Some information from MSU’s Legal Counsel on the transcript holds issue. ~d
From: Taylor, Leslie C
Sent: Thursday, April 24, 2014 11:04 AM
To: Humberger, Laura; Holden, Bonnie; Ashley, Bonnie; Houser, Frieda
Cc: Leist, Terry
Subject: RE: Registrar's and transcript holds
The Ball State case has no application to us in Montana and is limited to the court’s jurisdiction in Indiana. I would also argue that we have authority through the BOR policy while they are arguing a “common law lien.” Finally, we do have case law in our jurisdiction that has upheld our right to withhold transcripts. Juras v. Aman Collection, 829 F.2d 739 (9th Cir 1987). In that case, the Ninth Circuit court considered a case which involved a student debtor who had attended Montana State University. The student debtor challenged the withholding of transcripts by the university because of outstanding debts. The court upheld the university’s right to withhold the transcript as a means of debt collection.
Leslie C. Taylor
Legal Counsel
Montana State University
211 Montana Hall
P.O. Box 172420
Bozeman, MT 59717-2420
(406) 994-4570 Phone
(406) 994-1893 Fax
From: MACRAO Listserv [mailto:MACRAO@LISTSERV.GFCMSU.EDU] On Behalf Of Williams, Kathy - Registrar
Sent: Thursday, April 24, 2014 9:56 AM
To: MACRAO@LISTSERV.GFCMSU.EDU
Subject: Re: Registrar's and transcript holds
This is interesting. Putting a hold on the transcript is really one of the only avenues we have to try to get students to pay their bills. I forwarded this to our business office as well as our Vice Chancellor for Administration and Finance. The VC suggested that we as a group work to get something in the state statutes about this so if we get sued, we’re covered. Maybe a good topic for the next meeting.
Kathy J. Williams, MBA
Registrar/Executive Director of Enrollment Management
(406) 496-4266
From: MACRAO Listserv [mailto:MACRAO@LISTSERV.GFCMSU.EDU] On Behalf Of Dena Wagner-Fossen
Sent: Thursday, April 24, 2014 8:40 AM
To: MACRAO@LISTSERV.GFCMSU.EDU
Subject: Registrar's and transcript holds
Is this making news in Registrarland? I had not heard of the case before seeing this.
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