isas complaint against ilsc, on behalf of aya miyazaki

7/30/2019 ISAS complaint against ILSC, on behalf of Aya Miyazaki

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Complaint againstThe ILSC Education Group Inc.Complainant: Aya MiyazakiDate: May 3X., 2013

SummaryWe allege that The ILSC Education Group lnc. (ILSC) has broken multiple parts ofthe Languages CanadaCode of Conduct and other Languages Canada rules and regulations. ILSC has a contract with RyugakuJournal to allow Ryugaku Journal to recruit students for ILSC.Specifically, ILSC and Ryugaku Journal engaged in all ofthe following activities:1. Ryugaku Journal, an authorized agency of ILSC, gave false and misleading information to Ms.Miyazaki in an attempt to recruit her for ILSC.2. |LSCfailed in its responsibility to checkthe documents being provided to students by itsagency. The"Estimate" document [Exhibit A] and "PAYMENT BREAKDOWN" document [Exhibit B] contain noneof the required program details, refund policy, dispute resolution policy or any other terms andconditions.3. ILSC and Ryugaku Journal failed to provide required documents prior to Ms. Miyazaki registering inthe school. No contract was provided to Ms. Miyazaki before or immediately after she registered in

ILSC and she did not receive, complete or sign an "Application for Admission." [Exhibit G] [4. Even after ILSC received the reglstration information for Ms. Miyazaki from Ryugaku Journal, anddesplte havlng Ms. Miyazaki's contact Information, lLsC failed to contact Ms. Miyazaki to ensurethat she had the required information.5. ILSC did not, at any time prior to or immediately following Ms. Miyazaki's registration in the school,provide Ms. Miyazaki with the website address or any contact information for the school.6. ILSC provided the "Policy and Procedure" document [EXHIBIT C] to Ryugaku Journal and RyugakuJournal then provided the document to Ms. Miyazaki after the initial refund policy period had

already elapsed. The document makes no mention ofthe initial refund period or any refundavailable until after the student starts the school.

7. ILSC provided another document, namely the "New Student Package" [Exhibit D] to Ms. Miyazakiand all other students of ILSC that also intentionally left out the full refund policy.

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When Ms. Miyazaki told the school that she wanted to wlthdraw, the school gave her a documenttltled "Request Form for Cancellation." lExhibit E] This document does not include any options forwithdraw before the program starts. ln fact, the school is so confident that they can keep the 75%refund option secret from students until it is too late that they don't even include the 75% option onthe form. Even when they provided Ms. Miyazaki with the Request Form for cancellation they stilldid not provide her with the complete Refund PolicyA school counsellor and a manager engaged in intimldating behaviour when Ms. Miyazaki requesteda refund. The counsellor pressured Ms. Miyazaki to sign the "Request Form for Cancellation" anddenied that she had any recourse to complaint to Languages Canada.

10. ILSC only provided the full Refund Policy to Ms. Miyazaki in a document titled "2013 lLSc FeeSchedule" lExhibit F] on May 2, the day after they asked her to sign the Request Form forCancellation. The Fee Schedule was attached to an Application for Admission [Exhibit G]. Ms.Miyazaki was never given either of these documents by the school or the school's agency. When Ms.Miyazaki requested a copy ofthe contract she was given a blank, unsigned Application for Admissionwhich is included in the Exhibits.

11. The ILSC Refund Policy is unfair to students who may change their mind as soon as one day aftersigning up in the program and would lose 25% or more oftheir tuition. Other ESL schools providefor a 1OO% refund if the student changes her or his mind for at least one week after signing up forthe school. lf the documents provided by the school showed that this school only offers a refund of75% or less the students may choose another school but this choice was taken from them by theschool's intentionalfailure to provide the full refund policy.

12. The school continues to mislead students in the orlentation process by giving them yet anotherintentionally misleading document and then verbally informing students that they only have theright to a refund after the program starts. Even during orientation the students are not given acomplete Fee Schedule and there is no Fee Schedule included in the New Student Package. Manystudents at the school may never have an opportunity to see the complete Fee Schedule and RefundPolicy.

13. The deceptive business practices ofthe school may affect thousands of students who have beengiven intentionally misleading information by the school and denied the opportunity to understandthe program they are entering or having any knowledge of the school refund policy or disputeresolution procedures.

