[NAGDU] Dispute resolution

Wed May 11 22:23:44 UTC 2016

David,

	I guess I didn't see the other message you sent. NAGDU does have a
well-defined position statement on the rights of guide dog consumers that
includes ownership upon completion of training. . Unfortunately, I lost that
document when my computer crashed, so perhaps Mike or someone else could
send that out to the list for review. It was also published in the Braille
Monitor, but it didn't come up in the search of the archives. I will look
for the entire article and send the link under separate cover.

Marion

-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of David via NAGDU
Sent: Wednesday, May 11, 2016 2:37 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Cc: David
Subject: Re: [NAGDU] Dispute resolution

That's not what I was saying at all, Marion.  I meant that I, as an
individual, would not sue a school. I think the balance, without
organizational backing, would be skewed against me.  I definitely think that
with the backing of an advocacy group such as NAGDU, the balance would be
much more fair and allow the issues to be heard.

A much more sustainable and reasonable approach is for NAGDU to propose,
maintain, and advocate a full ownership position.  I am offended by the
fuzzy concepts that schools take regarding ownership, due process, and
school rights of intervention.

My later one liner was sent to correct a grammatical error that I made in a
prior post.

David and Claire Rose in Clearwater, FL

On 5/11/2016 1:27 PM, NAGDU President via NAGDU wrote:
> David,
>
> 	NAGDU is currently assisting a guide dog user whose dog was removed 
> without cause in spite of the fact that she has a written ownership 
> agreement. She has attempted to resolve this issue with the program 
> and they have been nonresponsive. She has given NAGDU consent for us 
> to speak to them and for them to release any information they have and 
> they are refusing to speak to us. Given the ownership issue, the 
> illegal theft of her dog, their unwillingness to speak to either she 
> or us, do you propose we not pursue litigation against the training 
> program because they are so "venerable"? How venerable is a company 
> that breaches contracts, commits larceny, and then believes they are
immune from questioning?
>
> Fraternally yours,
> Marion Gwizdala
>
>
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of David via 
> NAGDU
> Sent: Wednesday, May 11, 2016 12:39 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Cc: David
> Subject: Re: [NAGDU] Dispute resolution
>
> Well, I wouldn't be comfortable suing a guide dog school. Arguing due 
> process rights with a venerable non-profit IMHO would not be a 
> productive use of money or time. 'Better that these rights be agreed 
> upon before there is a dispute.  A recommendation favoring due process 
> procedures, if any, and full ownership from a venerable advocacy group 
> might help eliminate some of the ambiguity that schools seem to maintain
in their contracts and policies.
> Also, in  my opinion, handlers, schools, and regulators would be 
> better served relying upon local civil remedies than fuzzy ownership 
> ideas.  If there is a perception that a handler's treatment is a 
> problem, then the handler should maintain his or her due process 
> rights that accompany his or her full ownership of the dog under local
law.
>
> David and Claire Rose in Clearwater, FL
>
> On 5/11/2016 11:46 AM, Star Gazer via NAGDU wrote:
>> 				We wouldn't??
>>
>> -----Original Message-----
>> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of David via 
>> NAGDU
>> Sent: Wednesday, May 11, 2016 10:07 AM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users 
>> <nagdu at nfbnet.org>
>> Cc: David <david at bakerinet.com>
>> Subject: Re: [NAGDU] Dispute resolution
>>
>> ... none of us would want to sue,
>>
>> David and Claire Rose in Clearwater, FL
>>
>> On 5/11/2016 9:54 AM, David via NAGDU wrote:
>>> cacy group such as NAGDU.
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