, or Kansas City, Missouri, under its Commercial Rules. All determinations as to the scope, enforceability, and effect of this arbitration agreement shall be decided by the arbitrator, and not by a court. The award rendered by the arbitrator may be entered in any court having jurisdiction.
I. Terms of Arbitration
- Both Student and the American Business & Technology University irrevocably agree that any dispute between them shall be submitted to arbitration.
- Neither the Student nor the College shall file or maintain any lawsuit in any court against the other, and agree that any suit filed in violation of this Agreement shall be dismissed by the court in favor of an arbitration conducted pursuant to this Agreement.
- The costs of the arbitration filing fee, arbitrator’s compensation, and facilities fees will be paid by the American Business & Technology University, to the extent these fees are greater than a Superior Court filing fee.
- The arbitrator’s decision shall be set forth in writing and shall set forth the essential findings and conclusions upon which the decision is based.
- Any remedy available from a court under the law shall be available in the arbitration.
II. Procedure for Filing an Arbitration
- Students are strongly encouraged, but not required, to utilize the Grievance Policy described in the Catalog, prior to filing arbitration.
- A student desiring to file arbitration should first contact the College President, who will provide the student with a copy of the AAA Commercial Rules. A student desiring to file arbitration should then contact the American Arbitration Association at St. Louis, Missouri, or Kansas City, Missouri, which will provide the appropriate forms and detailed instructions. The Student should return this form to the AAA.
- A student may, but need not, be represented by an attorney at the Arbitration.
III. Acknowledgement of Waiver of Jury Trial and Availability of AAA Rules
The student acknowledges that he or she understands that both the school and student are irrevocably waiving rights to a trial by jury and are selecting instead to submit any and all claims to the decision of an arbitrator instead of a court. The student understands that the award of the arbitrator will be binding and not merely advisory.
The student acknowledges that he or she may at any time, before or after admission, obtain a copy of the Rules of the American Arbitration Association, at no cost, from the College President.