Douglas Olsen
University students have a wide range of entitlements and rights that vary across different countries and institutions. These rights are designed to ensure students can fully benefit from their educational investment and include civil, constitutional, contractual, and consumer rights. While some countries like Romania in the EU have a comprehensive student bill of rights, others like the US and Canada rely on court precedents and laws to determine student rights. Students are generally entitled to receive the instruction on advertised course content, equal treatment in housing, information on fees and charges, free speech, due process, and safety. They are also entitled to fair grading, protection from the misuse of time, and recourse for grievances. Additionally, students should expect their hard work to be reflected in the development of skills in their chosen discipline.
What are university students entitled to?
| Characteristics | Values |
|---|---|
| Education over testing | Students are entitled to education over testing. |
| Right to instruction on advertised course content | Students are entitled to receive instruction on advertised course content and protection from the misuse of time. |
| Right to fair grading | Students are entitled to fair grading in accordance with the course syllabus. |
| Right to equal treatment in housing | Students are entitled to equal treatment in housing regardless of age unless there is a narrowly defined goal which requires unequal treatment and policy is neutrally applied. |
| Right to information on the justification of policies | Students are entitled to information on the justification of policies. |
| Right to information on course objectives and content | Students are entitled to information on course objectives and content. |
| Right to know how tuition, fees, and other charges are determined or justified | Students are entitled to know how tuition, fees, and other charges are determined or justified. |
| Right to be informed about the number, type, and amount of each fee charged | Students are entitled to be informed about the number, type, and amount of each fee charged. |
| Right to institutional consultation with student organizations on issues in higher education | Students are entitled to institutional consultation with student organizations on issues in higher education. |
| Right to freely access all educational materials available in university libraries or institutional websites | Students are entitled to freely access all educational materials available in university libraries or institutional websites. |
| Right to receive, upon admissions, a Student Guide containing information | Students are entitled to receive, upon admissions, a Student Guide containing information on access regulations, decisions, meeting minutes, and any other legal documents at the institution. |
| Right to continuous contract during a period of continuous enrollment | Students are entitled to a continuous contract during a period of continuous enrollment. |
| Right to receive a degree upon completion of degree requirements | Students are entitled to a degree upon completion of degree requirements prescribed by an academic advisor. |
| Right to appeal grades before a committee | Students are entitled to appeal grades before a committee. The instructor who issued the grade may not sit on this committee. |
| Right to breaks | Students are entitled to breaks during long lectures and seminars. |
| Right to catch-up teaching | Students are entitled to catch-up teaching in case of lost teaching time. |
What You'll Learn
Students are entitled to education over testing
University students are entitled to education over testing. This means that educators should not solely focus on ranking students according to a pre-existing scale of talent and knowledge. Instead, they should recognise that there are many factors that can disrupt a student's access to education, and work together with the students to overcome these challenges.
Students are entitled to receive instruction on advertised course content. They should expect to receive teaching that conforms to the course level advertised and covers the designated course material in sufficient depth. This ensures that students can develop skills in their chosen discipline and that their hard work is reflected in their educational attainment.
Students also have the right to fair grading practices and equal treatment in housing. They should be protected from any misuse of their time and be provided with clear information regarding course objectives and content. In the event of disruptions or industrial action, universities should take steps to minimise disadvantages to students, such as offering catch-up teaching or partial refunds.
Furthermore, students with disabilities are legally entitled to testing accommodations to ensure their needs are met. These accommodations may include adjustments to the testing environment, time limits, or the format of questions and answers.
Overall, university students are entitled to an education that prioritises their learning and development over solely assessing their performance through testing.
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Right to fair grading in accordance with the course syllabus
University students have several rights, including the right to fair grading in accordance with the course syllabus. This means that students should receive grades that are a true reflection of their performance in the course and that the grading process is fair and transparent.
In the United States, the case of Scallet v. Rosenblum (1996) established that students have the right to fair grading in accordance with the course syllabus. This means that universities must provide clear and consistent criteria for evaluating student performance and assigning grades. The case also highlighted the importance of uniformity across class sections to ensure fairness in grading.
In the United Kingdom, while there may not be specific legal rights to fair grading, universities are expected to follow their own rules and processes when it comes to grading. The Office of the Independent Adjudicator (OIA) provides guidance and hints to universities on creating fair policies, including grading policies. If a university deviates from its published rules, students may have grounds for an appeal.
It is important to note that the concept of "fairness" in grading can be subjective and open to interpretation. What one student considers unfair may be acceptable to another. However, universities should strive to create and communicate clear grading criteria, provide timely feedback, and offer opportunities for students to address any concerns or disputes regarding their grades.
Additionally, students have the right to receive instruction on the advertised course content. This means that universities should deliver the content and learning objectives outlined in the syllabus, and students can expect teaching that aligns with the advertised course level. If teaching time is lost due to industrial action or other disruptions, universities should take steps to minimise disadvantages to students, such as offering catch-up teaching, extending deadlines, or providing partial refunds.
