Student Legal Aid: Can They Sue Your University?

Students can sue their universities for a variety of reasons, including sexual abuse, false promises, and negligence. The process of suing a university varies depending on whether the institution is public or private. Public universities are government entities, and therefore have sovereign immunity, which prevents them from being sued without their consent. However, there are exceptions to this rule, such as when the applicable law allows for a claim or when the university consents to the lawsuit. Private universities, on the other hand, can be sued using a similar process as suing any other entity, such as a private person or business. Students who wish to sue their university should consult with an attorney to understand their legal rights and the specific procedures to follow.

Sexual abuse/assault

Sexual abuse and assault on college campuses are more prevalent than many realise. According to the Rape, Abuse & Incest National Network (RAINN), 13% of all undergraduate and graduate students experience rape or sexual assault through violence, incapacitation, or physical force.

If you are a survivor of sexual abuse or assault, you may be able to sue the perpetrator in civil court. A civil lawsuit is usually the only way a sexual assault victim can get monetary compensation for harm suffered. A criminal case arising from sexual assault usually involves a law enforcement investigation and formal charges brought by the district attorney. In contrast, a civil case is brought to court by the survivor (as the plaintiff) against the perpetrator of the assault, and/or others who may be liable under the law (the defendant).

In some sexual assault scenarios, a civil lawsuit can be brought against someone other than the perpetrator of the assault or abuse. For example, if the incident occurred at a school, that entity could also be liable under a negligent supervision theory, based on a failure to provide adequate security, or for failing to adequately protect a young and/or vulnerable individual or group.

If you are a student who has gone to your university for help following sexual abuse and have not received the assistance you need, or have been discriminated against or intimidated by your university, you may be able to take legal action against them.

To successfully sue a college for negligence, you need to establish the following elements:

• The university owed you a duty of care, meaning the institution was responsible for taking reasonable precautions to ensure its students' safety and well-being.
• There was a breach of that duty. You must demonstrate that the university failed in its obligations through action or inaction.
• There is a direct link. There should be clear evidence linking the university's negligence to the incident of sexual abuse.
• You must have verifiable damages. The victim must have suffered harm (emotional, physical, or financial) as a result of the abuse.

It's important to remember that negligence laws vary by state, and negligence-based sexual assault claims can be challenging to prove. Therefore, it is crucial to hire a skilled and experienced sexual assault lawyer to protect your rights.

False promises/misrepresentation

Students may be able to sue a university for false promises or misrepresentation under two different legal theories: fraudulent misrepresentation and breach of contract.

Fraudulent Misrepresentation

To make a claim for fraudulent misrepresentation, a student must prove six elements:

• 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 the student to rely on the representation.
• The student relied on the representation.
• The student suffered damages as a result of relying on the representation.

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

• Proving that the university made a material statement of fact.
• Proving that they knew it was false or acted recklessly.

Material Statement of Fact

The representation must be factual and material. For example, a university claiming to have "the best English program" is expressing an opinion rather than a fact, so it would not count as misrepresentation. A promise that is considered material would be one that a reasonable person would find important enough to act upon, such as receiving a certain amount of financial aid.

Intent

The timing of the statement is critical. It must be proven that the university knew the statement was false or made it recklessly at the time it was made, rather than it turning out to be false later on.

Breach of Contract

A breach of contract claim is similar to a fraudulent misrepresentation claim, except that intent or recklessness does not need to be proven.

To have a valid contract, the following must be proven:

• An offer, such as "Come to our school, and we will give you a $10,000 scholarship."
• Acceptance, such as a student saying "Okay" or taking an action like enrolling in the school.
• Consideration, which is a bargained-for exchange of something of value. In the context of education, this could be exchanging tuition fees for the promise of an education.

Examples of False Promises

Universities may make false promises to attract students, such as guaranteeing the completion of a degree within a certain time frame, promising great job prospects, or offering generous financial aid packages.

Challenges and Recommendations

Education law cases based on fraud and breach of contract can be complex, and universities will have legal representation. Therefore, it is recommended that students consult with a law firm specializing in education law to determine if they have a case worth pursuing.