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Background Detailsln December 2012 Ms. Miyazaki visited an agency called Ryugaku Journal lnc. in Fukuoka, Japan andexpressed an interest in studying abroad in the united states. she told the agency that she wasinterested in studying in a college or university language program. She was told by Ryugaku Journal thatit was not possible for her to get a Visa to study in the United States so she should study in canada. Thiswas false information because Ms. Miyazaki could have easily obtained a Visa to study in the U.S. Theagency then convinced Ms. Miyazaki to attend ILSC by telling her it's the top English language school inCanada and met her criteria for being a public school and having an intense program of study. RyugakuJournal lnc. did not give Ms. Miyazaki proper educational counselling and acted only on behalf of itsclient ILSC.Ms. Miyazaki agreed to attend ILSC based on the advice of the agency. She was never given anApplication for Admission which would have included the contract. on Dec 25, 2012, she received adocument written in Japanese titled "Estimate" [Exhibit A] by email. This was scanned as an image andis difficult to read. This document included the following charges:"Support Fee": Yen 84,000Application Fee: S125Tuition Fee: S10,370Materia ls Fee: S140This document did not include any reference to program details, refund policy, dispute resolution policyor any terms and conditions. There was also nocontact info rmatio n, add ress o r we bsite add ress for theschool. The "support Fee" was listed on the same document as the charges from the school but no suchfee is on the school Fee Schedule.on March 25,2oL3, Ms. Miyazaki transferred cAD 513,505.00 to Ryugaku Journal lnc. by bank transferfrom her bank in Japan to Ryugaku Journal's bank account In Japan to register in the language programatILSC. OnApril 6,2013, RyugakuJournal generated a documentcalled a,,pAyMENT BREAKDOWN"[Exhibit B] which detailed the allocation of the amount paid by Ms. Miyazaki. The document states"THIS IS TO CERTIFY THAT RYUGAKU JOURNAL HAS PAID THE BELOW AMOUNT FOR THIS STUDENT ANDTHE BALANCE To BE PAID oN ARR|VAL..." However, this document was not given to Ms. Miyazaki untilApri!12,2073, eighteen (18) days after she paid to register in the school.Attached to this "PAYMENT BREAKDOWN" was a document titled ,,policy and procedure.,, There wasalso a sepa rate copy of the same document [ExH lBlr c] giventoMs. Miyazaki. The contents ofthedocument are in Japanese but they include an incomplete version of the llsc refund policy. Thisdocument a ppea rs to be provided by the school and has the school logo on it. lnthisversionof therefund policy, there is no mention of any refund available to students prior to the start of the program.There is no reference to the school website or reference to the full school name in this document so itwould be difficult for a foreign student to find the school website. ln the document |LSC EducationGroup is only referred to as "lLSC" and, in the school logo,',ilsc.,,We know from speaking to other students entering ILSC that students asking about the possibility of arefund before they start their class are told by ILSC'S agencies that they cannot get a refund. I have metwith five students in the past week who have told me that agencies will not allow students to leave ILSC

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before they start the program and this misinformation given by the agencies is supported by theocuments provided by ILSC.on April22,2013, Ms. Miyazaki went to the schoolfor a group orientation session. A document ti,edNew student Package" IExhibit D] was distriout"J to tr'rJgiJlp ot stuaents in the orientation session.n the last page of this document is a page titled "tLSc STJDENT coNTRAcr., This was the firstcontract provided by the school to the students. There is still an intentionally incomplete refund policyincluded in the New student Package attached to the contract. This Document still does not explicitlyention the Languages Canada Dispute Resolution policy.

The students are not given sufficient time to review the package and contract especialy since many ofhe students signing the documents do not have a rrri.i"nttf r''igt, level of English to understand whathey are siSning The document was explained to the students in Japanese but the school counsellorreviewed the contract very quickly. The contract references tre Reruna policy but the nerunJ eoticy stiltnly includes the "eterrsgl.plgcrallllet ,,section. This phrase is the only phrase underlined in thentire document. lt is also in bold printwhen the schoor counselor, Ms. Akie ohori, reviewed the document with the group of students shepecifically read the phrase "after the program starts.,, g".;rre .ta.re. started the next day somestudents would potentially ask for a75% iefund on tt,i, o"y uul tne school intentionally continued toide this option from the students. The school emphasizes ttre lact of a refund option still potentiallyavailable to the students on that day in writing anj r"inrorc"l ,e "lt"red policy verbally. There were nother documents given to Ms. Miyazaki on thii d.y. sp"cirla y, no Fee schedule was included in theew Student package or provided to students sep.r.,"rv. ar"n if the schoor had suppried a compreteefund poricy and Fee schedure on Apr 22, it wourd have come rong after tt," ,"girtr"tion. it-i, .r"aayoes not meet the Languages canada code of Ethics requirement ttrat "lg-ergreslirtr,s' studentseceive a crear statement of the Member program's fee and refund poricv as we as any other contractequired bythe program." some students r.y h.r"rriJrhe Apprication for Admission and FeeSchedule but Ms. Miyazaki did not.

