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80′ Catamarans Yachts for Sale

Used 80′ catamarans yachts for sale, sea compass.

24.99m | Custom | 2020

24.71m | Sunreef | 2020

24.38m | Sunreef | 2020

2023 MCCONAGHY MC82

23.77m | Mcconaghy | 2023

23.3m | Sunreef | 2015

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FOUNTAINE PAJOT PRESENTS ITS NEW MOTOR CATAMARAN 80 PIES

A new model of the Fountaine Pajot range of motor catamarans to respond to the needs of an increasingly demanding clientele.

In September 2022, the nautical shipyard announced the start of construction of the largest cruising catamaran never built by Fountaine Pajot, with 24 meters in length and a little more 11 meters of sleeve. A year later, this superlative luxury multiyacht left the Fountaine Pajot shipyard in La Rochelle before heading to the Cannes Yachting Festival, in the Mediterranean, where its presentation afloat is eagerly awaited. Baptized Thira 80 for the occasion, It is supercatamaran has aroused the interest of many and convinced future buyers. This is a large-scale project for this catamaran specialist., that has overcome the industrial challenge of offering a new large yacht with an exquisite design, that matches innovation , luxury Y comfort .

Discover the interior of this great catamaran, presented on 12 September in Cannes:

The arrival of a Power 80 to the Motor Yachts range to respond to the expectations and demands of sailors.

At a press conference held on the occasion of the Cannes Yachting Festival 2023, Fountaine Pajot announced its intention to develop a motorized version of its new model of 80 pies , In response to the growing popularity of Thira 80 . this future Power 80 will have a series of modifications to adapt to the specific needs of a clientele accustomed to large luxury yachts , both monohulls and multihulls.

In terms of layout and design, the Power 80 will incorporate the same characteristics that have made the Thira 80 a complete success. Between them, the large portholes in the living room, with the glass lower than usual, to enjoy a clear view of the sea when sitting on the starboard sofas or in the small adjoining port lounge.

It also has the famous «wings» a both sides from the aft cockpit, that offer the possibility of having two terraces with sea views . Numerous compartments stowage in the bow cockpit, The aft cockpit and the aft skirts will allow you to store and hide all your leisure items, how we oar, diving equipment or even a jet ski …

Regarding habitability and the number of people who can live on board, the Power 80 will offer between five and seven double cabins with bathroom, depending on the version, with the possibility of choosing between two spacious shipowner's cabins . Crew members will also be well taken care of, with one to three cabins for the skipper on the bow pontoons and under the aft cockpit, depending on the version.

For Fountaine Pajot , the future Power 80 will be another important step in its desire to expand its range and address the market of large catamarans . A great opportunity to demonstrate all the knowledge from the shipyard, more than 40 years of experience in catamaran design.

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Catamaran Thira 80

Your own private island, wherever you want it

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When you're onboard this sailing yacht, you are no longer a mere spectator watching the scenery flash before your eyes. You become part of the landscape, moving in harmony with the natural world, immersed in the experience.

A yacht that defys superlatives

The Thíra 80 combines all our expertise and philosophy to create a luxury catamaran that is simply extraordinary.

At nearly 24m in length, she has the space to deliver the pinnacle of luxury living. Yet, the Thíra 80 will still surprise you, always striving to exceed her owners’ expectations. The revolutionary addition of two side deck lounges with retractable balconies evokes the glamour of a cruise ship, with the only difference being that this flagship can sail. Now, at every point of the yacht, the Thíra 80 is an absolute showstopper delivering infinite comfort . All you have to do is reach out and catch this shooting star.

Catamaran Thira 80 in video

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A new level of privacy – dreams are created here

The yacht’s sophistication is apparent at every turn. Owners have the freedom to select furniture and palettes to suit their personal style, wtih upholstery options from the distinguished Pierre Frey range. Solar panels over the side lounges are transparent to provide shelter without restricting natural light.

Features Catamaran Thira 80

Version VIP Maestro (Galley down)

1 owner’s suite + 1 bathroom / 1 VIP cabin + 1 bathroom / 2 double cabins + 2 bathrooms + Crew quarter

Displacement unloaded

Option Power

Fresh water tank

423 Gallons

Diesel tank

634 Gallons

Berret-Racoupeau Design

The beauty of having such space is it provides the option to enjoy it in company or retreat for some time alone. Designed as completely independent precincts, each cabin features its own private access, regardless of which version you choose . Feeling good starts with feeling at home.

Indoor & outdoor areas

Unique design and incomparable spaces.

While the Thíra 80’s owner’s cabin exceeds the space of any other catamaran of her size, what is even more extraordinary is her capacity to accommodate a sauna, hammam or whirlpool bath in her expansive ensuite.

Vintage 2024-25

The ambiance and materials of the Fountaine Pajot catamaran range evolve over time to infuse our boats with more light, harmony, and modernity, adapting to the trends of today and tomorrow. To give you a glimpse of the current Millésime featured in our range , explore the mini configurator below. It allows you to visualize the standard and optional materials available across our entire lineup. The featured catamaran showcasing the current Millésime is the Aura 51. Every Fountaine Pajot model delivered will include the Millésime presented below.

Rescue, Mocca 05

Cotting Esprit, Muscade

Cotting Esprit, Nature

Rescue, Argile Rose18

Rescue, Aqua Blue07

Rescue, Blue Jeans11

Rescue, Cloud White02

Valencia, Toffee

Valencia Charcoal

Batyline Elios Vichy

Batyline Elios Caramel

Sunt Flanelle

Bedside table

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Welcome aboard this exceptional yacht for a 100% immersive visit. Explore her interior and exterior living spaces in minute detail!

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Waiting times for a Fountaine Pajot catamaran may vary according to the stage of your project, the model you want or your sailing area. Some Fountaine Pajot dealers have new catamarans ready to sail! Contact your nearest dealer HERE to ask about the availability of the catamaran of your dreams!

Visit your nearest Fountaine Pajot boat dealer to buy a new catamaran from our range. You will benefit from personalised advice through the Fountaine Pajot dealer network. Discover our network HERE

The price of a Fountaine Pajot sailing catamaran varies according to the size of the model chosen and your sailing project. Our dealers are at your disposal to guide you in your choice of fittings, packages and options to best suit your boat purchase project . You can find out the starting price of the catamaran of your choice on this page HERE .

Innovative, high-tech composite materials constitute most of the structure of our sailing catamarans: hulls, flybridge, decks, bulkheads and more. Fountaine Pajot has perfected a resin injection and infusion technique, an advanced technology that gives our boats all their robustness. Thanks to this expertise, we can make our catamarans considerably lighter while maintaining consistent quality . Injection also makes it possible to meet the most stringent environmental requirements, in line with the commitments of the Fountaine Pajot Group.

Sailing catamarans from 40 to 50 feet are built at the Aigrefeuille headquarters, a few kilometres from La Rochelle. Catamaran yachts from 51 to 80 feet are built in La Rochelle, France, where they benefit from a slipway.

It is essential to define your sailing program: define the size of the crew on board, the level of sailing knowledge, the sailing project and the target sailing area. Every project is different. Whether you want to enjoy a large Owner’s suite, invite many friends and family on board, or telecommute during your voyage, the Fountaine Pajot cruising catamarans can be adapted to suit your needs. Benefit from reliable, seaworthy and spacious catamarans! Find out more about our Owners’ testimonials here

The ergonomics of Fountaine Pajot catamarans have been designed to facilitate manoeuvring at the helm, enabling a small crew (2 persons) to manoeuvre the boat easily, both in port and at sea. The unique design of the helm station allows good communication between the aft cockpit and the Fly relaxation areas. Of course, your level of navigation will determine your ability to sail with two or more persons!

Our electric catamarans now feature a large surface area of solar panels, up to 2000 WC, perfectly integrated into the design of the coachroof. Combined with equipment such as wind turbines or hydro-generators, they compensate for the energy consumption generated by on-board use during cruising. Discover the benefits of the Smart Electric solution with 4 real-life cruise scenarios

The Fountaine Pajot range of electric catamarans is expanding, and now includes 3 Smart Electric models. The Astréa 42, Elba 45 and Aura 51 are now available in this version.

With the help of over 70 engineers, Fountaine Pajot has developed an in-house solution, 100% adapted to the use of its catamarans equipped with hybrid electric motors . All on-board production and energy expenditure flows are managed from a single console designed by our teams to offer a simple, designer user experience. The system we have developed enables us to give priority to the use of renewable energies at all times. Find out more here

23-meter sailboat

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Experiences

A life of dreams, adventures and emotions....

Immerse yourself in the Fountaine Pajot experience through stories of adventure, news, webcasts, podcasts, press reviews, photo and video reports... Discover a little more about the pleasures of cruising and sailing catamarans!

17 Jul 2024

Fountaine Pajot team wishes you a great summer!

Welcome aboard our latest newsletter, So Catamaran!

10 Jul 2024

New 2024 edition of the MyBoatAndI photo contest

How does Smart Electric technology work? Answer on video…

Smart Electric: a complete overview of this technology, its origins, how it works and its everyday benefits... #Broadcast

02 Jul 2024

3 exceptional days to discover the Fountaine Pajot Sailing Catamarans range

4 days of catamaran cruising with Fountaine Pajot in the British Virgin Islands

22 May 2024

International Event | Open Days La Rochelle

Photo Challenge 2023

03 May 2024

Tanna 47 | Exclusive testimonial for a Mediterranean circumnavigation

2023 magazine

24 Apr 2024

Thíra 80: voted “Best Production Sailing Catamaran” by Yacht Style

Multihulls World Magazine – Astréa 42

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Catamaran Isla 40

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One last step before reaching the next page & discovering the prices proposed & main options for this version! You'll then be able, to schedule a live chat with your local dealer to discuss all the options and configurations available for this model!

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FOUNTAINE PAJOT PRESENTS ITS NEW MOTOR CATAMARAN 80 PIES

A new model of the Fountaine Pajot range of motor catamarans to respond to the needs of an increasingly demanding clientele.

