“Agent” means a person who:
- The Rules of Professional Conduct (the “Rules”) establish the expected standard of professional conduct and competence for Global Education Specialists. The Rules also provide guidance to the profession, with the goal of protecting the public from unprofessional, improper, or incompetent practice.
- A breach of the Rules may result in a Global Education Specialist being disciplined. The Rules cannot address every situation of professional or ethical misconduct. Global Education Specialist shall endeavor to follow the spirit of these rules at all times.
- A person who wishes to practice as a Global Education Specialist must be a member of the Global College of Education Specialists (GCES).
- The Global College of Education Specialists (GCES) is responsible for administering the Rules.
- It is the duty of any person to whom the Rules applies to comply with its provisions.
- Represents a Global Education Specialist with respect to Clients.
- Solicits clients on behalf of a Global Education Specialist.
- Liaises with a Client with the intent to provide information to assist the Global Education Specialist in representing, advising, or consulting with a Client.
An Agent is not a Global Education Specialist and may not represent, advise, or consult with a Client. Any person, either domestic or foreign, assisting Global Education Specialists with obtaining Clients or information regarding Clients, will be deemed to be an Agent.
“Global College of Education Specialists”
This means the corporation mandated to establish standards and regulate the conduct of Global Education Specialists.
Means a person on whose behalf a Global Education Specialist undertakes to represent, advise, or consult with, in respect of any proceeding or application before a Ministry, Officer of an Institute of Learning.
“Conduct Unbecoming of a Global Education Specialist”
Means conduct in a Global Education Specialist’s personal or private capacity that tends to bring discredit upon the profession including, for example:
- Committing a criminal act that reflects adversely on the Global Education Specialist’s honesty, trustworthiness, or fitness as a Global Education Specialist.
- Taking improper advantage of the youth, inexperience, lack of education, lack of sophistication, ill health, or un-business-like habits of another.
- Engaging in conduct involving dishonesty.
- Failing to abide by a fee dispute resolution either resolved by the College or a court of competent jurisdiction.
- Dishonorable or questionable conduct on the part of a Global Education Specialist in either private life or professional practice will reflect adversely on the integrity of the profession and the administration of justice. If the conduct, whether within or outside the professional sphere, is such that knowledge of it would be likely to impair the Client’s trust in the Global Education Specialist, the College may be justified in taking disciplinary action.
- Generally, however, the College will not be concerned with the purely private or extra-professional activities of a Global Education Specialist that do not bring into question the Global Education Specialist’s integrity.
- A Global Education Specialist must abide by any fee dispute resolution of either the College or a court.
This means a person who is in an employee/employer relationship with a Global Education Specialist but does not include a Global Education Specialist.
“Global Education Specialist”
Means any person who is a member of the College who is thereby authorized to represent, advise, or consult with a person in respect of a proceeding or application before a Ministry, Officer, or Institute of Learning
Means the Minister or Ministers responsible for the administration of Education and Immigration Services to a Country.
Means any person or class of person designated as Officers by the Minister to carry out any purpose of any provision of a Ministry, Officer, or Agency of a Country offering Education, Immigration or Citizenship.
Means conduct in a Global Education Specialist’s professional capacity that tends to bring discredit upon the profession including:
- Violating or attempting to violate one of the rules of a Ministry, Officer, Agency, or Institute of Learning of a Country offering Education, Immigration Citizenship, or Residency.
- Undermining or attempting to undermine the College’s mandate and /or governing principles.
- Knowingly assisting or inducing another Global Education Specialist to violate or attempt to violate one or more of the Rules of a Ministry, Ministry, Officer, Agency, or Institute of Learning of a Country offering Education, Immigration Citizenship, or Residency or the by-laws of the College.
- Knowingly assisting or inducing another Global Education Specialist to undermine or attempt to undermine the College’s mandate and/or governing principles.
- Knowingly assisting or inducing an Employee or Agent to violate or attempt to violate one or more of the Rules or a requirement of a Ministry, Officer, Agency, or Institute of Learning of a Country offering Education, Immigration Citizenship, or Residency.
- Or the by-laws of the College.
- Knowingly assisting or inducing an Employee or Agent to undermine or attempt to undermine the College’s mandate and/or governing principles.
- Misappropriating or otherwise dealing dishonestly with a Client’s or a third party’s money or property.