After attending crass at |LSC for ress than one week, Ms. Miyazaki rearized that the schoor did not meeter criteria and she decided that she wanted to reave rLSc. lrre quicHy concruded that the agency hadmisrepresented the schoor to her. she went to the rLsc office on ruay r,2013 to withdraw rii theThe counse|or gave her a form titred "Request Form for cancelation,, lExhibit E] which Ms. Miyazakicompleted The form onry provides three options for percentage of program compreted: ,,Less than 10%/ Less than 30% / or 30% or more and onry 3 0ptions for "Refun-dabre percentage on paid ruition:,, ,,30%/ 3jo/o / o%."The "Request Form for Cancellation" is the only form that lLSc makes available for refunds so it is clearhat they have no intention of providing refunds to students before the program starts or they wourdhave included the "before your program starts,, options of ,,75% or 5400,, and ,,75%.,, Ihisform alsomakes no mention of Languages Canada Dispute Resolution procedure or any other policy.Ms' Miyazaki returned to the school on May 2, 2013 to discuss the refund with a witness from lsAs. Athat.time, the schoors staffgave farse information to rvrs. vifazati in an attempt to scare her intostaying in the schoor. Among other things, the student was tord that she wourd have to give her Study

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Permit to the school and that she would be reported to lmmigration if she left the school and thatlmmiBration would call her. Our witness, Ms. Asuka Sugiyama, kept a record of the conversation.On May 2, for the first time, Ms. Miyazaki was given a document titled "2013 ILSC Fee Schedule."lExhibit Fl On the back of the document (this was stapled with the Fee Schedule on the front) is the"Application for Admission." [Exhibit G] Ms. Miyazaki was never given the application for Admission byher agency or the schoo I priortothisday. Theschool counsellor showed the section ofthe RefundPolicy pertaining to leaving the school after classes started (and used a pen mark to show this section onthe form). While looking at the fee schedule Ms. Miyazaki saw the section about refunds availablebefore the start date of classes for the first time. She was surprised to see that she would have beenable to withdraw with a larger refund before the classes started.When Ms. Miyazaki asked about theA translated extract ofthe conversation between Ms. Miyazaki and Ms. Aki Ohorithe school counselloris as follows:

Ms. Miyazakij I come back here todoy because I would like to pick up the copy oftherefund document which I signed yesterdoy. Also, if there is ony controct betweenme ond your school? lf so, could I hove o copy of it? [Ms. Miyozoki did not sign acontroct when she registered but she wonts to hove the school odmit to this.lMs. Ohori: sure. Pleose woit for o moment ot woiting oreo.Ms. Miyazaki: O(.

[Ms. Miyazaki and Ms. Sugiyama are sent to the reception area and wait there for afew minutes. They are then called back into the office. Ms. Ohori hands Ms.Miyazaki the 2013 ILSC Fee Schedule with a blank Application for Admission on theback.lMs. Miyazaki: ls this the contract?Ms. Ohori: Yes. This is a controct Irom the school. However, becouse you come toour schoolfrom Ryugoku Journal, you olreody signed o controct between Ryugokulournol ond you onywoys. lMs. Miyazaki did not, in fact, sign a contract withRyugaku JournallAya: I see...Ms.Ohori: "Doyou hove your Study Permit with you right now? lnorderforustoprocess your refund we need your study Permit. we used our nome for you to getthe Study Permit. You used our LOA to get the Study Permit. We would like to holdit ot this time. [The original Joponese specificolly meons thot the counsellors will

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physicolly keep the Study Permit ond it is cleor thot the counsellor is pushing thestudent to return her Study Permitl. Depending on the cose, lmmigration will phoneyou. They will osk you whot you ore doinq."