In September 2022, the nautical shipyard announced the start of construction of the largest cruising catamaran never built by Fountaine Pajot, with 24 meters in length and a little more 11 meters of sleeve. A year later, this superlative luxury multiyacht left the Fountaine Pajot shipyard in La Rochelle before heading to the Cannes Yachting Festival, in the Mediterranean, where its presentation afloat is eagerly awaited. Baptized Thira 80 for the occasion, It is supercatamaran has aroused the interest of many and convinced future buyers. This is a large-scale project for this catamaran specialist., that has overcome the industrial challenge of offering a new large yacht with an exquisite design, that matches innovation , luxury Y comfort .

Discover the interior of this great catamaran, presented on 12 September in Cannes:

The arrival of a Power 80 to the Motor Yachts range to respond to the expectations and demands of sailors.

At a press conference held on the occasion of the Cannes Yachting Festival 2023, Fountaine Pajot announced its intention to develop a motorized version of its new model of 80 pies , In response to the growing popularity of Thira 80 . this future Power 80 will have a series of modifications to adapt to the specific needs of a clientele accustomed to large luxury yachts , both monohulls and multihulls.

In terms of layout and design, the Power 80 will incorporate the same characteristics that have made the Thira 80 a complete success. Between them, the large portholes in the living room, with the glass lower than usual, to enjoy a clear view of the sea when sitting on the starboard sofas or in the small adjoining port lounge.

It also has the famous «wings» a both sides from the aft cockpit, that offer the possibility of having two terraces with sea views . Numerous compartments stowage in the bow cockpit, The aft cockpit and the aft skirts will allow you to store and hide all your leisure items, how we oar, diving equipment or even a jet ski …

Regarding habitability and the number of people who can live on board, the Power 80 will offer between five and seven double cabins with bathroom, depending on the version, with the possibility of choosing between two spacious shipowner's cabins . Crew members will also be well taken care of, with one to three cabins for the skipper on the bow pontoons and under the aft cockpit, depending on the version.

For Fountaine Pajot , the future Power 80 will be another important step in its desire to expand its range and address the market of large catamarans . A great opportunity to demonstrate all the knowledge from the shipyard, more than 40 years of experience in catamaran design.

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The Sunreef 80 is an all-around luxury sailing catamaran , ideal for exclusive getaways, charter, and transoceanic adventures. This model boasts a combination of exterior and interior areas easily flowing into one another. The clever bridge deck and superstructure design allow for a superior level of comfort onboard, whereas the generous teak use, high bulwarks, and classy lines underscore her modern style with a classic edge.

With a completely fresh superstructure concept, this electric sailing catamaran gains a saloon plan with an outstanding potential for customization. A vast, central lounging space with a panoramic view and endless layout possibilities, it opens both onto the bow terrace and cockpit. The bow benefits from its cozy lounge that is well shielded from sun and wind.

To the aft, the saloon merges with the generous cockpit which is further extended by a large aft platform for carrying the tender. All the areas combined form a universal, open environment where flexibility and freedom reign. While housing the main helm, the 54m² flybridge is dedicated to leisure with more than enough space for movable furniture, a jacuzzi, fully equipped wet bar, a barbecue station, and large sunpads.

The hulls provide impressive volumes to set up a custom layout including airy, luxurious guest cabins, and an opulent master suite with a walk-in dressing, desk, sofa, retractable TV, and an immense bathroom. A perfect setting to unwind and relax after a long day in the sun.

What makes the experience more worthwhile is the opportunity to sail more sustainably. Choose green, clean yachting, choose Sunreef 80 Eco: an eco-catamaran that redefines luxury sailing. Available in classic, solar and electric catamaran versions, it offers versatility and sustainability for discerning sailors.

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23.87 m / 78.3 Ft

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11.53 m / 37.73 Ft

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200 m² / 2152.78 Ft²

1600 l (422.68 US gal)

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340 m² / 3659.73 Ft²

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can an assignment be revoked

• assignments basic law

Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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Assignment of a Contract - Explained

What is assignment and delegation of contracts.

Assignment is the transfer by one party of her right to receive performance from the other party to the contract. Delegation is the transfer by one party of her duties to perform under a contract.

How do you Assign or Delegate a Contract? 

Non-Assignable/Delegable Contracts : Unless the agreement limits assignment of rights, most contracts are assignable. Delegation of duties pursuant to contract is more limited. The following contracts are not capable of delegation:

Material Changes of Responsibility - A contract that materially alters the obligors duties under the agreement is not transferable. Particularly, an assignment that greatly increases a partys delivery requirements cannot be assigned. Doing so may detriment the obligor who has to meet a new (and possibly more taxing) delivery schedule.

Multiple Assignments - A party can partially assign a contract or assign the same contract to multiple parties. Different jurisdictions follow different rules regarding the priority of the assignees. Some jurisdictions allow that the first assignee of a contract who gives notice to the obligor has priority over other assignees. Other jurisdictions follow the rule that the first assignee to receive assignment of a contract has priority to performance by the obligor. Still other jurisdictions follow the rule that the first assignee has priority, unless:

Related Articles

How to legally revoke a wage assignment.

Unlike a wage garnishment, a wage assignment is a voluntary agreement between you and a creditor. When you agree to a wage assignment, you are agreeing to allow a certain dollar amount, or percentage, of your wages to be held back and paid to the creditor toward satisfaction of a debt. Since a wage assignment is voluntary, you may legally revoke the assignment at any time by notifying your employer of your intention to revoke.

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Locate a copy of the original wage assignment for reference. Wage assignments are typically part of a payday loan or title loan agreement.

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Draft a letter to your employer, or human resources department of your company, indicating that you wish to revoke the wage assignment.

Include in the letter the date of the original assignment, the assignment amount and to whom you assigned your wages. At the end of the letter, clearly state that you wish to "revoke the previous wage assignment referenced above" or similar language.

Make two copies of the letter. Mail or deliver the original to your employer and mail a copy to the creditor. Save the other copy for your records.

Although many creditors may imply that the wage assignment cannot be revoked, the small print at the bottom of the loan contract will generally state that it can, in fact, be revoked.

Revoking the wage assignment does not eliminate your legal obligation to repay the debt. The creditor may still proceed to attempt to collect on the debt by other means such as filing a lawsuit against you.

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Validity of a Contract Assignment

(This may not be the same place you live)

  What Is a Contract?

A contract is a legally binding arrangement between two or more parties. A contract supplies particulars of what the parties agree to perform or exchange. A contract may be in written or oral form. In most cases, to be legally binding, a contract must be in writing and signed by all parties concerned.

Courts typically require three things for a contract to be enforceable:

• Mutual assent, or agreement to the contract terms;
• A valid offer and acceptance; and
• Consideration.

Contracts are deemed the foundation of the business world. They may be easy or very complicated. Examples of contracts include employment contracts, real estate purchase agreements, and insurance arrangements.

Contracts must be entered into by all parties freely. All parties signing the contract must do so of their own free will and not under duress . Contracts can be used whenever parties want to document an agreement to ensure all parties’ rights are covered.

Drafting a contract refers to writing the terms and details of a contract to specify and summarize the legal responsibilities of all parties to the contract. This permits all parties to the contract to understand their duties and legal obligations to one another clearly.

Anyone can draft a contract, but it would be in the best interest of all parties involved to have an attorney draft a contract, particularly if it is intricate or complicated. For instance, a real estate agreement often involves multiple aspects, multiple parties, and intricate land descriptions. To ensure your sale or purchase, financial investment, and rights are shielded, having an attorney draft this type of agreement would be preferable.

A contract will also deliver sections outlining whether or not it may be canceled and how to revoke it. The agreement will also outline the results if a party breaches the contract terms. A well-written contract will contain explicit definitions of what comprises a breach of the agreement so all parties can support their responsibilities.

What Are the Elements of a Legally Binding Contract?

What is a contract assignment, when is a contract assignment valid, are there any limitations on contract assignments, what does a contract lawyer do, do i need a lawyer for help with a contract assignment.

To be legally binding, a contract is required to include certain elements. Some contracts must be in writing to be valid, such as contracts for money over $500.00. A contract must be created for a lawful purpose. For instance, an individual cannot contract to perpetrate a crime. It is essential to be familiar with the requirements of a valid contract.

A valid contract must include:

• An acceptance of the offer;
• A promise to perform;
• A valuable consideration ;
• A date, a time window, or an event when the performance must be satisfied;
• Terms and conditions of the performance; and
• Performance.

The offer and acceptance segments of a contract are also known as the “meeting of the minds” or mutual agreement of the parties. All parties’ signing of the contract is often used to prove that agreement. In some circumstances, offers may have an expiration period, where the offer is open for a reasonable time. Some offers may not have a time limitation. Offers can be withdrawn until the time of acceptance.

Acceptance happens when the parties agree to the terms of the offer. If a modification is made to the offer terms, it would be deemed a counteroffer. Different states have various regulations in this area of contracts, so it is essential to review local laws.

For a contract to be proper, consideration must be supplied. When both parties agree to provide something of value in exchange for a benefit, consideration ensues. For instance, consideration must be something of value and can include money, a car, or manual labor.

For a contract to be proper, all parties must be legally competent . Some people cannot enter into contracts, such as minors or the mentally impaired. A party must be of sound mind and not under the influence of drugs or alcohol at contracting. All parties to a contract must be free from coercion at contracting. Contracts will be proclaimed void if there is a mistake, coercion, or deception by one or more parties.

In a contracts setting, an “assignment” refers to transferring benefits or rights granted by the contract terms from the receiving party to a different party. Therefore, contract assignments bring an additional party to the existent contract parties.

An illustration of this is where a contractor assigns their right to payments to another party. The other party would then be entitled to fees for the contractor’s work. This is different from a contract delegation , which transmits obligations rather than rights to another party. Assignment usually ensues because it involves some potential for profit for the party making the assignment.

Contract rights and benefits can lawfully be assigned so long as no prior agreement prohibits an assignment. All required is for the assigning party (the assignor) to agree with the assignee (the third party recipient) that they will be transmitting their rights to them. The original party rendering the payment (the “obligor”) doesn’t usually need to be told that an assignment has occurred.

When assigning contract rights to an assignee, an oral agreement may suffice. Yet, as in any deal, it’s best to reduce the assignment to writing so that the parties have a record of the agreement in the future.

