Janice Lozano
There are many reasons why a student may want to sue their university, including personal injury, negligence, and false promises. While it is possible to sue a college or university, it is not always a straightforward process, and there are many factors to consider, such as whether the institution is public or private, and whether internal dispute resolution processes have been followed. Students may also want to consider the likelihood of winning their case and whether the time, effort, and money spent on the lawsuit are worth it.
| Characteristics | Values |
|---|---|
| Grounds for suing a university | Fraudulent misrepresentation, breach of contract, negligence, personal injury, failure to render medical assistance, failure to resolve complaints stemming from sexual discrimination |
| Requirements for a fraudulent misrepresentation claim | The school made a representation (a material statement of fact); the school knew the statement was false or made it recklessly without knowing whether it was true; the school intended you to rely on the representation; the statement influenced your decision to enroll |
| Requirements for a negligence claim | Your damages were a reasonably foreseeable consequence of the school's breach of duty |
| Limitations | Sovereign immunity protects government entities from being sued, but some states allow lawsuits against public colleges and universities |
| Considerations | Consult with a law firm and get legal advice before pursuing a lawsuit; consider the internal dispute resolution process before filing a lawsuit |
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What You'll Learn
Suing for personal injury
Students can sue a university for personal injury under certain circumstances. Private colleges and universities are generally treated as private corporations and can be sued like any other organisation. However, public colleges and universities are government entities, and special rules, such as sovereign immunity, apply to lawsuits against the government. In the US, the 11th Amendment provides government entities and their subdivisions with protection from being sued without their consent.
There are exceptions to sovereign immunity, and some states have waived it for personal injury claims. For example, in Florida, the government has partially waived sovereign immunity, allowing people to sue for most personal injury claims. In Ohio, sovereign immunity does not apply to lawsuits connected with hazing injuries, including those at public colleges and universities.
To successfully sue a college or university for personal injury, negligence or fault on the part of the institution must generally be proven. This could include injuries resulting from the condition of buildings and equipment, the campus grounds, or the use of premises and equipment for non-school purposes. For example, a student who slips and falls in a poorly maintained cafeteria will likely be able to sue the institution for their injuries. However, liability is less clear when it comes to campus safety, such as when a random act of violence occurs on campus. In such cases, the administration's negligence in preventing the injury may be a factor in determining liability.
When suing a college or university for personal injury, it is important to gather evidence, including medical records, photographs of the accident scene, witness statements, and relevant communications or reports. Seeking the advice of a personal injury lawyer is also recommended, especially when dealing with public institutions, as these cases can be complex and vary across state lines.
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Suing public vs. private institutions
Suing a university can be a complex and costly process, and it is important to understand the differences between suing a public or private institution. Firstly, it is worth noting that suing a university is possible, and there have been several high-profile cases of students successfully suing universities for false promises, fraudulent misrepresentation, and breach of contract.
Public universities are generally considered a form of government entity, and as such, they have legal protection under the concept of "sovereign immunity". This means that public entities cannot be sued unless the state government allows it. This makes public universities harder to sue than private ones, as special rules apply to lawsuits against the government. However, some states, like Florida, have partially waived sovereign immunity, allowing people to sue for most personal injury claims up to a certain amount. It is important to check the specific laws in your state regarding suing public institutions.
Private universities, on the other hand, are typically viewed as private businesses and can be sued in court. They are subject to the same rules on liability as anyone else, with minor deviations. However, there is an exception if the private institution is also a charitable institution, in which case, depending on the laws of the jurisdiction, it may be immune from lawsuits.
Regardless of the type of institution, it is essential to consult with a lawyer and seek legal advice before pursuing any legal action. It is also worth noting that internal dispute resolution processes within the university should be attempted before filing a lawsuit.
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False promises and misrepresentation
With college enrollment on a downward trend, higher education institutions are struggling to attract students. In their efforts to secure enrollments, universities may make false promises or misrepresent their offerings. While it can be challenging to prove such claims in court, students can sue universities for fraudulent misrepresentation or breach of contract if they can provide sufficient evidence.