Additionally, it is important to gather evidence such as emails, brochures, or recordings of conversations to support any claims of false promises or misrepresentation.

Negligent supervision

To establish negligent supervision, the following elements must be proven:

• Duty to Supervise: There must be a legal obligation to provide supervision. In the context of schools, this duty arises from the relationship between educators and students.
• Breach of Duty: The supervisor failed to meet or "breached" their duty to provide adequate supervision.
• Injury: Someone suffered an injury or harm due to the inadequate supervision.
• Causation: The injury was caused by the failure to adequately supervise.

When determining whether negligent supervision has occurred, various factors are considered:

• Age and Ability: Younger students, such as kindergarteners, require more supervision than older students.
• Experience Level: Students with less experience in a particular activity or environment may need more supervision.
• Nature of the Activity: Certain activities or environments may pose higher risks, requiring closer supervision.
• Vulnerability of Others: In a school setting, students can be vulnerable to harm from peers or external parties, requiring proactive supervision to ensure their safety.
• Foreseeability: Schools have a duty to anticipate and address potential risks or threats to student safety.

In the context of student legal assistance, negligent supervision claims can arise in various scenarios:

• Bullying and Assault: Schools have a duty to address bullying and assault by intervening and taking appropriate action to protect students.
• Child Abuse and Abduction: Schools are responsible for protecting students from child abuse, whether by employees or external parties, and must take measures to prevent abduction if there is a known risk.
• Unsafe Premises: Schools must maintain safe premises and address issues such as broken equipment, inadequate lighting, or other safety hazards that can lead to student injuries.
• Inadequate Security: If a school fails to provide reasonable security measures, such as security personnel or proper maintenance, and this results in preventable harm to students, they may be held liable for negligent supervision.
• Failure to Protect from External Threats: Schools have a duty to protect students from foreseeable external threats, such as known criminals or unsafe areas surrounding the school.

It is important to note that the specific laws regarding negligent supervision may vary depending on the state and the jurisdiction in which the school is located.

Premises liability

In the context of student legal assistance, premises liability allows students to take legal action against a college or university if they suffer injuries due to unsafe conditions on campus. This can include a range of accidents and incidents, such as slip and fall cases due to uneven sidewalks or faulty staircases, or violent crimes that could have been prevented with better lighting or security measures.

To successfully sue a college or university for premises liability, students must typically prove the following:

• They were a business invitee (student or visitor) at the premises controlled by the college or university.
• They suffered an accidental injury on the premises.
• The college or university did not take reasonable measures to prevent the accident, constituting negligence.
• The injuries and any resulting financial losses are a direct result of the accident.

It is important to note that the laws regarding premises liability may vary depending on the state and the type of institution, with private universities often viewed as private businesses and public universities considered government entities. As such, it is advisable for students to consult with a personal injury lawyer specializing in premises liability to understand their specific rights and options for legal recourse.

Unjustified disciplinary proceedings

Students can often find themselves facing disciplinary action from their university for a variety of reasons, including academic misconduct (such as plagiarism or cheating) or non-academic issues (such as disruptive behaviour, sexual misconduct, or breaches of accommodation rules).

If a student feels that disciplinary proceedings against them are unjustified, it is important that they seek legal advice as soon as possible. There are law firms that specialise in student legal assistance and can help students challenge university disciplinary action and achieve a positive outcome.

Before taking legal action, students should first attempt to resolve any issues through their university's internal dispute resolution process. Each university will have its own disciplinary process, which should be available to view on the university's website. Typically, this process involves investigating complaints or incidents, gathering evidence, conducting hearings, and reaching decisions that may result in penalties, up to and including expulsion, depending on the severity of the offence and university policy.

If a student disagrees with the outcome of the disciplinary process, they can make an appeal. The internal appeals process should also be outlined on the university's website. If the internal appeal is unsuccessful, the student may be able to take their case to an external review through the Office of the Independent Adjudicator (OIA).

It is worth noting that taking a university to court can be a complex and costly process, and it may be difficult to prove that the university breached its code or that any breach was material, i.e., that it significantly impacted the outcome of the disciplinary proceedings.

Frequently asked questions