This is clearly an attempt to intimidate Ms. Miyazaki. Study Permits are transferable and CIC does notcare where a student is studying as long as they don't change their level of study (e.9. secondary to post-secondary). CIC does not call students to ask them "what they are doing" when a student decides toleave a school. There is no valid reason for a student to be given this information. The student was leftwith the impression that if she left the school she was in danger of losing her ability to stay in Canada tostudy. When Ms. Miyazaki came back to our office she was very concerned that she might have to leaveCanadaif she left the school. This was not caused by a language problem since Ms. Ohorl wascommunicating in Ja panese.Contrary to Ms. Ohori's statements to Ms. Miyazaki, there are no requirements in the school's refundpolicy that specifies that students cannot get a refund without giving their study Permit to the schooland there is no warning that the student will be contacted by CIC if they try to leave the school.OnMay3, I went to the school and met with Hiromi Waka bayashi, Ma rketing Ma nager - Ja pan. Ms.Wakabayashi denied that Ms. Miyazaki was told she would have to return her Study Permit and that shewas not told that CIC would contact her. I gave Ms. Wakabayashi a letter [Exhibit H] requesting that theschool giveafull refund to Ms. Miyazaki. The lettergave notice of the school's violations of theLanguages Canada Code of Ethics and pointed out that the school is also not in compliance with theBritish Columbia Business Practices and Consumer Protection Act.The school contacted Ms. Miyazaki directly by email to tell her that they had a cheque ready for her topick up for half of the tuition amount. on May 17,20].3 Ms. Miyazaki delivered a letter lExhibit l]explaining that she would only accept the cheque under the condition that it be considered a partialpayment of the full tuition amount owed to her. Theschool accepted the letter a nd Ms. Miyazaki pickedup the cheque.

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Languages Canada - Code of EthicsILSC Education Group is in violation of the following parts of the Languages Canada - Code of Ethics:

o Ensure that all stall, students and ogents dre knowledgeable about Ldngudqes Canodo,sA c$ed itdt on Stdn d o rdso Little or no attempt is made to ensure that staff, students and agents understand theaccreditation standards and the school appears to routinely breach the standardsincluding multiple parts ofthe "Standards and Specifications.". Advdnce and promote the virtues and integrity ol Longuages Conddo ond its memberprogrumso The school clearly lacks integrity in dealing with students.. Alwdys provide occurote inlomation about progrdms, seruices, and acodemic expectdtionso The school and agency do not provide accurate program and service informationo Moke oll fees, tems ond conditions, including the refund policy, avoilable in odvance ol astudent registeringo The school and its agent do not provide the fees, terms and conditions, refund policy tostudents in advance of registration or immediately after registration. When the schooldoes provide the information it is intentionally incomplete.o The complete fee schedule, terms and conditions and refund policy were only providedto Ms. Miyazaki after she had attended classes for eight days and only after Ms.Miyazaki asked for a refund.. Ensure that all agents ond agent materials lully and accurately represent your progrdms,

services, tems ond conditionso lnaccurate and incomplete materials are made available to agents and no attempt ismade to ensure the agent is providing adequate information to the students.c Work only with legitimote, qualified, ond rcputable agencieso The agency and school clearly conspired to deprive students oftheir rights. The agencyis clearly not qualified or reputable. ln the case of Ryugaku Journal, the school does notappear to be working with only reputable agencies.o Alwoys deal foirly and ethically with students, other progroms dnd agentso The school is not dealing fairly or ethically with students. The school intentionallyprovides an incomplete refund policy to students then misleads and intimidated thestudents when they attempt to withdraw from the program.

o The school is widely distr;buting at least two documents with intentionally incompleterefund policies by intentionally excluding the "before your program starts,, section ofthe refund policy. This would appear to be done in an attempt to prevent students fromwithdrawing from the school and to allow the agencies to provide false information tothe students.. Deol with oll requests, criticisms and complaints in d boldnced dnd timely lashiono The school staff and management refuse to take responslbility for the schoolsnegligence in failing to provide the required documents to the student

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. Ensure thot Longuages canddd3 Dispute Resolution policy is understood by students dndogents os o lindl meons to solve irreconciloble disputeso The school makes no mention of Language canada's Dispute Resolution policy in any ofits documents and when the student made a complaint to the school, the school still didnot at any tlme mention the Dispute Resolution policy.