Fraudulent misrepresentation occurs when a university makes a false statement or claim that they knew to be untrue or made with reckless disregard for the truth. To win a court case, students must prove that the university intended for them to rely on these false statements when deciding to enroll. For example, a university may promise high job placement rates for graduates of a particular program, but fail to deliver on that promise. In such cases, students may be eligible for full or partial federal student loan discharge through the Borrower Defense to Repayment (BDR) program.
Breach of contract, on the other hand, involves a violation of the agreed terms and conditions between the student and the university. This could include failing to provide specific services or resources that were promised, such as adequate academic support or access to certain programs or facilities. In one notable case, a group of students sued Trump University for fraud, arguing that the institution misled them by presenting itself as a university despite lacking accreditation. The students received a $25 million settlement.
It is important to note that education law cases can be complex, and universities typically have legal representation. Students considering legal action are advised to consult with attorneys specializing in education law to understand their legal rights and options. While suing a university can be challenging, it is possible to hold institutions accountable for false promises and misrepresentations.
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Breach of contract
While it is challenging to sue a school for inferior education, students may have a case if they can argue that the institution broke a specific contractual agreement or made false promises to get them to enrol. A contract is a legally binding promise to do something or provide something, usually in exchange for money or services. A breach of contract occurs when a party to a contract fails to fulfil their promise.
Private schools and universities can always be sued for breach of contract, and some public universities can also be sued, depending on the state. For example, in the case of CenCor, Inc. v. Tolman, a former student received full reimbursement for tuition in her breach-of-contract lawsuit against a business school that didn’t provide a program leading to a transferable accounting degree, as it had promised. In another case, a student sued a for-profit technical college for breach of contract, claiming that the school hadn't met its contractual obligation to screen his criminal background before enrolment, which was necessary to ensure he would be eligible to complete required coursework at a hospital.
If you are considering suing a school for breach of contract, it is essential to work with an education lawyer who understands how sovereign immunity works in your state and is aware of all the administrative remedies you must pursue before filing a lawsuit.
If you can prove your breach of contract claim, you may be able to recover damages. Your recovery would be designed to put you in the position you would have been in if you hadn't acted on the false promise, and you would most likely get your money back.
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Negligence in disciplinary proceedings
Students can sue a university for negligence in disciplinary proceedings under certain circumstances. Firstly, it is important to understand the legal concept of "negligence", which refers to a failure to act with the level of care that a reasonable person would exercise in a similar situation. In the context of a university, negligence often relates to a breach of the duty to keep students safe.
When suing a university for negligence, students must prove four elements: duty, breach of duty, causation, and damages. All colleges and universities owe a duty of care to individuals on their campuses, although the exact level of care is unclear due to varying state laws and underdeveloped case law. Legally, private universities are similar to private businesses and can be held accountable for failing to ensure the safety of their students, staff, and visitors. However, some private institutions are defined as charitable institutions, which may grant them varying levels of immunity from legal liability depending on the jurisdiction.
When suing a public university for negligence, the process is more complex as they are typically considered government entities. The ability to sue and the extent of liability depend on the specific state laws where the university is located. Several factors are considered when determining liability, including foreseeability and the adequacy of security measures.
To successfully sue a university for negligence in disciplinary proceedings, students must demonstrate that the university violated their rights or broke the law in a way that gives rise to an actionable claim. For example, if a university fails to follow its own disciplinary procedures as outlined in its code of conduct, it may be considered a breach of contract. However, it is important to note that students cannot generally sue a university simply because they disagree with a decision or outcome of a disciplinary process. Seeking legal advice from a student defence lawyer or an attorney experienced in education law is advisable to determine the specific grounds for a lawsuit and the likelihood of success.
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Frequently asked questions
Yes, it is possible to sue a college or university for injuries that occur on campus. The owner of the property (the college campus) bears a legal obligation to ensure that their premises are not unreasonably dangerous to guests. They must repair or warn against any hazards, and they must conduct a reasonable inspection of the property to uncover non-obvious hazards.
Yes, students may be able to sue universities for false promises under two different legal theories: fraudulent misrepresentation and breach of contract. To make a claim for fraudulent misrepresentation, one needs to prove six elements, including that the school made a representation (a material statement of fact) and that it intended the student to rely on the representation.
The first step is to determine whether the institution is public or private, as different rules apply. Public entities cannot usually be sued unless the state government allows it. The next step is to gather information on the school's internal dispute process, as issues may need to be resolved through this process first.
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