The validity of an assignment may depend on the kind of language used in the written agreement. It needs to be in the present tense. That is, the assignor must state, “I am assigning my contract rights to X party,” rather than “I will be assigning my contract rights to X party”

Typically, the parties are free to make assignments, so long as they stick to the following rules:

• The assignment should be permitted according to local, state, and federal regulations (for instance, some states make it unlawful to allocate wages to another individual)
• The assignment should only shield present transfers of rights and not future transfers.
• If the contract contains a specific “no-assignment” condition or clause, then an assignment can’t be made (if one is made in such a case, it may comprise a breach of contract)
• The assignment should not substantially change the contract or subject the obligor to losses or financial risks.

Also, any time an assignment is made, the assignor implicitly warrants that the rights are accurate, that they own the assigned rights, and won’t interfere with the party’s new claim to the rights. Assignments become proper when formed (even if the recipient is not yet cognizant of the assignment).

The tasks and duties of a contract attorney include preparing contracts, checking contracts, and ensuring their clients’ rights are safeguarded. Contract attorneys are experienced in the prerequisites of contracts and how to make sure they will be enforceable. These types of arrangements must often include certain legal aspects and language.

A contract attorney will help a company or person include the essential terms needed for their business needs and include any legal language the person may not know is required.

Contract assignments can often become somewhat difficult, as they involve the privileges and responsibilities of many different parties. It’s in your best interests to speak with a contracts lawyer if you have any questions about a contract assignment.

Your lawyer will be able to examine the contract and the assignment terms to decide what your legal rights are. In the event of a lawsuit, your attorney can help represent your interests in court.

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What are the criteria for degree revocation?

I was awarded a degree from a reputable college or university. For what reasons could my degree be revoked after the fact? Should I be worried?

Note to readers: This is a special community wiki 'canonical' question that aggregates advice on a frequently-asked question. See this meta discussion . Please feel free to edit this question to improve it.

Each answer here relates to a different criterion which may (or may not) lead to degree revocation. If you have a new possible criterion, please add an answer. If you have more information about an existing criterion, please edit the existing answer.

• research-misconduct
• personal-misconduct
• canonical-question
• A historical note: The Nazis revoked degrees from many Jews, which were reinstated some decades later: news.uga.edu/… and some Nazis later had their degrees revoked: jta.org/1961/06/06/archive/… (for committing horrible crimes) ... obviously not relevant here as an answer. –  Azor Ahai -him- Commented Aug 9, 2020 at 15:23
• I removed the comments discussing the wiki's structure of this canonical Q&A. The best place to discuss the structure is this meta question . Please bring further criticism and suggestions there. –  Massimo Ortolano Commented Sep 1, 2020 at 6:37
• How does one appropriately answer in the case that there are no criteria? I have in mind the University of Oxford's regulation on deprivation [as of 2022] "4.1. Congregation shall have the power to deprive any individual of any degree of the University for any reason it thinks fit." –  erstwhile editor Commented Feb 28, 2022 at 16:14
• Interesting! I guess you could say "Criterion: Any reason the university sees fit [at certain universities]." –  cag51 ♦ Commented Feb 28, 2022 at 16:42
• 1 @DanielHatton For sure the "management" can't control the outcome. But in practice essentially no one turns up unless there's a matter of general importance, and it used to be the case that a whip would be sent round the salaried members of the central admin, and this payroll vote would ensure that no "accidents" occurred! –  erstwhile editor Commented May 14 at 6:42

5 Answers 5

Please feel free to edit this answer to improve it.

Short answer: will my degree be revoked?

Almost certainly not. Degree revocation is extremely rare, and almost always involves some major, willful misconduct such as plagiarizing long sections or falsifying data. Almost everyone who has raised concerns on this site over the years had nothing to worry about. The different answers below discuss different criteria that could lead to degree revocation, but these are generally edge cases. The typical person who earned their degree in good faith has nothing to worry about.

But this site cannot give you a definitive answer. Different schools have different staff and different policies, so it is impossible to predict how a particular institution will respond to a particular situation. Nor can we decide whether you committed misconduct (and even if we did, our decision would not count for anything). We recommend checking your school's policy on degree revocation (often available online). If you are concerned about degree revocation, you could discuss the issue with a legal advisor or the school in question, though you may be better off "letting sleeping dogs lie."

Finally, note that degree revocation may be discussed or threatened rather more frequently than it actually occurs. Individuals and/or organisations may respond to some incident or action by 'calling on the university to revoke the degree', and this may gain traction on social (or indeed traditional) media. However, this does not mean it is actually likely to happen.

• 6 "you should check your particular institution's policies" I'd guess many universities have no such policy and have never revoked a degree. –  Anonymous Physicist Commented Aug 9, 2020 at 3:03

Criterion: Research or Academic Misconduct (e.g., Plagiarism)

Degree revocation is very rare. When it does happen, academic misconduct is usually the cause, and it usually must be severe and intentional. As henning writes :

I've been working in Academia for the past ten years. The only cases of degree revocation that I am aware of were due to severe cases of academic misconduct such as plagiarism, fraud, or large-scale cheating. The rationale is that gross academic misconduct invalidates the achievement the degree should certify.

Similarly, canadian humanist reports:

I sit on our university's Senate which is the body that would have to deliberate a degree revocation. Even a straight-forward case of plagiarism in a degree requires a long, drawn-out and surprisingly contentious decision, and it might happen once or twice a decade. This is the last step of a very, very long and drawn-out process. So no, I wouldn't worry, outside of demonstrable research misconduct that puts the entire integrity of the degree in jeopardy.

A now-departed user provides some examples of degrees which have been revoked for major academic misconuduct, notably plagiarism:

There have been spectacular examples of falling from grace. Pal Schmitt resigned as President of Hungary after his doctorate was stripped by Semmelweis University on findings of plagiarism. Former German Defence Minister Karl-Theodor zu Guttenberg graduated...from the University of Bayreuth in 2006...A finding of plagiarism led to his degree being revoked.

The same answer also reiterates that the criteria for revocation due to academic misconduct are likely formally defined by your university:

In my university...the policy allows for a revocation in the event that the degree was awarded in error or through fraud. The policy proceeds to list the criteria and processes to be followed. Fraud is defined broadly and includes conventional definitions of academic misconduct, but other acts as well. Finally, there is a specific clause [stating that] one cannot [defend oneself] on the basis that there was no intention to commit fraud.

Practices on degree revocation also vary regionally. Sergio J Castro reports that degree revocation in the Spanish-speaking world almost never happens, even when clearly merited.

Could academic misconduct after completing the degree lead to revocation? User Stephan Kolassa addresses this :

Yes. Although you will need to do something blatantly unethical. For instance, my alma mater (the University of Konstanz, in Germany) revoked an alumnus' Ph.D. after this alumnus blatantly falsified data, although the Ph.D. thesis as such was not tainted.

But this varies regionally. Araucaria describes a 2005 paper from a US institution, which did not find a single degree that was revoked for bad acts subsequent to graduation.

In the (2005) paper The Right of Educational Institutions to Withhold or Revoke Academic Degrees from the Stetson University College of Law Twenty-sixth Annual National Conference on Law and Higher Education , the authors give an in-depth survey of reasons universities have successfully revoked degrees. Not one of these involves the behaviour of a candidate after they have completely left the institution—whether this behaviour be academic, political or indeed criminal. [Note, Stetson is in the US].

Further, revocation due to academic misconduct is rare due to practical reasons. As reported here , it is often difficult to prove that academic misconduct took place happened years after the fact. And outside of certain high-profile individuals, few theses are scrutinized after being approved.

Prior to this wiki's creation, Academia.SE received dozens of questions from users concerned that they could be accused of academic misconduct, leading to their degree being revoked. To my knowledge, the answer was never once "yes, you committed academic misconduct and your degree is likely to be revoked." For example, concerns like data changing underneath you , the thesis not containing sufficient novelty , self-reporting possible problems with the thesis , or having a missing degree requirement were all dismissed.

Not a Criterion: Political Activities

As discussed here , revoking a degree based on political activities (e.g., criticizing the university that granted the degree) would gather wide attention, but we are not aware of any such cases having happened. Although anything could happen in the future, given the lack of observed cases it does not seem political activity is considered grounds for revoking (non-honorary) degrees.

Indeed, taking any sort of action based on political expression is anathema to Western ideas of tertiary education.

• I think it would be useful to have stronger wording here than "would not normally", given that this is never known to have happened. –  David Z Commented Aug 8, 2020 at 21:42
• My thinking was that most questions have asked about mainstream political debate (e.g., the linked question is about "anti-wokeness"), but some very extreme political opinions (e.g., a high-profile neo-nazi) could have different considerations. Though I admit that I'm not aware of any neo-nazis having their degree revoked, so perhaps your point still stands. –  cag51 ♦ Commented Aug 8, 2020 at 23:02
• That's a good point. My thinking is just that, when someone says something is "remotely possible" or "would never happen under normal circumstances" or such, some people still latch on to that perceived tiny chance that it might actually happen. (The good old "So you're saying there's a chance?") That's why I tend to gravitate toward using stronger wording, e.g. "completely unheard of" or "practically impossible", and that would be how I'd go here unless/until we actually do have an example of a degree being revoked for political activity. –  David Z Commented Aug 8, 2020 at 23:25
• 1 I gave a stab at an edit along @DavidZ 's suggestions. I also wonder if there might be some exceptions in countries with authoritarian or theological leanings, though I suspect those countries would tend to use imprisonment or other means rather than revoking degrees. –  Bryan Krause ♦ Commented Aug 8, 2020 at 23:43
• As the only answer on the page where the answer is "no" (at least currently), it should be distinguished so the reader doesn't scroll through and think the answer is "yes." However, i'm not quite sure how to do that, so I leave it for someone feeling more inspired. –  Azor Ahai -him- Commented Aug 9, 2020 at 15:17

Criterion: Personal Misconduct

Degree revocation is very rare, and is usually a result of academic misconduct that renders the degree itself invalid . However, degrees are occasionally revoked for serious personal misconduct, particularly in Europe.

We should first distinguish between honorary degrees and academic degrees. As Ian Sudbery explains :

Honorary degrees are given to some for expressly moral judgement even though the recipient hasn't completed any classes or met the required academic standards. They are awarded because they represent to sort of character that they would like the world to associate with the university. If they prove themselves not that have that character, or stop having that character, then it makes sense to remove the honorary degree.