- Stating or implying an ability to influence improperly a government agency or official.
- Engaging in conduct that is prejudicial to the administration of justice.
Means the Global College of Education Specialists.
- A Global Education Specialist owes the Client a duty to be competent to perform any services undertaken on the Client’s behalf.
- A Global Education Specialist should serve the Client in a conscientious, diligent, and efficient manner, and should provide a quality of service at least equal to that which Global Education Specialists generally would expect of a competent Global Education Specialist in a like situation.
- The quality of a Global Education Specialist’s work reflects on the entire profession. While minor errors and omissions do not constitute professional misconduct, a pattern of shoddy work or unprofessional habits may amount to professional misconduct. To avoid claims of professional misconduct, a Global Edcuation Specialist should endeavor:
- to keep the Client reasonably informed.
- to answer reasonable requests from the Client for information.
- to not mislead the Clients as to steps to be taken.
- to do all work in a professional manner without omissions or mistakes.
- to not withhold information from the Client or mislead the Client about the position of a matter in order to cover up the fact of neglect or mistake,
- to make a prompt and complete report when the work is finished, or if a final report cannot be made, failure to make an interim report when one might reasonably be expected.
- A Global Education Specialist will accept only assignments for which he or she is qualified and in which it is believed there may be real benefits to the Client. A Global Edcuation Specialist will recommend that other professionals be retained whenever their special knowledge and skills may be needed by the Client. In particular, a Global Education Specialist has a positive duty to refer a Client to a competent lawyer where the legal issues are complex and require analysis and interpretation of the applicable law by a lawyer, or where the matter clearly requires representation by a lawyer.
- A Global Education Specialist should not undertake representation of the Client before a Ministry, Officer, or Educational Agency of a Country offering Education, Citizenship or Residency unless the Global Education Specialist has the ability and capacity to deal adequately with the matters to be undertaken.
- A Global Education Specialist will act responsibly and with due diligence in the handling of a Client’s case and act within the bounds of the law to obtain the best results possible for the Client in the circumstances.
- A Global Education Specialist may permit an Employee to act only under the supervision of the Global Edcuation Specialist. The extent of supervision will depend on the type of matter, including the degree of standardization and repetitiveness of the matter, and the experience of the Employee generally with regard to the matter in question. The burden rests on the Global Education Specialist who uses his or her Employee to educate the latter concerning the duties that may be assigned to the Employee and then to supervise the manner in which such duties are carried out. A Global Education Specialist should review his or her Employee’s work at sufficiently frequent intervals to enable the Global Education Specialist to ensure its proper and timely completion.
- A Global Education Specialist will keep his or her knowledge and skills up-to-date in compliance with Continuing Professional Development requirements established by the College.
- A Global Education Specialist has a responsibility to adapt to changing professional requirements, standards, techniques, and practices.
- A Global Education Specialist should assume complete professional responsibility for all work entrusted to him or her and should directly supervise Employees to whom particular tasks and functions are delegated.
- Where Agents are utilized, the Global Education Specialist should ensure that all Agents are qualified for the task undertaken. A Global Education Specialist shall be responsible for the acts or omissions of his or her Agents. Agents must be made aware in writing of the requirements that the client’s information is retained in confidence as more particularly described in Part 5.
- If a Global Education Specialist utilizes an Agent, the Global Education Specialist is responsible for the activities of the Agent. An Agent includes not only someone who assists the Global Education Specialist but someone who directs clients to a Global Education Specialist or co-markets with a Global Education Specialist.
- Except with the written permission of the College, a Global Education Specialist may not employ or retain in any capacity having to do with the practice of Education and Immigration law a person whose membership or registration has been removed or suspended by the College or any Designated Professional Body Internationally or share space or be partner or associate with such a person.
- A Global Education Specialist should seek help from colleagues and appropriately qualified professionals for personal problems that adversely affect his or her service to Clients, the College, or the profession.
- A Global Education Specialist should avoid impugning the reputation of colleagues for personal motives; however, subject to the duty of confidentiality, he or she should report to the appropriate authority any unprofessional, illegal, or unethical conduct by colleagues or others. Wherever possible, the Global Education Specialist should request an explanation from this individual to assist the specialist in determining whether there is an obligation to report this individual’s conduct.
- A Global Education Specialist should not engage in professional misconduct or conduct unbecoming of a Global Education Specialist.
