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This is all irrelevant. You’re talking about individual situations. I’m talking about a supposed general mandate at a private school which allegedly prevents students from signing early in December. Credit status is a side issue that has nothing to do with my point that I’m questioning whether Aquinas really has this policy (I’ve never seen where this is stated) and if they do, how they can legally enforce it.
The answer likely lies in your first post on the subject -- freedom of contract. Any policy STA (or any other private school) has about athletes graduating early or signing an LOI early would likely be covered by the enrollment/attendance contracts between the school and the parent/guardian and/or student. And even if that policy is not specifically addressed, there is likely some catch-all provision in the contract. So if, for instance, a school has an enrollment contract wherein the parent and student agree to abide by all formal policies and procedures of the school, and the school adopts a policy/procedure regarding early enrollment or early signing, the parent and/or student is arguably bound by the contract they signed not to enroll early or sign early.
I’m not a contract lawyer, even though I direct and manage teams of contract lawyers, both internal and external, through multiple negotiations.
I can tell you this. Contracts that include general catchall phrases are generally unenforceable and never stand up when challenged. The only possibility is that Aquinas added a clause this year specifically addressing the early signing period. Even with such a clause, what would be their remedy for non-compliance? Expulsion of the student? That would be draconian and counterproductive due to a a guaranteed torrent of negative publicity
They may have this policy, enforced by hierarchical and peer pressure, and people may abide as in most policies at private schools. And the policy may remain unchallenged. But that does not mean that it is in any way a policy that they can actually enforce if someone was dead set on early enrolling.
By the way, we still don’t even know if they have this policy. No one has ever confirmed this to my knowledge.
Um, OriginalCanesCanesCanes, you are one of the best posters/members on here, but your assertion that general catchall phrases (ambiguously defined) are unenforceable is absolutely incorrect. i am a contract lawyer and address very detailed contract issues everyday.
no opinion on whether STA's policy of not allowing early enrollment is enforceable or not, since i have not seen it
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