"Arbitrary and Capricious means doing something according to one’s will or caprice and therefore conveying a notion of a tendency to abuse the possession of power. In U.S this is one of the basic standards for review of appeals."
I think more appropriate comparison is someone selling you 2/3 of a car, and charging extra for the remaining part. You can't do anything with 2/3 of a car or 2/3 of a degree, and the retailer knows they have you by the balls at that point.