For academic degrees, the situation is quite different regionally. In Europe, degrees can be (and are) revoked for personal misconduct, though it is rare. For example Earthlin reports that in Germany :

a PhD may be revoked in case of: a wilful act resulting in a prison sentence of one year or more, or a deliberate/wilful offence abusing their scientific qualification. These are quite "mild" conditions, presumably in place to discourage degree holders to engage in behaviour on the wrong side of the law.

Similarly, doog reports that Cambridge is/was in the process of revoking a pedophile's degree, though in this case, the bad acts happened while attending the university and were discovered later.

On the other hand, revocation for personal misconduct in the US is even less likely, as user6726 reports :

In the US, you have a property right to the degree that you earn and pay for (regardless of the ultimate source of funding -- the student has the responsibility to pay), and as long as you don't violate the conditions for obtaining the degree (various forms of dishonesty in admissions and satisfaction of the degree), improper actions after the fact don't license depriving a person of what they have earned.

In the US, an example of honorary degrees being revoked would be the comedian and supporter of higher education, Bill Cosby. As of May 2024, his honorary degree Wikipedia page lists that 62 of his 72 honorary degrees have "been revoked due to his now-overturned conviction on sexual assault charges."

(**) Existing answers are limited to Europe and the US; please feel free to edit this page with your expert knowledge about other parts of the world.

• 7 a PhD may be revoked in case of a wilful act resulting in a prison sentence of one year or more What relevance does a prison sentence have on knowledge bought to the world?! –  user2768 Commented Aug 8, 2020 at 8:26
• 1 Agree. I don't have much more to contribute on this topic, but you or others should feel free to improve this answer. –  cag51 ♦ Commented Aug 8, 2020 at 19:09
• 1 @user2768 Well, we don't know if this refers to academic degrees or just honorary ones, and whether the personal misconduct had to happen during the course of the degree (in which case, as in most other countries the degree can be revoked on the gorunds of breaking the student code of conduct). (but I agree with your sentiment) –  user96809 Commented Aug 8, 2020 at 19:40
• 3 @user2768 none, but degrees in Europe, especially in Germany are historically and a bit still today also seen as a status symbol and sign of honour that is bestowed by the university on the individual. So it's linked to holding the person in high regard. A clearly dishonourable act would be in conflict with that. From another viewpoint by bestowing the degree the university enables the person to hold certain positions and the underlying assumption is that a criminal should not be allowed to hold these. –  Frank Hopkins Commented Aug 9, 2020 at 17:14
• 1 What Earthling says about revocation of degrees due to "a wilful act resulting in a prison sentence of one year of more" seems to apply obly to some universities in Nordrhein-Westfalen, and not to Germany as a whole. In most of Germany, the "wilful act" has to be related to science, according to Wikipedia –  wimi Commented Aug 10, 2020 at 21:03

Criterion: Admissions Fraud

If a student was admitted to a university through fraudulent means and graduated, the university may revoke the degree once it knows that the student should not have attended the institution in the first place. For example, UPenn initiated a policy that states the university may revoke degrees for providing false information on their applications.

• 1 UPenn's policy was in response to the 2019 college admissions scandal. After the 2019 college admissions scandal, several colleges indicated (via public statement or via policy updates) that admissions fraud may result in degree revocation. This was probably already a possibility, but now it's far more publicized. –  Brian Commented Aug 13, 2020 at 15:06

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• Title 5 —Administrative Personnel
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5 U.S.C. 7134 ; § 2429.18 also issued under 28 U.S.C. 2112(a) .

45 FR 3516 , Jan. 17, 1980, unless otherwise noted.

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• § 2429.19 Revocation of assignments.

Consistent with the exceptions in 5 U.S.C. 7115(b) , after the expiration of the one-year period during which an assignment may not be revoked under 5 U.S.C. 7115(a) , an employee may initiate the revocation of a previously authorized assignment at any time that the employee chooses. After the expiration of the one-year period of irrevocability under 5 U.S.C. 7115(a) , upon receiving an employee's request to revoke a previously authorized dues assignment, an agency must process the revocation request as soon as administratively feasible.

[ 85 FR 41172 , July 9, 2020]

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Revocation of Assignment Must Occur within 1 Year of Denial of Claim

The Michigan Court of Appeals has clarified the limitations imposed upon revocations of assignments by health care providers, holding that revocations of assignments occurring more than one year after a claim is denied are bared by the one-year-back rule.

In Wallace v Suburban Mobility Auth for Regl Transp , a patient suffered injuries from an automobile accident and received medical treatment from providers in exchange for executed assignments of rights.  The plaintiff subsequently filed suit within one year of the accident, but several of her medical providers did not.  Under the “one-year-back rule” imposed by Michigan’s automobile no-fault law, a claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which an action is commenced.  In an effort to avoid having their claims barred by the one-year-back rule, the medical providers transferred the assigned claims back to the plaintiff through revocations of assignments so that the claims could be litigated as part of the patient’s timely-filed suit.   

The defendant sought dismissal of the claims transferred by the revocations of assignments, arguing that they were barred by the one-year-back rule. The plaintiff maintained that the claims transferred by the revocations of assignments were not barred because her suit had been initiated within the one-year period.  The trial court agreed with the plaintiff and refused to dismiss the claims transferred by the revocations of assignments.

 The Court of Appeals overturned the trial court’s refusal to dismiss the medical providers’ claims.  The appellate Court explained that “when plaintiff obtained the revocations, each provider’s right to collect on these claims for benefits had already been extinguished by the one-year-back rule, ”so “there remained no actionable causes of action to give back to plaintiff.”  Consequently, “the medical providers did not transfer an interest in a claim to which liability attached.” 

As illustrated by Wallace , understanding the complex time constraints imposed by Michigan’s automobile no-fault law can be crucial if not determinative to recovery.  The AT Law Group remains dedicated to protecting the rights of medical providers and accident victims alike.  If you have any questions regarding Michigan’s automobile no-fault law, feel free to contact us for a free consultation.

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5 CFR § 2429.19 - Revocation of assignments.

Consistent with the exceptions in 5 U.S.C. 7115(b) , after the expiration of the one-year period during which an assignment may not be revoked under 5 U.S.C. 7115(a) , an employee may initiate the revocation of a previously authorized assignment at any time that the employee chooses. After the expiration of the one-year period of irrevocability under 5 U.S.C. 7115(a) , upon receiving an employee 's request to revoke a previously authorized dues assignment, an agency must process the revocation request as soon as administratively feasible.

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• chapter XIV CHAPTER XIV—FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
• part 2429 PART 2429—MISCELLANEOUS AND GENERAL REQUIREMENTS
• subpart A Subpart A—Miscellaneous

View all text of Subpart A [§ 2429.1 - § 2429.19]

§ 2429.19 - Revocation of assignments.

AUTHORITY: 5 U.S.C. 7134 ; § 2429.18 also issued under 28 U.S.C. 2112 (a).

SOURCE: 45 FR 3516, Jan. 17, 1980, unless otherwise noted.

CITE AS: 5 CFR 2429.19

Changing or Removing a Reasonable Accommodation in the Workplace

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From the desk of Lisa Mathess, M.A., SHRM-CP, Principal Consultant, ADA Specialist

Introduction.

According to the Equal Employment Opportunity Commission’s (EEOC) Reasonable Accommodation and Undue Hardship , an employer has an obligation to engage in an informal process when an employee requests a reasonable accommodation in the workplace. Companies are encouraged to develop an interactive process and train staff how to recognize an accommodation request. The goal is for the employee and employer to work together to determine an effective accommodation without causing the employer hardship.

A common misconception is that once an effective accommodation is implemented, the decision is final. However, the interactive process is meant to be ongoing. Accommodations are not guaranteed to last forever and there are times when a change may be needed by the employee or employer.  

Accommodations are individualized and may be continuous or temporary. Even a long-term reasonable accommodation may not be permanent. There are various reasons an accommodation might need to be changed or removed; for example, an accommodation no longer meets the disability-related needs of the employee or begins to pose a hardship, or there are alternative accommodations that would be equally effective and better meet the employer’s business needs. When employers want to change or remove an accommodation, they should engage in an interactive process with the employee to explore alternative ideas.

In some cases, an employee may indicate that they no longer need an accommodation. This may cause the employer to question the ability to remove an accommodation and what appropriate action might be taken. Below are some practical tips for the employee and employer regarding the need for a change in or removal of a reasonable accommodation.

For an employee,

• When a change is needed be sure to communicate with your employer. Follow up with human resources or the person you initially worked with when making your request.
• It may help to explain why the current accommodation is no longer effective or no longer needed. If an alternative accommodation is needed you might consider providing potential ideas.
• If the change is related to a restriction from your medical provider, you might obtain updated documentation from your provider in case it is needed.
• If the employer is initiating a change in accommodation, give them your ideas for alternatives. If the employer suggests an ineffective accommodation, document and explain why it’s ineffective for your needs. (See: How to Inform an Employer That an Accommodation is Not Effective and a Sample Letter )

For an employer,

• If an employee indicates that a change is needed, you likely want to engage and explore alternative options that might be effective without causing you hardship.
• Remember that if an accommodation starts to pose a hardship, you also can initiate the conversation about a needed change.
• If exploring alternative accommodations, make sure they meet the needs of the employee with a disability. Although not required, consider the employee’s preferred accommodation.
• If an accommodation is no longer needed, determine the most appropriate way to document. There is a difference between a restriction and recommendation from the medical provider. If the accommodation was simply recommended by the provider and not required based on a medical restriction, updated medical information may not be needed. You might simply document and have the employee sign off that the accommodation is no longer needed. You might make sure the employee knows who to talk with if anything else changes in the future. If the accommodation was provided based on a medical restriction, then it may be appropriate to ask for updated documentation before removing the accommodation to make sure it’s safe to do so. 

Example A: An employee requested a modified schedule to assist with attending a weekly therapy appointment. The employer approved the accommodation, allowing the employee to flex their Friday schedule. The employee later learned that the therapist was altering hours of operation and approached the employer. The employee asked if they could start flexing their schedule on Wednesdays instead of Fridays. The employer found no hardship in switching the days.

Example B: An employer purchased screen reading software for an employee as a reasonable accommodation. A year later the employer was in the process of updating the company database. They were unsure if the screen reading software would be compatible with the new system. To avoid a potential lapse in accommodation, the employer approached the employee to discuss the concerns and explore alternative screen reading options if a change was needed. 