- When advising clients, a Global Education Specialist must be both honest and candid.
- When advising a client, a Global Education Specialist must exercise due care and must never knowingly assist in or encourage any dishonesty, provision of misleading information, omission of any required relevant information, fraud, crime, or illegal conduct, or instruct the Client on how to violate the law and avoid punishment.
- When advising a client who does not speak English or French, nor any other language in which the Global Education Specialist is fluent and proficient, it is imperative that the Global Education Specialist make every reasonable effort to engage the services of an interpreter when communicating with the Client.
- A Global Education Specialist must advise the Client promptly and fully regarding any error or omission that has occurred in the matter for which a Global Education Specialist was retained, that is or may be damaging to the Client and cannot be readily corrected. The duty includes recommending that the Client seek independent advice regarding any rights that may arise out of the error or omission. A Global Education Specialist shall further advise the insurer promptly regarding any potential claim arising out of the matter.
- A Global Education Specialist has a duty to give the Client competent advice based on sufficient knowledge of the relevant facts, sufficient appreciation and consideration of the applicable law, operational policies and practices, and a Global Education Specialist’s own experience and expertise.
- A Global Education Specialist should avoid overly bold and confident assurances to the Client, especially when the Global Edcuation Specialist’s employment may depend on advising in a particular way.
- A Global Education Specialist must be aware of and refer Clients in appropriate circumstances to services or benefits for which the Client may be eligible.
- A Global Education Specialist should be on guard against becoming the tool or dupe of an unscrupulous Client, Agent, or persons associated with a Client or Agent.
- A Global Education Specialist must exercise due diligence to prevent the commission of an offense with respect to any proceeding or application before a Ministry, Officer, or Agency of a Country offering Education, Citizenship or Residency.
- A Global Education Specialist has a duty to hold in strict confidence all information concerning the personal and business affairs of the Client acquired during the course of the professional relationship, and should not disclose such information unless disclosure is expressly or impliedly authorized by the Client, is required by law, or is otherwise permitted by the Rules.
- A Global Education Specialist shall take all reasonable steps to ensure the privacy and safekeeping of a Client’s confidential information.
- A Global Education Specialist shall not disclose the fact of having been consulted or retained by a person unless the nature of the matter requires such disclosure.
- Subject to being compelled by law or legal process, a Global Education Specialist shall preserve the Client’s confidential information even after the termination of the retainer, whether or not differences have arisen between the Global Education Specialist and the Client.
- A Global Education Specialist should ensure that Employees and Agents maintain and preserve the Client’s confidential information.
- A Global Education Specialist owes a duty of confidentiality to every Client whether a casual or continuing Client. This duty survives the professional relationship and continues indefinitely even after the professional relationship has terminated, and regardless of whether there are differences between the Client and Global Education Specialist.
- A Global Education Specialist is forbidden from ever using confidential information for his or her own benefit, for the benefit of a third party, or to the disadvantage of the Client.
- Disclosure of confidential information may be permitted where expressly or impliedly authorized by the Client or where compelled by law or legal process. Disclosure may also be permitted where the fee or conduct of a Global Education Specialist has been called into question by the Client – but, in such cases, disclosure may only be permitted to the extent necessary to defend against such allegations.
- A Global Education Specialist should avoid indiscreet conversations or gossip and should not repeat gossip or information about a Client’s affairs, even though the Client is not named or otherwise identified.
- A Global Education Specialist shall not represent parties with potentially conflicting interests in an education or immigration matter, save after adequate disclosure to and with the consent of the parties, and shall not act or continue to act in a matter when there is or is likely to be a conflict of interest.
- A conflicting interest is one that would be likely to affect adversely the Global Education Specialist’s judgment or advice on behalf of, or loyalty to a Client or prospective Client.
- Conflicting interests include, but are not limited to, circumstances where the Global Education Specialist and his or her Employees or family members have an undisclosed financial interest in a Client’s affairs, including the receipt of undisclosed commissions, referral fees, or other real or potential benefits.
- In the case where the Global Education Specialist may receive referral fees or commissions from a financial institution or other company which may enter into an agreement with the Client, the Global Education Specialist shall disclose that he or she may receive fees or commissions and should encourage the Client to receive independent legal advice on any contract or agreement the Client may be entering into with said financial institution or company.
