Claims Against Educational Institutions – It's Not Just Academic Anymore

This paper seeks to explore an emerging area in education law, specifically, the right and ability of students to sue educational institutions in court for a compromised education.

What historically was considered an internal administrative law issue (at best) is now a recognized claim in tort and/or contract – universities, professors and teachers, beware.

In this paper we canvas the law as it relates to such academia based claims and then consider the kinds of situations and allegations which may support such a claim in court. Lastly, we provide some takeaways in terms of dealing with these issues going forward.

Background

Historically, it was believed that students would have to pursue the internal administrative process of a university to seek redress for any grievances of an academic nature.