Student Rights: Can You Sue Your University?

Students can sue their universities for a variety of reasons, including false promises, fraud, breach of contract, and negligence. For example, if a university makes false promises about its accreditation, programs, or services, students may have grounds to sue for fraud. Universities also have a duty of care towards their students, and if they fail to provide a safe environment or ensure health codes are followed, they can be held liable for negligence. Additionally, signing a Code of Conduct can create a contract between the student and the university, and if the university breaches this contract, students may initiate a lawsuit. However, suing a university can be a complex and costly process, and students must follow proper procedures and may need to attempt to resolve issues through the university's internal dispute resolution process first.

Suing a university for false promises

To prove fraudulent misrepresentation, several elements must be established. These include demonstrating that the university made a false representation of material fact, and that they either knew the statement was false or made it recklessly without regard for its truth. Proving intent or recklessness can be challenging, as the focus is on the time the statement was made rather than when it was relied upon.

Another legal theory under which students may be able to sue is breach of contract. A contract is formed when a student enrols in a university and agrees to abide by certain terms and conditions. If the university fails to uphold its end of the bargain, a breach of contract may have occurred. However, it is important to note that not all statements made by a university will constitute a contract. The promise must be specific and clear, and the student must have reasonably relied on it when enrolling.

Before initiating a lawsuit, it is generally recommended that students attempt to resolve any issues through the university's internal dispute resolution process. This process can vary depending on the university and the nature of the complaint. Consulting with an attorney who specialises in education law can help students navigate the complexities of their specific situation and determine the best course of action.

Suing a university for negligence

When it comes to negligence, universities have a duty of care towards their students. This includes providing a safe environment and ensuring health codes are followed. Negligence can arise from failures in internal disciplinary proceedings, such as not taking appropriate action against a student with a history of assaults. In such cases, the university may be held liable for any subsequent harm caused to other students.

To prove negligence, individuals must generally establish the following:

• The university owed a duty of care
• The university breached its duty of care
• The individual suffered damages, typically physical injury
• The university's breach of duty caused the damages
• The damages were a reasonably foreseeable consequence of the university's breach

In the context of campus safety, negligent security claims arise when individuals suffer harm due to inadequate security measures on the property. This could include insufficient lighting, lack of security personnel, or failure to respond to known threats. Private universities, like private businesses, can generally be held accountable for not ensuring the safety of their students and staff. However, some private institutions may be defined as charitable institutions, which could grant them immunity from legal liability depending on the jurisdiction.

For public universities, the situation is more complex as they are often considered government entities. Public entities generally cannot be sued unless the state government allows it. Therefore, it is essential to understand the specific state laws and the nature of the institution before pursuing legal action.

Suing a university for breach of contract

A contract is a legally binding agreement to take an action or provide a product or service in order to receive something else in return. If a university fails to keep its promises regarding education, and you have paid tuition for the educational services provided, you may have a case for breach of contract.

For example, if you are involved in a disciplinary proceeding, the code of conduct may require the school to allow you to confront witnesses or offer evidence on your behalf. When a school fails to provide the contractually required due process, you can take the school to court for breaching the agreement.

Private schools and universities can always be sued for breach of contract, as can some public universities. While public schools have "sovereign immunity", meaning they cannot be sued, most states have waived this immunity in certain situations to allow students and parents to file particular legal actions against public universities.

However, it's important to note that suing a university can be a costly process, and it is recommended to consult with a lawyer to determine if you have a case worth pursuing.

Suing a university for fraudulent misrepresentation

• The university made a representation (a material statement of fact).
• The representation was false.
• When made, the university either knew the statement was false or made it recklessly without knowing whether it was true.
• The university intended for you to rely on the representation.
• You did, in fact, rely on the representation.
• You suffered damages as a result of relying on the representation.

There are two main challenges to a fraudulent misrepresentation lawsuit against a university:

• Proving that the university made a material statement of fact: The representation must be factual and material, meaning that a reasonable person would have found it important enough to act upon.
• Proving that the university knew the statement was false or acted recklessly: The timing of this intent is critical. It must be shown that the university knew the statement was false or made it recklessly at the time the statement was made, rather than at the time it was relied upon.

Before filing a lawsuit, it is important to attempt to resolve any issues through the university's internal dispute resolution process. If internal procedures fail to provide an adequate resolution, you may then take legal action. It is recommended to consult with an attorney experienced in education law, as these cases can be complex and universities will have legal representation.

It is also important to note that the process of suing a university may differ depending on whether it is a public or private institution. Public universities may have sovereign immunity, which means they cannot be sued unless the state government allows it. On the other hand, private universities are generally treated as private businesses and can be sued in court.

Suing a university for inadequate security

However, there is an exception to this rule. Some private universities are defined as charitable institutions, which may make them immune from legal liability. The level of immunity depends on the jurisdiction in which the institution resides. Some jurisdictions provide full immunity to charitable institutions, while others grant partial or no immunity.

Suing a public university for inadequate security is more complicated. Public universities are generally viewed as government entities rather than private businesses. Therefore, whether a student can sue a public university depends on the state laws of the school's location. The legal concept of "sovereign immunity" means that public entities cannot be sued unless the state government allows it.

When determining whether a university can be held liable for injuries due to inadequate security, several factors are considered:

• Foreseeability: Was the crime or injury foreseeable? If similar incidents have occurred on campus before, the university has a responsibility to take preventive measures.
• Security Measures: Were there adequate security measures in place, such as sufficient lighting, security personnel, surveillance cameras, and properly maintained facilities?
• Negligence: Did the university fail to take reasonable steps to prevent the incident?
• Causation: Did the lack of adequate security directly lead to the injuries sustained?

In addition to these factors, the plaintiff must also prove that the university owed them a duty of care, breached this duty, and that the breach caused the plaintiff's injuries, resulting in actual damages.

It is important to note that before filing a lawsuit, individuals may be required to attempt to resolve any issues through the university's internal dispute resolution process. Consulting with an attorney who specializes in education law or personal injury can help individuals navigate the complex process of suing a university for inadequate security.

Frequently asked questions