- A conflict also exists where a Global Education Specialist acts for more than one Client and must favor the interest of one Client to the material detriment of another.
- A Global Education Specialist who practices in association with, or in partnership with, a lawyer is obligated to abide by the professional standards ascribed to by these rules.
- This rule requires adequate disclosure to enable the Client to make an informed decision about whether or not to have a Global Education Specialist act for him or her despite the existence or possibility of a conflict of interest.
- Generally speaking, in disciplinary proceedings arising under this rule the Global Education Specialist will have the burden of showing good faith and that adequate disclosure was made in the circumstances and that the Client’s consent was obtained.
- A Global Education Specialist owes a duty to the Client to ensure the safekeeping of the Client’s property in accordance with the law and with the same care of such property as a careful and prudent owner would when dealing with property of like description.
- With respect to the Client’s money paid on account of services to be rendered, or on account of disbursements, a Global Education Specialist should maintain a proper Trust account and adequate records so that at any time the Global Education Specialist may promptly account for and if necessary deliver such property to the Client.
- It is generally improper for a Global Education Specialist to withhold from the Client immigration documents or other valuable property held on behalf of the Client as collateral for an unpaid debt.
- When representing the Client before an Institution or Agency, the Global Education Specialist should resolutely, and honourably, within the limits of the law, represent the Client’s interest while treating any members of a Ministry, Officer or Educational Agency of a Country with respect and due courtesy.
A Global Education Specialist as advocate must fearlessly raise every issue and advance every argument in advancing the Client’s interests, but must do so fairly and honourably, without illegality, and in a manner consistent with the duty to treat Officials, and other practitioners with candour, fairness, courtesy and respect, and must abide by the procedural rules of the Ministry, Officer or Educational Agency.
- The duty to fearlessly raise every issue and advance every argument is limited by the concurrent duty of a Global Education Specialist to not abuse any Education, immigration or tribunal process by pursuing manifestly unfounded or spurious applications or claims.
- It is a mandatory requirement that the Global Education Specialist provides the Client with a written retainer agreement or engagement letter that clearly states the matter and scope of services for which the Global Education Specialist is retained, fully discloses the fees and disbursements being charged, such fees being fair and reasonable in the circumstances, any other remuneration being received as a consequence of the matter, and payment terms and conditions. The retainer agreement must disclose that the Global Education Specialist is a member of the College and must provide electronic, telephonic, and address details as to how the Client may contact the College.
- The retainer agreement shall provide a written complaint procedure regarding client fee disputes, the failure to respond to requests for information, and the return of the client’s property. The retainer shall provide that the complaint be made in writing to the member and that the member will address the concerns of the client within a specified time period.
- Clients must be advised, in writing, of the internal complaint procedure available to them.
- The retainer agreement must provide the Global Education Specialist’s complete contact information, and include all details required for the complaint to be processed, as well as the specified timeframe for the Global Education Specialist to respond.
- The Global Education Specialist must keep records of complaints from Clients; and be able to demonstrate to the College whether a resolution was achieved; how it was resolved; and/or reasons why the matter could not be resolved.
- A Global Education Specialist must not appropriate any money or property of a Client held in trust or otherwise under the Global Education Specialist’s control for or on account of fees or disbursements without the express or implied authority of the Client.
- A Global Education Specialist may not hold Client money, for the benefit of a third party except for money to pay the Global Education Specialist’s fees, including Agent’s fees, Government fees, and disbursements related thereto. For greater clarity, the prohibition on holding Clients’ money applies to money that the Client needs to qualify for any eligibility program.
- Factors to be considered when determining whether a fee is fair and reasonable in the circumstances include: the nature of the services to be performed; the time required; the Global Education Specialist’s experience, ability, and the degree of responsibility assumed; and the benefits that accrue to the Client.
- The Global Education Specialist must not receive hidden fees or commissions or other remuneration arising out of his or her representation of the Client unless possible receipt of the same has been disclosed in the retainer agreement or engagement letter.
- Contingent fees can be appropriate, where the terms are fully disclosed in writing and understood by the Client.
- A Global Education Specialist is not to hold money for a Client, aside from fees necessary to process the Client’s application or filing fees for a proceeding. In particular, a Global Education Specialist must not take possession of money that the Clients are required to expend for any qualifying program.
