CONTRACTUAL RIGHTS
OF STUDENTS
CAROLYN DYER & JAMI GARNER
CONTRACT LAW
• An Introduction• According to ExpertLaw (2014), a contract intends to
formalize an agreement between two or more parties, in
relation to a particular subject.
• The elements of a contract include:
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Mutual consent
Offer and acceptance
Mutual consideration
Performance or delivery
Good faith
No violation of public policy
TYPES OF CONTRACT LAW
• Contract Law Applied to Institution/Student
Relationship
• Written Contracts
• Oral Contracts
• Damages
Contracts still under debate:
• Unconscionable Contract
• Contacts of Adhesion
WRITTEN CONTRACTS
• University/college handbooks, course catalogues,
other written materials, etc.
• These types of contracts may also be treated as
quasi-contracts
• Universities/colleges may have the right to interpret and/or
change these documents as needed without warning if
they include that disclaimer in print materials
• Case Study EX: Gourdain V. Felician College
WRITTEN CONTRACTS
• Academic Contracts:
• Institutions are likely to have more leeway in interpreting
their own written materials in academic situations, as
institutions need to be able to meet their educational
responsibilities.
• Case Study Ex: Bruner v. Petersen:
WRITTEN CONTRACTS
• Student Conduct Contracts:
• In the past, students have held more power in cases
involving student conduct in a court of law
• Case Study Ex: Fellheimer v. Middlebury College
• However, there are numerous cases in which institutions
student conduct contracts have been deemed successful
in a court of law
• Case Study Ex: Hawrood v. John Hopkins
ORAL CONTRACTS
• Contracts that are strictly oral are not found to
bound an institution in a court of law
• Case Study Ex: Ottgen v. Clover Park Technical College
DAMAGES
• In the instance that an institution breaches contract
in such a fashion that a student is unable to
complete their education, it is considered
appropriate for the damage cost to include both
the value of tuition spent and earnings lost by failure
to receive a degree.
• Case Study Ex: Sharick v. Southeastern university of Health
Sciences
CONTRACTS UNDER DEBATE
• Unconscionable contracts & contract of adhesion
are two types of contracts still considered evolving
• Unconscionable Contract: A contract that is so harsh to one
party in the contract that if they and understood it, they or
any other reasonable person would not have entered into
the contract in the first place.
• Contracts of Adhesion: A contract offered wherein the
party who drafted the contract has far more power than
the other party concerned; the less powerful party is in a
“take it or leave it” situation with no ability to bargain. !
IMPLICATIONS FOR STUDENT AFFAIRS
• Conscious study of language applied in institution
policies and contracts
• Ensure that the language used in institution polices and
contracts is easily understood by all student populations
• Ex. Foreign exchange students
• Conscious awareness of promises or statements
made to students by both administration, faculty
and staff and professors
• Promise to adopt policies and codes of good
practice/good faith for fail dealings with students
• Ex: Academic and disciplinary concern
CONTRACT LAW
• Questions?
SOURCES
• Kaplin, W. A. & Lee, B. A., (2009). A Legal Guide for
Student Affairs Professionals, 2nd Ed., Jossey-Bass,
San Francisco, CA.
• Larson, A. (1998-2011) ExpertLaw. Retrieved:
www.expertlaw.com