Example C: A warehouse worker was released to return to work with temporary lifting restrictions following rotator cuff surgery. Medical documentation indicated that the employee could not perform these functions for approximately 3 months. The employer explored accommodation options including job restructuring, reassignment, and leave. It was determined that based on current business need they could restructure and temporarily provide other duties to the employee. Approaching the end of the 3-month time period, the employer followed up with the employee asking for an updated note confirming that they would be able to resume full duties on the previously discussed date.

Example D: An employee was recently diagnosed with a sleep disorder and prescribed medication to assist. Based on the adjustment period and potential side effects the employee decided to disclose and talk to the employer about accommodations. Medical documentation suggested that allowing the employee to work a modified schedule or work remotely may be helpful during this time. The employer found no hardship in allowing the employee to work remotely and discussed a tentative plan for the work from home hours. A month later the employee called the employer and indicated that they felt they no longer needed to work from home and would like to return to the office. The employer asked the employee to email them to document that they no longer needed to work remotely. The employer also indicated for the employee to let them know if they have any difficulty or need anything else in the future. 

Example E: An employee with COPD had been mandated to work from home since March 2020 due to the COVID-19 pandemic. The restrictions were lifted and the worksite resumed normal operations so the employer called all employees back into the office. Updated medical documentation indicated the employee was at higher risk for severe illness from COVID-19 and suggested telework to prevent exposure as a reasonable accommodation. The employer considered the request but opted to provide workplace accommodations such as PPE, social distancing measures between workstations, and increased sanitation and cleaning throughout the building to enable the employee to work on site rather than telework.

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• May 25, 2023
• 23 minutes read

Can a College or University Revoke your Degree?

Table of Contents

Obtaining a degree is a significant achievement that represents years of hard work, dedication, and commitment. However, there are instances where degrees can be revoked due to certain circumstances. Degree revocation is a serious matter that can have lasting consequences for individuals who have worked diligently to earn their credentials.

In this article, we will explore some of the common reasons for degree revocation and delve into the associated implications.

Reasons for Degree Revocation

Following are reason for which a college or a university can revoke your degree:

Academic Misconduct

Falsification of credentials, ethical or professional misconduct, criminal convictions, academic or institutional policy violations.

Let’s get into the details of these.

Academic misconduct is one of the primary reasons for degree revocation. This includes actions such as:

• Fabricating data
• Engaging in any form of dishonesty during coursework, exams, or research projects

Academic institutions take these offenses seriously as they undermine the integrity of the education system and devalue the achievements of others.

Another reason for degree revocation is the falsification of credentials. This occurs when an individual presents false information or forges documents to gain admission to an academic program or to obtain a degree. Falsifying academic records, such as:

• Transcripts
• Certificates
• Letters of recommendation is a violation of academic ethics and can lead to severe consequences.

In certain professions, ethical and professional standards play a crucial role. Instances of ethical or professional misconduct can result in the revocation of a degree, particularly in fields such as:

• Engineering

Engaging in behavior that violates professional codes of conduct or ethics, such as:

• Malpractice
• Unethical research practices can lead to disciplinary action and potential revocation of the earned degree.

In some cases, criminal convictions can lead to college or a university revoking your degree. Depending on the nature of the crime and its relationship to the individual’s field of study or profession, academic institutions may deem it appropriate to revoke the degree. This decision is often made to uphold the institution’s reputation and protect the public’s trust in the profession.

College or university may revoke a degree if an individual is found to have violated academic or institutional policies that are deemed essential for maintaining the integrity of the education system. These violations can include:

• Non-compliance with specific academic requirements
• Breaching ethical guidelines
• Repeated instances of disruptive behavior that adversely affect the academic environment

Types of Academic Misconduct that can lead to Degree Revocation

Academic misconduct encompasses a range of unethical behaviors that undermine the integrity of the education system. When it comes to degree revocation, certain types of academic misconduct carry severe consequences. Below are some common types of academic misconduct that can lead to degree revocation:

Fabrication of Research Data

Falsification of academic credentials.

Plagiarism is the act of using someone else’s work without giving proper credit. It includes copying and pasting from the internet, using someone else’s ideas without citation, and submitting someone else’s work as one’s own. Plagiarism is a serious offense and can lead to revocation of degrees.

Examples of Degree Revocation by Colleges or Universities due to Plagiarism

Jane Smith, a graduate student pursuing a master’s degree in literature, had her degree revoked due to plagiarism. During her thesis submission, it was discovered that significant portions of her work had been directly copied from published sources without proper attribution. The university’s academic integrity committee conducted a thorough investigation and found clear evidence of intentional plagiarism.

As a result, Jane’s degree was revoked, nullifying all the hard work and effort she had put into her studies. This incident served as a stern reminder of the consequences of academic dishonesty and the importance of upholding the principles of intellectual honesty.

Cheating in Exams

• Cheating in exams includes following:
• Using unauthorized materials
• Copying from others

Altering exam answers.

It is a form of academic misconduct that can have significant consequences, including the revocation of degrees. Imagine this scenario which reflects how cheating in exams can affect students.

Read More:  How to Avoid Cheating Even If Your Behaviour was Unintentional?

Examples of Degree Revocation due to Cheating

Mark Thompson, a promising graduate student studying Medicine, faced the revocation of his degree due to altering exam answers. During a crucial medical licensing exam, it was discovered that Mark attempted to modify his answer sheet after the allotted time had ended. The exam proctors noticed the alterations, which involved unauthorized changes to the originally submitted answers. This act was a clear violation of the exam rules and regulations, as it sought to gain an unfair advantage.

The medical licensing board took immediate action, revoking Mark’s degree and prohibiting him from pursuing a medical career. This incident underscored the gravity of altering exam answers and emphasized the significance of maintaining the integrity of the examination process by preventing the use of unauthorized materials or modifications.

Fabrication of research data is a serious violation of scientific and academic integrity. It involves intentionally creating or manipulating data, results, or findings to support desired outcomes or conclusions. Fabrication undermines the reliability and credibility of research, compromising the integrity of the entire scientific community.

Institutions take a strong stance against this form of academic misconduct, and individuals found guilty of fabricating research data may face severe consequences, including the revocation of their degrees.

Here are a few examples of degree revocation based on the fabrication of research data:

Example 1: Lisa Brown’s Revoked Degree for Fabrication of Research Data

Lisa Brown, a doctoral candidate in the field of Psychology, had her degree revoked by university due to the fabrication of research data. During her dissertation research, it was discovered that Lisa had manipulated the results of her experiments to fit her desired hypotheses. The investigation revealed instances of falsified data, altered statistical analyses, and manipulated graphs to support her claims.

The academic integrity committee at her university conducted a thorough investigation, and the evidence of research misconduct was undeniable. As a result, Lisa’s degree was revoked, and she faced disciplinary action. This case served as a significant reminder of the gravity of fabricating research data and its impact on scientific integrity.

Example 2: Mark Davis’s Degree Revocation for Fabrication of Research Data

Mark Davis, an aspiring scientist pursuing a master’s degree in chemistry, faced the revocation of his degree for fabricating research data. Mark was involved in a research project investigating a novel chemical process. However, upon scrutiny of his research findings, it was revealed that he had fabricated data points and manipulated experimental results to support his hypothesis. The scientific community raised concerns about the authenticity of his research, and an independent investigation confirmed the presence of fabricated data. The consequences were severe, with Mark’s degree being revoked, and he was banned from further pursuing a career in research. This incident highlighted the detrimental impact of fabricating research data on the integrity of scientific research and the importance of upholding ethical standards in academia.

These examples demonstrate the serious consequences that individuals can face when they engage in the fabrication of research data. The revocation of degrees serves as a strong deterrent, emphasizing the importance of upholding scientific integrity, maintaining the accuracy and reliability of research findings, and preserving the reputation of the academic community. Institutions strive to ensure the validity of research outcomes and protect the trust placed in the scientific process.

Falsification of academic credentials refers to the act of intentionally misrepresenting or fabricating one’s academic achievements or qualifications. It involves providing:

• False information about degrees earned
• Academic transcripts
• Certifications
• Other academic credentials

This form of academic misconduct undermines the integrity of educational institutions and devalues the hard work and achievements of genuine students. Institutions have strict policies and measures in place to detect and address instances of falsified academic credentials, and individuals found guilty of this offense may face severe consequences, including the revocation of their degrees.

Here are a few examples of degree revocation based on falsification of academic credentials:

Example 1: David’s Revoked Degree for Falsification of Academic Credentials

David Johnson, a high-profile executive in a renowned company, had his degree revoked by a university due to the falsification of academic credentials. David had claimed on his resume and during the hiring process that he possessed a bachelor’s degree in business administration from a prestigious university.

However, during a routine background check conducted by the company, it was discovered that David had never completed the required coursework nor obtained the claimed degree. This revelation led to an internal investigation, and David’s false academic credentials were confirmed. As a result, the company terminated his employment and reported the matter to the university, which subsequently revoked his degree. This incident highlighted the importance of conducting thorough background checks and verifying academic credentials to maintain the integrity of the hiring process and protect the reputation of institutions.

Example 2: Sarah’s Degree Revocation for Falsification of Academic Credentials

Sarah Anderson, an aspiring educator, faced the revocation of her degree for falsifying academic credentials. Sarah had applied for a teaching position at a reputable school, claiming to hold a master’s degree in education from a well-known university. However, during the application process, discrepancies were found between the information provided by Sarah and the official records obtained from the university. It was discovered that Sarah had never completed the required coursework nor earned the claimed degree. The school immediately terminated her application, reported the matter to the university, and initiated an investigation. The investigation confirmed the falsification of academic credentials, leading to the revocation of Sarah’s degree. This incident shed light on the importance of verifying academic qualifications in professional fields where specific degrees and certifications are essential.

These examples illustrate the serious consequences individuals may face for falsifying academic credentials. The revocation of degrees serves as a strong deterrent, underscoring the significance of honesty and integrity in academic achievements. Institutions and employers rely on accurate and verifiable information to maintain trust and ensure the credibility of academic credentials. Upholding the integrity of academic achievements and preventing falsification of academic credentials is crucial for preserving the reputation of educational institutions and ensuring fair opportunities for all individuals.

