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  1. #31

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    I thought he was intro. But, maybe we should not let this thread just become a continuation of the other (LONG) thread? He asked what the standards say and I think he was exactly right that they lack the specificity needed to resolve this question. Ultimately, that probably means it's up to the BoD to decide whether it violates the "spirit of the law"


  2. #32
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    Quote Originally Posted by Aotus View Post
    Ultimately, that probably means it's up to the BoD to decide whether it violates the "spirit of the law"
    How can the NACD "spirit of the law" apply to a class taught for another agency with students certified from another agency?



  3. #33

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    Quote Originally Posted by nakatomi View Post
    How can the NACD "spirit of the law" apply to a class taught for another agency with students certified from another agency?
    Easy, you are licensed to tach under their name, and you take a student (any student) beyond where they think is safe...they decide you aren't keeping with the spirit of the law, that is, making decisions that are sufficiently conservative given the conditions and capabilities of the student. They can't affect your other licenses, but I think that if the decision is based on the spirit of the law, or the overall goal to only have your brand on teachers that conform to your idea of safe practices, you, the BoD can decide that the class violated your trust in the instructor, and remove them from your agency. I'm trying to be abstract, because I don't know, or care to know all the nitty gritty details, I'm speaking generally about how the spirit of the law might play into the decision regardless of ambiguity in the written standards.


  4. #34
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    Quote Originally Posted by Aotus View Post
    Easy, you are licensed to tach under their name, and you take a student (any student) beyond where they think is safe...they decide you aren't keeping with the spirit of the law, that is, making decisions that are sufficiently conservative given the conditions and capabilities of the student. They can't affect your other licenses, but I think that if the decision is based on the spirit of the law, or the overall goal to only have your brand on teachers that conform to your idea of safe practices, you, the BoD can decide that the class violated your trust in the instructor, and remove them from your agency. I'm trying to be abstract, because I don't know, or care to know all the nitty gritty details, I'm speaking generally about how the spirit of the law might play into the decision regardless of ambiguity in the written standards.
    Sure, all the while applying their "spirit of the law" of the day to only one specific instructor, while others may do as they please? Come on....


  5. #35
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    Making the standards of any certifing agency easily availible and clearly understood to any diver is of great benefit in discussions/situations like this - most have the major ones right there on the card - I also think excercising good judgement (that should have been or is being demonstrated and evaluated) is what should "fill in" any areas of confusion or misunderstanding. What constitutes good judgement can be somewhat subjective, but thats where experience and mentor/role model input can be used to positive effect.


  6. #36
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    Quote Originally Posted by Aotus View Post
    Easy, you are licensed to teach under their name
    There are no "licenses" in scuba diving, other than a captain's license.

    Whoever said money can't buy love never bought a puppy.

  7. #37

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    Quote Originally Posted by nakatomi View Post
    Sure, all the while applying their "spirit of the law" of the day to only one specific instructor, while others may do as they please? Come on....
    That is not what I'm talking about at all. And if you read the end of my post you can see I was only discussing the philosophy of applying this reasoning to the general situation.


  8. #38

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    Quote Originally Posted by caveflyer View Post
    Making the standards of any certifing agency easily availible and clearly understood to any diver is of great benefit in discussions/situations like this - most have the major ones right there on the card - I also think excercising good judgement (that should have been or is being demonstrated and evaluated) is what should "fill in" any areas of confusion or misunderstanding. What constitutes good judgement can be somewhat subjective, but thats where experience and mentor/role model input can be used to positive effect.
    Agreed.


  9. #39

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    Quote Originally Posted by Slüdge View Post
    There are no "licenses" in scuba diving, other than a captain's license.
    Completely silly.


  10. #40
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    Quote Originally Posted by Aotus View Post
    And if you read the end of my post you can see I was only discussing the philosophy of applying this reasoning to the general situation.
    I understand what you are trying to say. The point is, any attempt to understand the reasons behind and the basis for the suspension is completely useless.
    The decision was made because the BoD wanted to. End of story.



 

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