| Statement of the Problem. The purpose of this study was to identify circumstances and criteria which courts recognize in protecting students as educational consumers in legal actions against postsecondary institutions answerable under breach of contract and tort claims of negligence and misrepresentation.; Procedure. This study is based on analysis and interpretation of legal cases. The procedures followed included data collection, data organization, data analysis, and interpretation of findings.; Findings. Major findings of this study under contract indicate the following: (1) The student-institutional relationship displays essential conditions of a contract: agreement between two or more competent parties, valid subject matter, legal considerations, mutuality of obligation, and mutuality of agreement. Catalogs, bulletins, and regulations disseminated to matriculants become part of the contract. (2) Discretionary academic decisions are not judicially reviewable. Courts may not substitute their judgment for that of academic authorities in absence of bad faith, arbitrariness, or capriciousness. (3) Courts will hold institutions to adherence to their established procedures. Guidelines establishing procedures, once adopted, must be observed and standards uniformly applied to all students. (4) The university has the duty to provide high quality academic training leading to academically respectable degrees earned by the satisfaction of reasonable, consistent standards and procedures. (5) Where a determination is made affecting students with whom the university has contracted, unless there is shown to be an impossibility of performance, a contract must be fulfilled or damages awarded. (6) Some courts hold academic agents responsible for information or advice offered to students; this rule will not apply when results override a determination concerning students' academic qualifications.; Major findings under tort claims: (1) Academic authorities are responsible for the safety and welfare of students enrolled in their institutions. Supervision required is commensurate with the students' age and the attendant circumstances. Institutional noncompliance with approved safety ordinances, failure to reasonably foresee possible dangers in the use of unsafe equipment, and failure to instruct students in safety procedures are considered negligible actions of institutions. (2) Institutions are responsible for providing accurate information in their promotional, informational, and academic materials, and by their authorized agents. (3) Courts usually favor students' claims of misrepresentation when proven that the school intentionally made false statements intended to induce students' reliance on the representation. |