Read More: Feel Academic Dishonesty Ruined Your Life? Here’s What to do next

Colleges and Universities Criteria for Degree Revocation

Academic institutions have policies in place to determine when degrees should be revoked. Due process and fairness are essential in degree revocation cases. Important consideration with respect to that are as follows:

• Grounds for revocation
• Standard of proof required
• Burden of proof
• Statute of limitations
• Mitigating factors

Role of Academic Institutions in Determining Degree Revocation

Academic institutions play a crucial role in determining degree revocation when academic misconduct is discovered. It is the responsibility of these institutions to uphold academic integrity, maintain the credibility of their degrees, and ensure fairness and due process in handling cases of misconduct. When instances of academic misconduct come to light, institutions have the authority to:

• Conduct Investigations
• Gather evidence
• Make informed decisions regarding degree revocation

They must establish clear policies and procedures for addressing such cases and work diligently to preserve the integrity of their educational programs and qualifications.

Importance of Due Process and Fairness in Degree Revocation Cases

Due process and fairness are essential principles that must be upheld in degree revocation cases. Individuals accused of academic misconduct have the following rights:

• To be heard
• Present their side of the story
• Respond to the allegations against them

The process should be impartial, transparent, and objective, ensuring that all parties involved are treated fairly and have access to a fair hearing. Adhering to due process safeguards against arbitrary or unjust decisions and ensures that individuals have a reasonable opportunity to defend themselves and present evidence in their defense.

Grounds for Degree Revocation

Degree revocation is typically based on serious instances of academic misconduct that undermine the integrity of educational qualifications. Grounds for degree revocation can include:

• Cheating in exams or assignments
• Fabrication or falsification of research data
• Falsification of academic credentials

These offenses represent a breach of academic integrity and call into question the validity and authenticity of the degrees obtained.

Standard of Proof Required

In degree revocation cases, the standard of proof required is typically a “preponderance of evidence” or “clear and convincing evidence.” This means that the evidence provided must establish that it is more likely than not that the individual committed the academic misconduct in question. While the standard of proof may vary slightly depending on the institution and jurisdiction, the general principle is to ensure that the evidence supports a reasonable belief in the misconduct.

Burden of Proof

The burden of proof lies with the academic institution responsible for determining degree revocation. It is their responsibility to present the evidence and demonstrate that the individual engaged in the alleged academic misconduct. The burden of proof rests on the institution to establish the case against the accused, rather than requiring the accused to prove their innocence.

Statute of Limitations

Statute of limitations refers to the time limit within which academic institutions can take action to revoke a degree based on academic misconduct. Different institutions may have varying statutes of limitations, specifying the timeframe within which they can initiate revocation proceedings. This time frame ensures that cases are addressed in a timely manner, balancing the need for accountability with the importance of resolving issues promptly.

Mitigating Factors

In degree revocation cases, mitigating factors can influence the outcome of the decision-making process. Mitigating factors may include factors such as:

• The individual’s prior disciplinary record
• Their overall academic performance
• The circumstances surrounding the misconduct
• Their actions following the discovery of the misconduct

These factors are considered to determine the appropriate course of action and the severity of the consequences.

Good Faith Efforts to Correct Misconduct

Good faith efforts to correct misconduct can be a significant factor in degree revocation cases. If an individual demonstrates genuine remorse, acknowledges their mistakes, and takes proactive steps to rectify the misconduct, it may influence the institution’s decision. Examples of good faith efforts can include:

• Admitting to the misconduct
• Cooperating with the investigation
• Actively seeking ways to make amends for the wrongdoing

Cooperation in the Investigation

Cooperation in the investigation is another important factor that can impact the outcome of degree revocation cases. Individuals accused of academic misconduct are expected to cooperate fully with the investigation, providing any relevant information, and participating in the process as required. Cooperation demonstrates a willingness to take responsibility for one’s actions and can be taken into consideration when determining the appropriate course of action.

Demonstrated Remorse

Demonstrated remorse can also play a role in degree revocation cases. Expressing genuine regret for the misconduct, acknowledging its impact, and showing a commitment to personal growth and ethical conduct can be considered as a mitigating factor. Demonstrated remorse can indicate a sincere desire to learn from the experience and prevent similar misconduct in the future.

In degree revocation cases, academic institutions must carefully consider the following factors:

• Ensuring that due process is followed
• Fairness is upheld, and decisions are made based on the evidence presented.
• Striking the right balance between accountability and fairness is crucial in maintaining the integrity of the academic system while respecting the rights and well-being of individuals involved.

Process of Degree Revocation in Colleges and Universities

Process of degree revocation involves the following:

Investigation

Notification.

• Decision-making

Each of these steps is crucial to ensure that the degree revocation process is fair and transparent.

The first step in the degree revocation process is the investigation of academic misconduct allegations. This step involves gathering evidence to determine whether the accused student has committed academic misconduct that warrants degree revocation. The institution may use various means of investigation, such as:

• Reviewing exam papers and assignments
• Conducting interviews with relevant parties
• Using plagiarism detection software

During the investigation of academic misconduct allegations, relevant parties may ask various questions to gather evidence and gain a comprehensive understanding of the situation. Here are some examples of questions that could be asked:

Questions: Investigator to the Accused Student

• Can you provide your perspective on the allegations of academic misconduct against you?
• Did you have access to the unauthorized materials mentioned in the allegations?
• Can you explain the similarities between your work and the suspected source of plagiarism?
• How did you complete the assignment or exam in question?
• Can you describe your process?

Questions: Investigator to The Faculty Member or Examiner

• Did you notice any irregularities or suspicious behavior from the accused student during the exam or while submitting the assignment?
• Did the accused student seek any clarification or guidance related to the exam or assignment?
• Have you encountered similar cases of academic misconduct involving the accused student before?
• Can you provide any additional evidence or observations that could support the allegations?

Questions: Investigator to Other Students or Witnesses

• Did you witness the accused student engaging in any dishonest behavior during the exam or while completing the assignment?
• Did the accused student collaborate or share information with other students in a way that could be considered academically dishonest?
• Have you heard or seen any evidence suggesting that the accused student may have plagiarized or cheated in the past?

Questions: Investigator to The Accused Student’s Peers or Friends

• Have you ever discussed the exam or assignment with the accused student? If yes, can you provide any details about those discussions?
• Did the accused student mention anything about using unauthorized materials or engaging in academic dishonesty?
• Have you noticed any changes in the accused student’s behavior or academic performance that could be relevant to the allegations?

Investigator to The Accused Student’s Academic Advisor or Department Head:

• Can you provide any insights into the accused student’s academic performance, work ethic, or behavior?
• Have there been any previous concerns or reports regarding the accused student’s academic integrity?
• Did the accused student receive any warnings, counselling, or disciplinary actions related to academic misconduct in the past?

These questions are intended to shed light on the circumstances surrounding the allegations and gather evidence that can be used to support or refute the claims of academic misconduct. The investigators aim to gather all relevant information to make an informed decision regarding the degree revocation process.

Once the investigation is complete, the student is notified of the allegations against them. The notification typically includes:

• Information about the nature of the alleged misconduct
• The potential sanctions that may be imposed
• The process for responding to the allegations.

The accused student is given the opportunity to respond to the allegations against them. This response may include:

• Presenting evidence in their defence
• Providing explanations for their conduct
• Responding to any questions or concerns raised by the institution

After the accused student has responded to the allegations, a hearing is usually held to determine whether the student has committed academic misconduct. During the hearing, both the accused student and the institution can present evidence and arguments in support of their respective positions.

Types of Hearings

Hearings can take various forms depending on the institution’s policies and procedures. They may include:

Informal Hearings: These are typically conducted by a panel or individual responsible for evaluating the evidence and deciding. The process may involve a less formal presentation of evidence and the opportunity for the accused student to provide their account.

Formal Hearings: These are more structured proceedings where evidence is presented, witnesses may be called, and both parties can cross-examine and make arguments. Formal hearings often follow specific rules of procedure.

Decision-Making

The decision-making process regarding academic misconduct allegations involves:

• A thorough evaluation of the evidence presented
• Adherence to the institution’s policies and procedures
• Consideration of the applicable standards of proof

After careful consideration, a decision is made regarding the alleged misconduct and any resulting sanctions.

Sanctions for academic misconduct can vary depending on the severity of the offense and the institution’s policies. Some possible sanctions may include:

• Written Reprimand: A formal written warning placed in the student’s academic record.
• Academic Probation: Placing the student on a probationary period with specific conditions to be met.
• Suspension: Temporarily removing the student from enrolment for a specified period.
• Expulsion: Permanent removal of the student from the academic institution.
• Revocation of Degrees or Academic Qualifications: Voiding previously awarded degrees or qualifications due to academic misconduct.

Factors Considered in Determining Sanctions

When determining the appropriate sanctions, decision-makers consider various factors, such as:

• Severity of the Misconduct: The nature and extent of the academic misconduct committed.
• Prior Disciplinary Record: The student’s history of academic misconduct or previous disciplinary actions.
• Impact on Academic Integrity: The potential harm caused to the academic institution, other students, or the integrity of the academic process.
• Level of Cooperation: The accused student’s level of cooperation during the investigation process.
• Mitigating or Aggravating Circumstances: Any factors that may reduce or increase the severity of the offense, such as intent, motive, or any external pressures.

Comparison of Degree Revocation Policies Across Institutions

Degree revocation policies across institutions may vary in grounds for revocation, investigative procedures, decision-making, and sanctions. Best practices for academic institutions in developing policies include:

• Transparency
• Due process

Variations in Grounds for Degree Revocation Across Universities

Following are the examples of variations in grounds for degree revocation across institutes:

Differences in Investigative Procedures

The investigative procedures for academic misconduct allegations may also vary across institutions. Following are examples of universities with differences in investigative procedures for academic misconduct allegations:

Differences in Decision-making and Sanctions

The decision-making process for revocation of degrees may also differ between institutions. Some institutions may involve a student-led panel or committee, while others may rely on a faculty or administrative committee. Following are some examples:

Degree revocation is a serious consequence of academic misconduct. Academic institutions and students must understand the reasons for revocation, the criteria involved, and the process of revocation. Prevention of academic misconduct is crucial in avoiding degree revocation, and academic integrity education is an essential strategy. Transparency, fairness, and due process are critical in developing effective policies for revocation.