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Violations of the Quality AssuranceScheme - Standards and SpecificationsILSC Education Group is in violation of the following parts of the Languages Canada Quality AssuranceScheme - Standards and Specifications:C: STUDENT ADMISSIONSC.7 Registrdtion:Accurote dnd current iniormation on program otferings, services and costs is readily accessible inprint-bosed and web-based formats.

. Students are not provided with accurate information about the programs or services in printform and are not provided with the school name or website address before registering with theschool. After registration students are given an incomplete version of the refund policy but arestill not given the actual school name (e.g. ILSC vs. ILSC Education Group) or the school's websiteaddress.

Belore registtdtion, students rcceive o cleor stdtement olthe Membet Program's fee and relund policyds well as ony other contrdct required by the progrcm. Ms. Miyazaki did not receive a clear statement of the Member Program's fee and refund policybefore or after registration a nd was never given a copy of the admission a pplication.

C.7c Statement ol fees includes:7. tuition, including applicoble dates2. description ol what services tuition includes3. enrolment dnd cdncelldtion terms, including linoncial penalties4. detdils on additional charges, clea y stoting whether monddtory ot optionalThe statement of fees provided to Ms. Miyazaki provided only the tuition amount. lt did not providedates, including the start or end dates ofthe pro8ram. There was no description of what services tuitionincluded and there were no details regarding enrolment terms. No details on additionalcharges andwhether these charges are mandatory a re given to the student in the statement of fees or in anystatement given to the student at any time before or after the provision of the statement of fees.The 2013 ILSC Fee Schedule does not include details of all additional charges and there is nospecification of whether fees are mandatory or optional.D,2.2 Problem Resolution:A witten stdtement that explains the procedures lor problem resolution within the Member Progromis dvailoble to students.

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There is no written statement explaining the problem resolution procedures before the studentregisters and no detailed statement provided after the student starts the program. Evenif thereisaprocedure for problem resolution in place, the school doesn't follow it. They simply deny there is aproblem and, in this case, accuse the complainant of making threats.Additional Specifications:. D.2.2a Copies of the problem resolution policies readily accessible.o D.2.2b Effective procedure for responding to students' feedback, suggestions and complaints inplace,Copiesofthe problem resolution policies are not provided to students until afterthe program starts.The problem resolution policies are far from readily accessible and, when finally provided to thestudents, the problem resolution policies are incomplete. The New Student Package specifies that"students need to follow formal procedures including presenting the problem in writing to the SchoolDirector, who will, in writing, address and resolve the dispute." However, there are no details ofthe"formal procedures" required.When we contacted the Richard Novek, the ILSC Education Group Director of Operations refused toaddress the problem in writing and responded "Mr. Brundage, we do not take well to threats and suchutterances would typically not warrant a reply..." The Director wanted to discontinue dealing with theissue despite the fact that he is required to "in writing, address and resolve the dispute."Mr. Novek states that "Her refund was calculated in accordance with our refund policies which Ms.Miyazaki has acknowledged receiving and understanding." Clearly, Ms. Miyazaki was not given therefund policies until long after her registratlon. The only time Ms. Miyazaki acknowledged any refundpolicy, it was not the school's legalrefund policy.G: MARKEflNG dnd RECRUITINGG.7 Recruiting:ln oll recruiting transddions, Member Programs are required to reptesent and mdintdin the stonddrdsol progroms ond services ol Langudges Conoda.Member Progroms must not engage in condud which is unethical or unprofessional and may beprcjudiciol to the reputdtion ol Longuages Canado or its membeB.The school did not represent and maintain the standards of programs and services of Languages Canada.Misleading students by not providing the full refund policy and lying to the student about the effects ofwithdrawing from the school is clearly unethical and unprofessional. This behaviour is clearly prejudicialto the reputation of Languages Canada. ln addition, ILSC is recruiting students who may have signed upwith another Languages Canada member if they were treated in an ethical manner by ILSC and givenILSC's real terms and conditions before reglstration. ILSC is gaining an unfalr advantage over othermembers of Languages Canada who are treating students in an ethical manner.G.2 Agents:Member Prcgrums are required to adhere to the Best Prdctice Guidelines lot Dealing with Agents dsset lorth by Ldnguages Canado.