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Right to equal treatment in housing
Students are entitled to equal treatment in housing, which means that they should not be discriminated against when looking for housing. The federal Fair Housing Act protects students' rights to fair housing, ensuring that they are not treated unfairly due to their race, gender, religion, disability, or any other protected characteristic.
When it comes to affordable housing, there are specific rules and restrictions in place to ensure that housing is available to those who need it most. These rules may vary depending on the funding sources and programs, such as LIHTC and Section 8, and factors such as financial aid, employment status, and dependency status may come into play.
Students have the right to decent, safe, and sanitary housing, regardless of whether they live on or off-campus. On-campus housing, often known as dormitories or residence halls, offers convenience and a sense of community. Off-campus housing provides more independence and a taste of living within the broader community.
To find suitable student housing, students can refer to their university's housing office, online rental websites, student-centric platforms, social media forums, local real estate agents, and university housing events. It is essential to be familiar with the housing policies of their school and the applicable laws, such as privacy rights and reporting systems for any issues that may arise.
Additionally, students who require financial assistance with their housing costs can explore options such as Housing Benefit, Universal Credit, or other forms of support, depending on their eligibility.
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Right to information on the justification of policies
University students have the right to information on the justification of policies. This means that students are entitled to know how policies are formulated and applied, including the criteria and methods used to evaluate academic classes and programs. They should also be informed about the institution's policies, practices, and characteristics to enable them to make informed choices and participate effectively in its programs.
In the context of student fees, the Rosenberger v. Rector and Visitors of the University of Virginia (1995) case found that student fees must be allocated in a viewpoint-neutral way. This means that fees cannot be based on religious, political, or personal views and cannot be used as a form of punishment. Students have a right to know how tuition, fees, and other charges are determined or justified, and universities should provide clear information on the number, type, and amount of each fee charged.
Additionally, students have the right to access institutional documents, such as regulations, decisions, meeting minutes, and other legal documents. Universities are contractually obligated to follow their own rules, and courts have ruled that students are protected from deviations from information advertised in bulletins, course catalogues, and handbooks. This includes the right to receive instruction on advertised course content and to expect teaching that conforms to the advertised level of the course.
Furthermore, students have the right to fair and equal treatment in housing and accommodation. Universities must provide equal quality dormitories and accommodations to students with disabilities, and they cannot discriminate based on age unless there is a narrowly defined and justifiable reason for doing so.
Students also have the right to protection from unwarranted search and seizure. The Fourth and Fourteenth Amendments of the U.S. Constitution protect individuals from unreasonable searches and seizures, and these rights extend to students in their residences and property.
Overall, the right to information on the justification of policies empowers students to understand the decision-making processes within their academic institutions and ensures that their rights are respected and protected.
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Right to freely access all educational materials
University students are entitled to freely access all educational materials. This is made possible by Open Educational Resources (OER), which are digital educational resources that can be legally shared, downloaded, edited, and distributed at a near-zero cost. OERs include textbooks, videos, courses, and degree programmes, which are created with the idealistic vision of providing low-cost, high-quality, and customizable learning materials.
The concept of OER is based on the idea of "universal design", which means that educational materials are engineered to be accessible to all students, regardless of their background or life situation. This ensures that all students have equitable access to the resources they need to succeed in their classes from the very first day.
The benefits of OER are significant. Firstly, it increases access to education, lowers costs, and improves student learning. Secondly, it allows for the customization of educational materials to meet local needs, such as translating a textbook into a local language and adding relevant examples. Thirdly, it ensures that all students have access to the same relevant and contextualized education content, which can improve learning outcomes.
The right to freely access all educational materials is further supported by consumer protection laws, which state that contract terms that give universities or colleges unreasonable power to change what is offered are considered unfair. Additionally, universities and colleges have a responsibility to ensure that students are not disadvantaged in their assessments due to disruptions, such as by offering catch-up teaching, extending deadlines, or providing partial refunds.
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Frequently asked questions
Breaks are typically given for lectures longer than an hour. For every 2-hour block of lectures, there is usually a 10-15 minute break.
Students are entitled to receive instruction on advertised course content. If teaching time is lost, it may be appropriate for catch-up teaching to be offered at a later time, or for partial refunds to be given to affected students.
Students have the right to fair grading in accordance with the course syllabus. They also have the right to appeal grades before a committee that does not include the instructor who issued the grade.
Students have the right to know how tuition, fees, and other charges are determined or justified. They are also entitled to be informed about the number, type, and amount of each fee charged.
Students are entitled to equal treatment in housing regardless of age unless there is a narrowly defined goal that requires unequal treatment. Students are also not required to waive search and seizure rights as a condition of dormitory residence.