Learn more about the benefits of retaining an experienced Education Attorney . We, at K Altman Law, have years of experience representing clients in academic misconduct cases. If you are wondering what to do next after being accused of academic misconduct, contact K Altman Law  today or call us at 888-984-1341 to learn more about the legal services we offer.

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Accused of cheating or plagiarism after graduating. Can a university rescind your degree?

On Behalf of Asselta Law P.A. | Dec 13, 2018

You worked hard for your degree and celebrated graduation. You move on to a career in your field and start to build a professional reputation. Suddenly, you are contacted by your university and accused of academic dishonesty. Years have passed since graduation, how is this possible? Read on for the answer from a defense attorney for students.

Can my university come back years later and accuse me of cheating or plagiarism after graduation?

That depends. Some colleges and universities handbooks state that academic integrity violations must be brought within a certain period of time. However most do not set time limits on academic dishonesty issues. In those cases, if your school receives information that indicates you may have violated the honor code, you can still face the academic integrity process.

I graduated and have been working in the field with my degree. Can my university take it back?

Yes. If your university believes that you committed an academic integrity violation, and there is no limit on when the university can bring charges, they can open an investigation into the incident. If during the academic hearing process, you are found responsible for cheating or plagiarism, they can rescind your degree.

I did not cheat or plagiarize; how can I defend myself?

The process an alumnus will face is the same that a current student will face. There will be an investigation into the incident and committee hearing held. You must prepare your best defense to the allegations to protect your degree.

I had a dissertation committee for my doctorate. They never indicated any problems.

Students with a doctorate who relied on a dissertation committee may be able to use those members to help build a defense.

I am being accused of plagiarism years after my dissertation was completed. Can my university do that?

Yes. If the university received information that you earned a doctorate or other advanced degree by possibly cheating or plagiarizing, they can investigate. If there is merit to the allegation, they will charge you with an academic integrity violation. If you are charged with an honor code violation, you must defend yourself to prevent the school from rescinding or suspending your degree.

Can you help me stop the university from rescinding my degree?

Yes. I help students all over the country build successful academic integrity defenses.

Call today for a free consultation. 855-338-5299

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Can absolute assignment be revoked?

Nope. Absolute assignments are permanent and cannot be revoked .

Is an absolute assignment permanent?

Is absolute assignment the same as irrevocable assignment.

Absolute Assignment means the irrevocable transfer by an assignor to an assignee of all property rights, title, interests and incidents of ownership, both present and future, relating to the assigned group insurance coverage(s). Assignor means the person who makes the assignment.

What's an absolute assignment?

Definition: An absolute assignment is the act of complete transfer of the ownership (all rights, benefits and liabilities) of the policy completely to other party without any terms and condition . Description: Absolute assignment shifts the ownership of the insurance policy.

What does absolute assignment of life insurance mean?

Absolute assignment in insurance involves signing over your entire policy to another person or entity . The person who is selling or gifting the policy is known as the assignor, and the individual or individuals who receive it are the assignee.

Why Absolute Assignment ?

Can a life insurance policy owner revoke an absolute assignment?

Does assignment cancel nomination.

The assignment may lead to cancellation of the nomination in the policy only when it is done in favour of the insurance company due to a policy loan . Assignment for all insurance plans except for the pension plan and the Married Women's Property Act (MWP), can be done.

What is the difference between an absolute assignment and a collateral assignment?

If an absolute assignment was made, the company will pay the entire proceeds to the assignee. If a collateral assignment was made, the company will usually make the check payable jointly to the assignee and the beneficiary.

What is absolute assignment in Malaysia?

There are 2 types of assignments:- Absolute Assignment: Complete rights and ownership of the policy transferred to the Assignee . Conditional Assignment: Rights and ownership of the policy under certain conditions to the Assignee.

What does permit absolute assignment of commission mean?

Assignment of Commissions means, with respect to Commission Rights, an assignment executed by Seller or any of its Affiliates, as the case may be, Buyer or its Affiliates and the related Insurance Company, in a form acceptable to Buyer (unless otherwise provided), including an assignment of all agreements between an ...

Can you revoke a deed of assignment?

1. Signing a deed of assignment is one way that a taxpayer can assign their refund to a third party. Unlike a bare nomination, a deed of assignment can only be revoked if both parties agree , so it is used by tax refund companies to ensure a refund is sent to them in the first instance so they can collect their fee. 2.

How do I get out of an assignment of benefits?

An AOB is a legal contract and it must contain three specific cancellation provisions. The AOB must provide you with an option to rescind the AOB contract within 14 days following its execution by submitting written notice to the third-party .

What are two types of assignments?

The two types of assignment are Collateral (partial), and Absolute (entire face amount) .

How do I surrender the Great Eastern policy?

Mail your request to our Head Office address or your nearest branch . Email your request to [email protected] . Call in to our Customer Service Careline at 1300-1300 88.

What is difference between assign and transfer?

When used as verbs, assign means to set apart or designate something for a purpose while transfer means to pass or move from one person, place, or thing to someone or someplace else .

Is collateral assignment of life insurance irrevocable?

You are the assignor of the agreement and the owner of your life insurance policy. Collateral assignment can only be revoked if your lender confirms that your debt is paid and sends a release of collateral assignment to your insurer .

What is conditional and absolute assignment?

2. Conditional Assignment. Absolute Assignment means complete Transfer of Rights . The person who transfers the rights is called the Assignor and the person to whom the rights are being transferred is called the Assignee.

Does a notice of assignment need to be acknowledged?

A simple acknowledgement of a notice of assignment of a contract or debt by the relevant contract counterparty of the assignor (the recipient) when signed will not create binding obligations between the recipient and the assignee over and above those created by the subject matter of the assignment.

What is equitable assignment?

general, that to entitle one to invoke the equitable right of subrogation, he must either occupy the position ... creditor that he should receive & hold an assignment of the debt as security , or he must stand in such. Madras High Court.

What is an absolute assignment of leases and rents?

Unlike a mortgage, which serves as a lien or encumbrance on real estate, an abso- lute assignment of leases and rents conveys present and immediate owner- ship of the leases and rental income to the lender under New Jersey law .

What happens when you assign a life insurance policy?

Assignment of a Life Insurance Policy simply means transfer of rights from one person to another . The policyholder can transfer the rights of his insurance policy to another for various reasons and this process is called Assignment.

What is an absolute assignment of rents?

With an absolute assignment of rents, the rents are conveyed to the lender upon the filing of the mortgage or assignment in the real estate records .

Can assignment of policy overwrite the rights of a nominee?

Policy ownership does not change under nomination , it continues with the policyholder. It involves transferring rights/ownership from the assignor (policyholder) to the assignee (person/entity). It offers the nominee to avail claim benefits in case of death of the life assured.

What is Section 39 of insurance Act?

Provided that, where any nominee is a minor, it shall be lawful for the policyholder to appoint any person in the manner laid down by the insurer, to receive the money secured by the policy in the event of his death during the minority of the nominee.

What happens if a nominee dies before the maturity of insurance?

What happens if the nominee dies before the policyholder? If the nominee dies before the policyholder, the proceeds are payable to policyholder or his heirs or legal representatives or holder of succession certificate .

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Can My College Degree be Revoked?

I graduated from a university last May. After a long and grueling job search I finally got a job in my field and started two weeks ago and everything seemed great. My anxiety of feeling like a failure left, I lost a considerable amount of weight. My life wasn't great but it seemed like it was getting better and I was happy I was starting to turn it around. Flashback to a few weeks ago a coworker of mine (at my old job at a restaurant) messaged me on Facebook asking if he could see my final project from last year (this coworker was in the same major at the same school). I always said no when people would ask to see my work but I was graduated and I was riding off a high (this was days after receiving the job offer I took) I sent it to him. I didn’t think much of it after that, He said thanks and that was that. Flash forward to yesterday night the professor from that class emailed me asking me how a student from her current semester could be submitting the same final project as me from last fall. I freaked I didn’t know what to do I realized they could revoke my degree for cheating. I knew my former coworker was working last night so I drove over and talked to him and basically told him she knows you cheated and I’m going to tell the truth and throw him under the bus. He was mad at me for telling him at work but told me I should do what I have to do. I emailed my professor apologizing for what I had happened. I explained the nature of the relationship between me and my coworker and explained that he asked me to send my project to him because “He was having trouble “. This is where I sort of lie I then told her “I sent him my project under the impression he was going to look at it for guidance and not to just blatantly copy it”. I then went on to say “I am very sorry and I am also upset I have never cheated in my life and I do not condone cheating. I will provide the fullest of cooperation”. This was all written under the fear that my degree would be taken away and that I would lose my job, basically I reverted back to feeling like a failure. I panicked and completely threw him under the bus. She wrote back after my email thanking me for the info and to never give my work away and wished me a happy new year. I feel terrible mainly because I basically tattled on my former coworker. I really am not a cheater and it was stupid of me to send him my project. I kind of knew at the time he was going to probably copy it but for some reason I did it. I know I didn’t pull the trigger, but I did give him the ammunition and what’s worse I basically told him that I’m going to save my ass and then he had to go back to work. What kills me too is I’m still worried I’m going to get in trouble and once again am filled with anxiety. This sucks I was just turning my life around and now I feel like I’m going to get into serious trouble and may have inadvertently screwed someone’s life over. Basically my question is can my former college revoke my degree upon what happened? Never in our messages did my Coworker state his intent to hand my project in nor did I tell him he could.

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The assignment can not be revoked if the obligor has already performed The assignment can not be revoked if the assignee has received a token chose ( chose being derived from the French word for "thing", as in a chose of action) - a physical object that signifies a right to collect, such as a stock certificate or the passbook to a savings account.

An assignor can revoke an assignment by notifying the assignee of the revocation, by accepting the obligor's performance, or by subsequently assigning the same right to another party.

Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court, 35 Cal. 2d 109, 113-114 (Cal. 1950). An assignment will generally be permitted under the law unless there is an express prohibition against assignment ...

Revoking an Assignment - A gratuitous (gift) assignment cannot be revoked if the assignment is made pursuant to a written document signed by the assignor. If no writing exists, revoking a gratuitous assignment that has not been performed is extremely easy (because no physical transfer has taken place). It can be revoked by an assignor later ...

