Man sues over West Point tuition ( Ex-cadet kicked out for failing test )

[rainbow4321]

http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-westpoint_13met.ART0.North.Edition1.43e2e4e.html

A former West Point cadet from Dallas has sued the Defense Department in federal court to stop the government from demanding tuition after he was kicked out for not running fast enough.

Charles Chesnutt Jr., a law student at Southern Methodist University, said in the lawsuit that he enrolled at the U.S. Military Academy at West Point in the fall of 1998.

After he couldn't pass the running test, he was asked to leave in spring 2001 and honorably discharged from the Army, he said.

But in 2006, Mr. Chesnutt received a letter from the Defense Department demanding that he pay about $114,000 for his three-year education. The letter said the Army had determined that Mr. Chesnutt failed the test on purpose, according to the lawsuit.

[Captain Hilts]

1. It's been that way for nearly 200 years. He got credit for those years at his next college.

You know when you sign up. You have an OBLIGATION to the US military after your second year. That's when you raise your right hand. The only way to get out of your commitment is to pay tuition or become a warrant officer.

[Missy M]

2. He received the 3 years of education...

and didn't live up to the agreement, so he should pay the tuition. Why would he expect a free education.

[rug]

4. The issue is whether he failed the running test on purpuse or not.

They threw him out. If he physically could not do it but they threw him out, he honored the commitment.

[Missy M]

6. Was the running test only given after three years?

Did he pass the test prior to that? The article doesn't say but I don't think he should have that three year education for nothing. I don't think Southern Methodist University is giving him a free education.

[Nikia]

9. You have to pass physical fitness tests even to get in

I don't know often they test but there is a continual physical training program. I would think that there would be people who would notice if he was having trouble keeping up with the other cadets.
In the article, he claimed that he had knee problems. I would have thought that an army doctor would have seen him and determined if he had an actual injury or was just trying to get out of the military (or perhaps a combination).
At my college, at least 2 students in my graduating class were service academy drop outs due to injuries. Both of them had gotten injured within the first year though.

[ThomWV]

7. So Does He Get 3/4 Of A Commission?

You don't go to one of the service schools to get an education, you do it to get a Commission in such a way as to rise rapidly in the ranks.

Besides that, what possible difference would it make if he couldn't run fast enough for the army?

[Missy M]

8. What you are saying is you don't get an education at....

West Point, the Naval Academy or the Air Force Academy. That is news to me.

[Nikia]

10. You do actually get an education that is at worst, above average

At best, one of the best college educations that you can get. You get all of this monetraily free in exchange for military service.
I could not go to West Point because I scored below average on one of the physical fitness tests. Given the situation now, I am glad that I did not get admitted. I think that I would have gotten a good education though.

[rfranklin]

3. Has to be a Republican....they want govt. dollars for free...

and if there's a dollar in your pocket they think it's theirs.

[Coyote_Bandit]

5. There are private colleges and universities

that have fitness criteria for students. Oral Roberts University requires students to earn an average number of weekly aerobic points, maintain a healthy body fat percentage, pass a fitness class, and pass a 3 mile run EACH SEMESTER. If students do not meet the criteria then they are on probation the following semester. If they don't meet the criteria then they are dismissed from the university. Students also have to pass a swimming proficiency exam in order to graduate.

ORU has been sued unsuccessfully several times. Reason being that there are accomodations available and all prospective students are advised of the expectations. Students who are overweight need only lose an average of a half pound of weight weekly during the semester. There are alternatives available to those who cannot run regularly. And there are accomodations for handicapped students.

I can't see that this guy from West Point has much of a chance of avoiding that tuition payment. Physical performance expectations of military personnel are well known. It appears he did in fact comply with those expectations until he was several years into his enrollement. Question really is one of physical capability. Unless he can show that he became medically incapable of continuing to meet those expectations then it will be implied that his intent was noncompliance.