- A Global Education Specialist must issue receipts, proper statements of account, and retain proper records for the safeguarding of, and timely reporting to the Client with respect to payments received or funds held in trust.
- Breaches of this rule and misunderstandings about fees and financial matters bring the profession into disrepute. The Global Education Specialist must try to avoid such conflicts and must be prepared to explain the basis of charges, especially if the Client is unsophisticated or uninformed about the proper basis and measurement for fees. Furthermore, the Global Education Specialist is under a positive duty and should either in the retainer agreement or engagement letter, or upon an issue with respect to fees arising, must advise the Client in writing that a procedure exists for reviewing the account on behalf of the Client by the College.
- Obligatory withdrawal – A Global Education Specialist shall sever the specialist-client relationship or withdraw as a representative if:
- discharged by the Client.
- instructed by the Client to do something illegal or in contravention to any Rules of the College.
- the Global Education Specialist’s continued involvement will place the Global Education Specialist in a conflict of interest, or
- the Global Education Specialist is not competent to handle the matter.
- Optional withdrawal – A Global Education Specialist may, but is not required, to sever the specialist-client relationship or withdraw as a representative if there has been a serious loss of confidence between the Global Education Specialist and Client, such as where:
- the Client has deceived the Global Education Specialist.
- the Client has refused to give adequate instructions to the Global Education Specialist.
- the Client has refused to accept and act upon the Global Education Specialist’s advice on a significant point.
- Residual right to withdraw – In situations not covered by rules 10.1 and 10.2, a Global Education Specialist may sever the specialist-client relationship or withdraw as representative only if the severance or withdrawal:
- will not be unfair to the Client.
- is not done for an improper purpose.
- Unfairness to the Client will depend on the circumstances of each case, but will normally include consideration of whether the severance or withdrawal will:
- occur at a stage in the proceedings where the Client will have to retain another Global Education Specialist to do the same work, or part of it, again.
- leave the Client with insufficient time to retain another Global Education Specialist.
- give the newly retained Global Education Specialist insufficient time to prepare to represent the Client.
- The improper purpose will depend on the circumstances of each case, but will include severance or withdrawal in order to:
- delay any proceeding or application before a Ministry, Officer or Education Agency of a Country.
- assist the Client in effecting an improper purpose.
- Withdrawal for non-payment of fee – Where, after reasonable notice, the Client fails to provide funds on account of disbursements or fees, a Global Education Specialist may withdraw unless serious prejudice to the Client would result.
- Manner of withdrawal – When a Global Education Specialist withdraws; the Global Education Specialist should try to minimize expense and avoid prejudice to the Client and should do all that can reasonably be done to facilitate the orderly transfer of the matter to the successor Global Education Specialist. Upon discharge or withdrawal, a Global Education Specialist should:
- Deliver to or to the order of the Client all papers and property to which the Client is entitled.
- Give the Client all information that may be required in connection with the case or matter.
- Account for all funds of the Client then held or previously dealt with, including the refunding of any remuneration not earned during the representation.
- Promptly render an account for outstanding fees and disbursements.
- Co-operate with the successor Global Education Specialists as to minimize expense and avoid prejudice to the Client.
- Notify in writing to any Ministry. Office or Educational Agency where the Global Education Specialist’s name appears as representative for the Client that the Global Education Specialist has withdrawn.
- Duty of successor Global Education Specialist – Before agreeing to represent a Client, a successor Global Education Specialist should be satisfied that the former Global Education Specialist has withdrawn, or has been discharged by the Client.
- A Global Education Specialist should make professional services available to the public in an efficient and convenient manner that will command respect and instill confidence, and by means that are compatible with the integrity, independence, and effectiveness of the profession.
- A Global Education Specialist or his or her agent shall not engage in false or misleading advertising or representations. In particular, a Global Education Specialist or his or her agent shall not misrepresent or mislead a client as to his or her qualifications, services, fees, available programs, or benefits. In addition, a Global Education Specialist or his or her agent shall not provide false or unrealistic expectations as to either results or processing times. Under no circumstances shall a Global Education Specialist or his or her Agent purport to have special access or influence with respect to any Minister, Officer, or Educational Agency of a Country.
- In all instances, advertising should be in good taste and is not such as to bring the profession or the College into disrepute.
- Example of “purported special access or influence” includes but is not limited to; pictures with or letters received from employees or Education officials.