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The Best Practices Guidelines require schools to "Establish a process via student feedback as to theperformance of the agent" and "request that copies of any additional information produced by theagent are forwarded to you for review."The school does not ask for student feedback on agency performance. At no time did the school expressany concern to Ms. Miyazaki overthe behaviour of its agency. The requirement that that school reviewinformation provided by the agency is clearly not being met by ILSC. The agency is not providing therequired information to students and the school either knows that the agency is not treating studentsethically or the school should know.G.3 Publicity Moteriols:All promotional moterials and supplementary informotion present o clear, dccurote and currentdescription ol the program options ond seruices olfered by the institution.The school and agency are providing none of the required information to students prior to registrationand inaccurate information after registration.

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Email CorrespondenceMay 6, 2013Warren Brundage to Hiromi.Wakabay.Hi Hiromi,Please let me know what you intend to do about Aya's refund.Best regards,Warren Brundage

May 5, 2013Hiromi Wakabayashito sugi7588, Richard, meDear Mr. Warren Brundage,Greetings from ILSC.Regarding Ms. Aya Miyazaki's cancellation refund, we will process accordingly to our refund policy,which Ms. Aya Miyazaki acknowledged and signed the contract before her class started.We will contact Ms. Aya Miyazaki when the refund check is available for her to pick up.lf you have any questions or concerns, I appreciate if you would contact Richard Novek, our Director of Operations.Thank you for your understanding.

Best regards,

Hiromi Wa ka bayashiMarketing Manager - JapanlLSc Education GroupILSC Vancouver I Toronto I Montr6al I New DelhiSan Francisco I Brisbane I SydneyMarketing Headquarters525 Dunsmuir Street, Vancouver, BC CANADA V6B 1Y4T: 5o4.589-9095 x 17L4L I F:604.683.0771E: [email protected]

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www.ilsc-com www.grevstonecollege.com

Follow us ONFacebook I Twitter I ILSC BLOG I YouTubeThank you for thinking of the environment before printing this emailMay 13, 2013Hiromi Wakabayashito sugi7588, Richard, mei rrJl'+ 3 r.:ri.tril. lLSc I DEffi-"'1.)


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E a ? J' a L < JiFFr,\r,\r: L*f.Dear Ms. M iyazaki,I appreciate if you would reply to me when you will be able to come and pick up your refund check.lf you prefer to receive it by mail, please inform me of your mailing address.I will be waiting for your reply.

May 15, 2013Warren Brundage to Hiromi, sugi7588, Richardlsent the following attached to yourschool yesterday. I am not sure if you received it so I am sending itagain. Perhaps there is a problem with our email ending up in your junk-mail folder. Tomorrow we willbe starting to file the complaints with Languages Canada and Consumer Protection BC. Our organizationis really busy right now helping students who are victims of sexualassault, fraud and other seriousmatters. I don't want to allocate too much time to this flle but it is important that we ensure that Ms.Miyazaki receive herfull refund so I am hoping you sim ply issue a cheque for the full amount. lamsurethat you will review your procedures so that students will be given the proper documents prior toregistration in the future.Warren Brundage

Original MessageSubject: Re: Fwd: Aya MiyazakiFrom: [email protected]: Tue, May 74,2073 4:42 pmTo: "RichardNovek"Cc: "susi7588@sma i l.com" "Hiromi Wakabayashi"

[email protected]

Dear Mr. Novek,lam contacting you on behalfofthe lnternational Student Assistance Society (ISAS). Wehavebeencontacted by your student, Ms. Aya Miyazakifor asslstance in a problem she is having with your school.Your school is in possession of a letter from Ms. Miyazaki giving permission to you to discuss this matterwith me.ln dealing with this student, your school did not comply with a number of terms in the LanguagesCanada Code of Ethics. Among other conditions, you are required to "make all fees, terms andconditions, including the refund policy, available in advance of a student registering." This was notdone. Your school did not give these documents to the student until her flrst day of classes. On the first

