As a condition of enrollment, Universal Technical Institute, Inc. (“UTI”) requires each student to sign a binding arbitration agreement. Under the arbitration agreement, each student and UTI agree to resolve through binding and mandatory arbitration any dispute between the student and UTI or any current or former employee(s) of UTI. Arbitration is the referral of a dispute to an impartial person (an arbitrator) for a final and binding determination of the dispute. In agreeing to binding and mandatory arbitration, the parties voluntarily give up certain rights, including the right to pursue a dispute in court, the right to a trial by a judge or jury, rights to appeal, and other rights that may be available in a court, such as broader discovery rights. As provided by the arbitration agreement, the parties also give up the right to bring or participate in any class action, collective action, private attorney general action, or any other type of action or proceeding in which anyone acts or proposes to act in a representative capacity on behalf of others. If you have any questions about this arbitration agreement or the arbitration process, please contact Student Services.
Modifications to Arbitration Agreement
As required by 34 C.F.R. § 685.300(e) and (f), UTI agrees to the following modifications of this arbitration agreement, but only to the extent and so long as the regulations requiring the modifications remain in effect. To the extent the regulation is declared invalid by a court of competent jurisdiction or is rescinded by the United States Department of Education, the modification associated with the invalidated or rescinded regulation shall immediately become null and void:
Modification Required by 34 C.F.R. § 685.300(e). We agree that this agreement cannot be used to stop you from being part of a class action lawsuit in court. You may file a class action lawsuit in court, or you may be a member of a class action lawsuit even if you do not file it. This provision applies only to class action claims concerning our acts or omissions regarding the making of the Direct Loan or our provision of educational services for which the Direct Loan was obtained. We agree that the court has exclusive jurisdiction to decide whether a claim asserted in the lawsuit is a claim regarding the making of the Federal Direct Loan or the provision of educational services for which the loan was obtained.
Modification Required by 34 C.F.R. § 685.300(f). We agree that neither we nor anyone else will use this agreement to stop you from bringing a lawsuit concerning our acts or omissions regarding the making of the Federal Direct Loan or the provision by us of educational services for which the Federal Direct Loan was obtained. You may file a lawsuit for such a claim, or you may be a member of a class action lawsuit for such a claim even if you do not file it. This provision does not apply to lawsuits concerning other claims. We agree that only the court is to decide whether a claim asserted in the lawsuit is a claim regarding the making of the Federal Direct Loan or the provision of educational services for which the loan was obtained.