- Use of the term “guarantee” when describing services or fees is inappropriate and must be avoided. Wording such as “refund policy” or reference to contingent fee arrangements, if factual and supported in writing in a retainer agreement or engagement letter, may be appropriate.
- A Global Education Specialist has a positive duty to promote the Society and Rules, and to prevent the unregulated practice and is encouraged where appropriate to educate the public at large regarding the College and the regulatory system and safeguards with respect to Global Education Specialists.
- Former government officials currently acting as Global Education Specialists must take special care to ensure representations regarding their qualifications and past employment are strictly factual, and must not promote the notion that they may have special access or influence since any suggestion of special access or influence regarding the education or immigration process brings the integrity of the education or immigration process into disrepute.
- A Global Education Specialist shall clearly distinguish his or her own credentials from those of a lawyer licensed to practice law in any province/territory/country, and shall not refer to any foreign credential or in any other way make representations that may reasonably lead to a misapprehension that the Global Education Specialist is a lawyer, provides legal services or has credentials as a lawyer when that is not the case. Unless that person is, in fact, a lawyer in good standing of that specific jurisdiction.
- A Global Education Specialist who engages in another profession, business, or occupation concurrently while acting as a Global Education Specialist shall not allow such outside interest to jeopardize his or her professional integrity, independence and competence.
- The term “outside interest” covers the widest range of activities such as, but not limited to: real estate agent; mortgage broker; financial advisor; tax specialist; and accountant. Where the outside interest is not related to the services provided as a Global Education Specialist, then there will likely be no issue of concern. However, there will be a concern if the outside interest compromises the Global Education Specialist’s competency, either because a conflict with a Client’s interest or because too much time is spent on the “outside interest” resulting in a lack of attention to or preparation in a particular matter or in the failure to maintain professional standards.
- No Client or anyone else with whom a Global Education Specialist interacts shall be discriminated against on such grounds as age, gender, sexual orientation, same-sex partnership status, marital status, family status, national or ethnic origin, ancestry, race, color, religion, creed, citizenship, physical or mental disability, political affiliation, or socio-economic status. This does not abrogate the Global Education Specialist’s right to refuse to accept a Client for legitimate reasons.
- A Global Education Specialists shall respect the dignity and integrity of all individuals and ensure fair and equitable treatment in all aspects of the provision of education or immigration services.
- A Global Education Specialist is subject to the disciplinary authority of the College regardless of where the person’s conduct occurs or where the person resides.
- The College may discipline a Global Education Specialist for Professional Misconduct.
- The College may discipline a Global Education Specialist for Conduct Unbecoming of a Global Education Specialist.
- A Global Education Specialist subject to discipline may also be required to pay all or a portion of the costs associated with the investigation and hearing of the discipline proceeding.
- A Global Education Specialist shall immediately notify the College and clients of any changes in contact information, including but not limited to home and business address, telephone, facsimile and electronic address.
- A Global Education Specialist shall reply promptly to any communication from the Society.
- A Global Education Specialist shall not in the course of a professional practice send correspondence or otherwise communicate with a complainant, another Global Education Specialist, or any other person in a manner that is abusive, offensive or otherwise inconsistent with the proper tone of a professional communication from a Global Education Specialist.
- The Global Education Specialist shall not communicate with a complainant on a matter if the complainant has so requested.
- A Global Education Specialist shall act toward the College with respect and dignity.
- A Global Education Specialist shall not bring discredit upon the College by acting in such a way as to undermine or threaten to undermine the College’s mandate and/or governing principles.
- A Global Education Specialist shall not engage in electronic harassment by continuing to send unsolicited email messages of an abusive, offensive, intrusive, unprofessional or unwanted nature to another Global Education Specialist or a member of the public where the recipient has expressly requested that the sender remove him/her from the sender’s list.
- Electronic harassment is the act of harassing an internet user or group of users by sending the user or group of users unsolicited email messages of an abusive, offensive, intrusive, unprofessional, or unwanted nature.
- This form of harassment may also occur through the use of spam. Email spam targets individual users with direct mail messages from address lists that are created by appropriating or stealing internet mailing lists or by searching web pages, list serves, and forums for addresses.
- A message becomes harassment when the recipient has asked the sender to cease contact and the sender refuses or fails to honor the request of the recipient not to receive the electronic mail and/or messages in the future.