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day of classes the student was provided with a "New student package" which makes no mention of theLanguages Canada Dispute Resolution Policy. When she visited the school to ask about a refund she wasnot told about her rights under the Dispute Resolution policy.It is your responsibility to "ensure that all agents and agent materials fully and accurately represent yourprograms, services, terms and conditions" and this was also not done. The agency misrepresented yourschool to Ms. Miyaza ki and, as soon as she was awa re of the nature of the school a nd her legal right toleave the school, she chose to withdraw from the school.Ms. Miyazaki came to your school to discuss her refund but was unable to get any answer. she thenreturned to the school with a witness to discuss a refund. Atthattime, yourstaffgave false informationto Ms. Miyazaki in an attempt to scare her into staying in the school. We have come across a number ofschools engaging in this type of behavlour but I was unpleasantly surprised to discover that your schoolis engaging in these deceptive practices. Among other things, the student was told that she would haveto give her Study Permit to the school so that a copy could be made and that she would be reported tolmmigration if she left the school and that lmmigration would call her.An extract of the conversation is as follows:"Do you have your Study Permit with you right now? ln order for us to process your refund we need acopy of your study Permit. we used our name for you to get the study permit. you used our LoA to getthe Study Permit. We would like to hold it at the time. [Physically keep the Study Permit - counsellorpushing student to return her study Permitl. Depending on the case, lmmigration will phone you. Theywill ask you what you are doing..."This is clearly an attempt to intimidate the student and I am hoping that you will immediately informyour staffthat this type of behaviour will not be tolerated. As you well know, Study permits aretransferable and CIC does not care where a student is studying as long as they don't change their level ofstudy (e.g. secondary to post-secondary). I am sure you also know that CIC doesn't call students to askthem "what they are doing" when they decide to leave a school.We are asking for a full refund to be issued to Ms. Miyazaki. Ms. Miyazaki may choose to collect apartial payment ofthe total amount she is requesting but she still asserts her right to a full refund of herpayment to ILSC and she reserves the right to take action to receive payment of all amounts outstandingafter the partial refund. Since we have given you a number of opportunities to correct this problemincluding meetings, emails and a signed letter, if we do not hear receive confirmation that a full refundwill be issued to Ms. Miyazaki by4 p.m. on May 16,2013 we will take the following actions:1. We will make a formal complaint to Languages Canada under their Dispute Resolution Procedure and,as specified in Part 2 ofthat Procedure, we will request that a dispute resolution panel (',DRp,') beappointed.2. We will bring a complaint to Consumer Protection BC since no contract was given to Ms. Miyazakiprior to her registering in the school and your contract is not in compliance wlth the Business Practicesand Consumer Protection Act of British Columbia and the relevant Regulations in any case.3. Any other recourse legally available to Ms. Miyazaki including, but not limited to, action in Small

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Claims Court.Best regards,Warren BrundageExecutive Directorlnternational Student Assistance Society (ISAS)

May 15, 2013Richard Novekto me, Hiromi, sugi7588Dear Mr. Brundage,I am responding to your emails as a courtesy not because we accept that you are the le8alrepresentative for the student Aya Miyazaki. I will reiterate what our Marketer Hiromi stated in herearlier email to the student: her refund cheque is available for pick up. Her refund was calculated inaccordance with our refund policies which Ms. Miyazaki has acknowledged receiving and understanding.Mr. Brundage, we do not take well to threats and such utterances would typically not warrant a reply,however I am prepared to meet with you at my office on a without prejudice basis if you wlsh to dlscussthis like gentlemen.Richard NovekDirector of Operations

cheers !Richard NovekDirector of OperationsILSC Education GroupT: 604-689-9095From: Warren Brundage Imailto:[email protected]]Sent: May L5, 2013 2:29 PMTo: Hlromi WakabayashiCc: [email protected]; Richard NovekSubject: Re: Aya Miyazaki

May 16, 2013Warren Brundage to Richard, Hiromi, sugi7588Dear Mr. Novek,

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17/17

Unfortunately it is not for you to decide who Ms. Miyaza ki chooses to speak on her behalf. I know it isinconvenient to have to deal with me and it would be easier for ILSC if there wasn't anyone telling Ms.Miyazakithat she has rights. I don't have time to meet wlth you in person now but please feel free tocontact me any time. Since you have refused to provide a full refund to Ms. Miyazaki we will be filing aformal complaint with Languages Canada tomorrow. You appear to be in violation ofthe Code of Ethicsand we wlll allow Languages Canada to make a determination.Regards,Warren Brundage

I hereby certify that I am making this complaint in good faith and that the contents are a true statementofthe behaviourofThe ILSC Education Group lnc. and Ryugaku Agency.

Signed,v4 4, Fr,t a7obetace: \fa.hcowver, D.C C-aoa/a Vav\co6ve?, B'C , Cano)o'Aya MiyazakiDate: y(ay l[ / )-o/3

Asuka Sugiyama, Witness

lA^/ 31, zo/3Pla ce:Date:

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isas complaint against ilsc, on behalf of aya miyazaki

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