[NAGDU] Dispute resolution

[Tracy Carcione]

I would have thought that people would want to be assured of due process,
especially if they don't own the dog legally.  I guess it's that old idea
that bad things only happen to bad people, and surely my school wouldn't
treat me unfairly.
Perhaps we should try for a resolution calling for due process.
Tracy


-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of NAGDU President
via NAGDU
Sent: Tuesday, May 10, 2016 9:45 AM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Cc: NAGDU President
Subject: Re: [NAGDU] Dispute resolution

Tracy,

	The unfortunate part of what you say is that it is true. When we
introduced our resolution last year concerning ownership upon completion of
training, the resolution failed because many people falsely believe a
training program would not remove a dog without cause. This leads to a very
convoluted discussion of what constitutes cause and who has the authority to
assess such cause. Without ownership, a consumer has very little recourse.
Even with ownership, as is the case with Fidelco and Southeastern, the
contracts are so loaded in favor of the program that, I believe, a court
might rule in favor of a consumer should it be contested. Let me share what
I mean.

	In the case of fidelco, their agreement says they transfer
ownership, yet state Fidelco has the right to repossess the dog at any time
at their sole and absolute discretion. Though I am not an attorney, I
believe a court would rule it cannot be both ways. Ownership carries with it
certain rights, one of which is the right to retain possession and not have
that possession interfered with unless there is a legally supported
justification for such a rescission of that ownership and cannot be done
without due process. Therefore, fidelco cannot repossess property at their
sole and absolute discretion, as this would be considered grand larceny un
der the law.

	As for the ownership with Southeastern guide dog, they mandate
retirement at age 10 or 11, I do not remember which. If a consumer chooses
to work their dog after that age, Southeastern has little recourse under the
law. They cannot remove the dog, as this would be considered larceny, as
well. They can repossess the harness but the consumer still has the ability
to purchase another harness and the right to work the dog.

	Those who contend a training program would not remove a dog unjustly
has not been on my end of a telephone call with someone whose dog has been
or is being threatened with removal without cause. Perhaps if they would put
themselves in the places of these consumers or hear the pain I hear when I
tell them there is nothing that can be done because they do not own the dog,
perhaps they would change their minds!



Fraternally yours,
Marion Gwizdala


-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Tracy Carcione
via NAGDU
Sent: Tuesday, May 10, 2016 8:29 AM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Cc: Tracy Carcione
Subject: [NAGDU] Dispute resolution

Julie J brought up dispute resolution yesterday, and I think it's an
interesting topic, and one that's often neglected.

I don't remember anything about dispute resolution in the contracts I've
signed, though I may have forgotten stuff.

I do remember signing something that said I can't hold the school
responsible for anything, pretty much.

The biggest dispute I can think of is a school saying a dog must retire or
be repossessed, and the user saying No.  I don't think, with most schools,
the user has any recourse, and I think that's a problem.  It doesn't come up
with TSE, since I own my dog, and, in the end, I say what happens, right or
wrong.

Tracy

 

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