A few things here:
Ok here is the scenario, condensed version...
Took DM class, with another DM candidate. We did EVERYTHING together, step by step. One of the clear violations (learned this later) was that we took all 8 tests together. Not necessarily open book, but we could use our notes and were left in a room by ourselves to finish the tests. We were told we could work together, said instructor thought it funny when he walked by and caught us debating a problem.
One issue id have here is at DM level id expect and demand the student had a proper working knowledge of the instructor manual and the course there were taken so themselves should know what they can and cant do.
Yes the instructor shouldn't allow you to work together BUT on the other hand both of you were in the wrong and should have known what was and wasn't allowed.
Although its a standards breach it also invalidates your DM application and in itself could be seen as reason for no certification.
Did all the swimming part UNSUPERVISED because instructor just had surgury. We went to a local pool that was 50yds, instructor told us to time each other. Found out later this is a no-no also. We did this to the highest standard, keeping times/scores exactly for the 400yd unassisted, the 800yd mask/snorkel/fins, and 15 minute tread water.
Totally alone or was there a lifeguard present? Dont know about US law on this one so cant comment. In the UK it would be against HSE guidelines. Without checking my manual im not sure who can observe or assist the stadimna tests. Not 100% sure it has to be an instructor. Its not impossible another candidate could be used for verification but i'd need to check.
Again "found out later" doesnt wash with me. For a DM candidate you should KNOW and be able to find that information in the instructor manual.
Was told our DM paperwork was submitted to PADI, never came. Went on a trip with LDS/instructor, from his recent surgury he was on really heavy meds, IMHO should not have been diving, leading a trip, or traveling at all, but not my call.
Are you a medic? Did you ask to see proof of fitness to dive? You cant make any call or claim like that unless qualified to do so. Not all medication is a contraindication of diving.
Said instructor got in my face during this trip, in front of the entire group told me he was withholding my DM app, mostly because he said he told me to do something on this trip that he never told me in the first place.
This is where it becomes your word against his. It isnt a standards violation to be rude as such. If he said he was withholding it due to a skillset failure he's entitled to do that. What did he give as a reason?
When we came back I attempted to email, then call about the situation. No answer so I went over to shop and when I asked him about it, telling him I wanted to call PADI, he threatened to call the police and literally threw me out of his shop. Keep in mind there was NO consultation, communication or anything of the sort about any possible problems regarding my DM. Nothing.
Again not really a standards violation if it was for a skillset fail. You can however ask for your paperwork off the shop which they have to submit which should have a record of everything done and the scores.
Also, my progress was posted enthusiastically on SB with other DM candidates. End result? DM candidate friend gets DM card and I have nothing except a threat for small claims court and other possible "infractions or improprieties here on SB".
Again without getting his side of things its impossible to judge here. He could have withheld a card for reasons including failing to make scores, failing on a particular skill or even in the professional attitude and actions area and without knowing his reasoning its impossible to work out who is right and wrong in this.
my only other option is to take my obviously reworked paperwork to another instructor and start over.
That would seem sensible - its not starting over. It would be finishing the bits not completed or going over the bits failed.
On the paperwork that PADI did make said instructor give me, they are not the originals that came with my DM materials,
This bit is confusing - the DM paperwork you just print off the instructor manual - PADI dont send it so how can there be an "original"?
all the 5's I recieved were marked out, and of course, marked down. Also, my waterskills part says "did not witness" so I got no score on any of them
From what you stated above then that is 100% correct in which case no qualification can be awarded.
- keeping in mind the other DM candidate now has his card, and did NOT repeat any of them. His stand, mine do not.
The other guy may have got away with it but it doesnt really mean you can do.
From a purely course point of view above i see 2 reasons for not awarding the certification - firstly the theory is all invalid as it cant be guaranteed to be the students own work and secondly watership skills not witnessed. If that is ALL that is failed its half a days work with another instructor.
As i said though, id have expected a DM candidate to have a working knowledge of the instructor manual and the standards for the course they're actually doing so should know about the theory exams and supervision aspects etc.
Without hearing the instructors own explanation for withholding qualification nobody can conclude one way or another from these posts. Technically from what you admitted above you havent completed the course so cant be awarded it according to standards.
Whether the instructor breached standards as well is a totally separate issue from that.
EDIT:- To clarify my post which is way too long:
The assisted theory exams. Is this a breach of standards? YES if the instructor knew it wasn't the students own work
The unsupervised waterskills. Is this a breach? NO if the instructor put "NOT WITNESSED" on the form. If he had put "YES" it would have been.
Can the course be awarded ? No because the course requirements have not been met in these areas.
The awarding of your qualification and a possible standards breach by the instructor would be 2 totally separate things to deal with.