Step 4. Make two copies of the letter. Mail or deliver the original to your employer and mail a copy to the creditor. Save the other copy for your records. Tip. Although many creditors may imply that the wage assignment cannot be revoked, the small print at the bottom of the loan contract will generally state that it can, in fact, be revoked.

The validity of an assignment may depend on the kind of language used in the written agreement. It needs to be in the present tense. That is, the assignor must state, "I am assigning my contract rights to X party," rather than "I will be assigning my contract rights to X party". Find the Right Contract Lawyer.

a PhD may be revoked in case of: a wilful act resulting in a prison sentence of one year or more, or. a deliberate/wilful offence abusing their scientific qualification. These are quite "mild" conditions, presumably in place to discourage degree holders to engage in behaviour on the wrong side of the law.

§ 2429.19 Revocation of assignments. Consistent with the exceptions in 5 U.S.C. 7115(b), after the expiration of the one-year period during which an assignment may not be revoked under 5 U.S.C. 7115(a), an employee may initiate the revocation of a previously authorized assignment at any time that the employee chooses.After the expiration of the one-year period of irrevocability under 5 U.S.C ...

September 12, 2023. The Michigan Court of Appeals has clarified the limitations imposed upon revocations of assignments by health care providers, holding that revocations of assignments occurring more than one year after a claim is denied are bared by the one-year-back rule. In Wallace v Suburban Mobility Auth for Regl Transp, a patient ...

Revocation is an annulment or cancellation of a statement or agreement. In the context of contracts, revocation may refer to the offeror canceling an offer.For example, California Civil Code § 1586 provides that an offer "may be revoked at any time before its acceptance is communicated to the proposer, but not afterwards." Revocation may also refer to a buyer's rejection of goods that ...

Consistent with the exceptions in 5 U.S.C. 7115(b), after the expiration of the one-year period during which an assignment may not be revoked under 5 U.S.C. 7115(a), an employee may initiate the revocation of a previously authorized assignment at any time that the employee chooses. After the expiration of the one-year period of irrevocability under 5 U.S.C. 7115(a), upon receiving an employee ...

Consistent with the exceptions in 5 U.S.C. 7115 (b), after the expiration of the one-year period during which an assignment may not be revoked under 5 U.S.C. 7115 (a), an employee may initiate the revocation of a previously authorized assignment at any time that the employee chooses. After the expiration of the one-year period of irrevocability ...

Sample Clauses. Revocation of Assignment. The assignment effectuated by this Agreement may be revoked by Xxxxxxxxxx and San Dieguito if SEJPA abandons or ceases to maintain and operate the Reservoir for any consecutive period of seven (7) years or more, upon written notice to SEJPA specifying the effective date thereof at least one hundred ...

When employers want to change or remove an accommodation, they should engage in an interactive process with the employee to explore alternative ideas. In some cases, an employee may indicate that they no longer need an accommodation. This may cause the employer to question the ability to remove an accommodation and what appropriate action might ...

In IPPS-A, this Reason Code represents a temporary assignment. When reviewing a temporary assignment this action may be taken. (Select all that apply) An approver may perform these actions on a Member's assignment. (Select all that apply) To depart a Member on an assignment, select _____ and _____. After submission of the arrival transaction ...

People have had degrees revoked when it was discovered that an important assignment was plagiarized. In practice, you're probably safe, because you just made a mistake. You didn't deliberately aid and abet plagiarism, and you turned the fucker in the second it happened. ... Oh, and they can't revoke your degree for that. Your professor sounded ...

College or university may revoke a degree if an individual is found to have violated academic or institutional policies that are deemed essential for maintaining the integrity of the education system. These violations can include: Non-compliance with specific academic requirements. Breaching ethical guidelines.

You may be able to revoke the wage assignment. However, you still will owe and have to pay that debt. They could then sue you and get a court judgment and then collect from your paycheck again. You may also consider bankruptcy, depending on your whole financial situation, and who else you owe. Bankruptcy will also stop the wage assignment.

Yes. If the university received information that you earned a doctorate or other advanced degree by possibly cheating or plagiarizing, they can investigate. If there is merit to the allegation, they will charge you with an academic integrity violation. If you are charged with an honor code violation, you must defend yourself to prevent the ...

2nd, you can be recalled from leave at any time the commander deems it justified. Ar 600-8-10 Section VII. 10-13. Rules to recall Soldier from leave. a. The commander is the recall authority when Soldiers are on authorized leave and are needed for return to duty for reasons of military necessity.

But, federal law says wage assignments are legal only if "the assignment by its terms is revocable at the will of the debtor." That means you have to be able to revoke it whenever you want. You ...

1. Signing a deed of assignment is one way that a taxpayer can assign their refund to a third party. Unlike a bare nomination, a deed of assignment can only be revoked if both parties agree, so it is used by tax refund companies to ensure a refund is sent to them in the first instance so they can collect their fee. 2.

Reply. Theta_Zero. • 9 yr. ago. Yes, your degree can be revoked if you are found to have been cheating prior to obtaining the degree, even if the discovery is made after graduation. For example, if you and your coworker both received this project from a third party, that would mean you had cheated to get your degree, and it can be ...

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SUNREEF 80 POWER CATAMARAN

The Sunreef 80 is the quintessential luxury motor yacht for those serious about environmentally-friendly cruising. Designed as a seaworthy and stable power catamaran, the options to "go green" on this yacht are immense. From eco-friendly propulsion from wind, and sun, to the sustainable materials used throughout the interior decor, no one in the industry has made the commitment to reduce your carbon footprint while yachting like the team from Sunreef.

SPECIFICATIONS

• Make Sunreef Yachts
• Model 80 Eco
• Length Overall 78' 6
• Water Capacity 2 x 211 gallons
• Fuel Capacity 2 x 1,056 gallons - 2 x 1,585 gallons

Thanks to the in-house designed and developed solar panel system covering up to 200m², the 80 Sunreef Power maximizes solar energy generation with 40kWp of capacity. Owners have the option of using solar panels, wind turbines, and hydro-electric power derived from the propellers, to charge the ultra-light battery bank which are completely state-of-the-art. It's important to note that these exclusive lithium batteries are 30% lighter than the average marine battery and outperforms it.

Building a Sunreef 80 electric power catamaran allows you to cruise in total luxury and comfort without vibrations, noise, or fumes. If going 100% fully electric is not in your plans, Sunreef has also developed a hybrid model so that you can enjoy the best of both worlds. The hybrid model combines the advantages of the fully-electric motors with the performance of thermal engines. Sunreef can even add a large kite to the yacht for even greater results.

If you have any interest in finding out more about Sunreef's incredible eco-friendly luxury catamarans, we invite you to contact United's Jorge Cabre' at (305) 773-2095 or by email at [email protected].

The below video is of a delivered Sunreef 80, but is not the electric model:

Taking luxury and seaworthiness to a new dimension, this dynamic and elegant craft boasts an authentic power catamaran design. The yacht’s dynamic hull and superstructure stretch the living spaces to the extreme, offering infinite options for a bespoke layout and décor. The 80 Sunreef Power was elected as Best Power Catamaran at the prestigious World Yachts Trophies.

With a bold, contemporary hull styling, the 80 Sunreef Power incorporates classic stainless steel portlights, teak sole decks, high bulwarks and subtle ambience lighting. Her massive garage combined with an aft platform allows the 80 Sunreef Power to take her dinghy, water toys and jet-ski anywhere she goes.

Easily accessed from the salon, the yacht’s full-beam bow lounge is a vast, soothing retreat with amazing amounts of space for sunning and lounging.

The immense volumes in the hulls of the 80 Sunreef Power give plenty of room to tailor every unit’s layout to the most specific requirements. The crew quarters along with the galley and crew mess can be accessed directly from the aft cockpit for more privacy on board. Multiple layout configurations are available to set up luxurious guest cabins for a supreme level of comfort.

Hull number one of the 80 Sunreef Power, "Aria" is equipped with two 1200 HP engines and is not the electric version. She boasts a 3-cabin layout includes a sumptuous master suite, two guest cabins and an impressive main deck saloon. Her flybridge houses a waterfall-fed spa pool with a custom-built bar and oversized sunpads. Aria’s garage carries a large PWC, sea bobs and a fuel tank to fill up both the tender and the jet-ski. (United Yacht sold the Sunreef 80 ARIA ).

Bridge with hardtop layout:

Layout of Flybridge:

Main Deck layout:

Lower deck accommodations layout:

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Interested In This Yacht?

Contact United Yacht Sales below!

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80 Sunreef Power Great White

• Sustainable

DISCOVER THE MODEL

Description.

The 80 Sunreef Power Great White accommodates up to eight guests within her comfortable four-cabin layout. Her propulsion comes from twin 1200HP engines allowing for a top speed of 23 knots and a cruising speed of 16 knots.

Her starboard hull houses the owner’s suite, one of the guest cabins, and the crew quarters. With generous living space, the master stateroom features a walk-in dressing, a sofa, a flip-down ceiling TV above the double bed, and a private fold-out balcony. On the other hand, the port hull accommodates for two more roomy guest cabins as well as the well-equipped galley of the power catamaran .

Great White’s light-filled saloon welcomes guests with two oversized lounging sofas by the aft cockpit, a dining space for eight, and two 77’’ TVs installed back-to-back. An additional lounging spot was set up next to the bow terrace entrance to achieve a flow state onboard the 80 Sunreef Power .

The power catamaran’s full-beam stern cockpit provides for an outstanding alfresco dining space that is well protected from the sun and fitted with a weatherproof TV. Below the large sofa, Great White’s aft garage conceals a large jet-ski and a selection of water toys along with a refueling station. A wide hydraulic swim platform has been installed to carry the yacht’s tender and offer an additional sunbathing spot beside the water.

What is more is that the flybridge of the 80 Sunreef Power Great White provides guests with an exterior lounge arranged in cozy seating areas, a bar, big sunpads and a pop-up TV.

For comprehensive information and guidance on our entire power catamaran range , feel free to  contact the Sunreef Yachts team.

SPECIFICATION

• CLASSIC VERSION

Construction

23.95 m / 78.6 Ft

Length overall

12 m / 39.4 Ft

Beam overall

1600 l (422.68 US gal)

Water capacity

Sunreef Yachts

Naval architecture

2 x 1200 HP

16 000 l (4226 US gal)

Fuel capacity

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