Failing a class

I have a class where it’s based on a midterm30% homework’s20% and a final 50%. I did well on all the other assignment but failed the final really badly and my grade is a 55 in the class now. But when I went to read over the syllabus I stumbled across this section. “Curving Up and Down: If the class average grade on the midterm and/or final exams fall below 85, the entire class grades will be curved up to 85; but it the average midterm and/or final exams exceed 85, each student’s grade will be reduced by the excess above 85. Curving is designed to obtain a normal distribution of the grades similarly as in in-class exams.” By my understanding if the average of the class is below an 85 he’ll curve everyone’s grades up to an 85. The class average is a 74 so he should be doing that from my understanding. If he does not do that and I fail the class because of it should I email the dean with the syllabus attached and explain?