Cameron Miranda
If you feel wronged by your university, you may want to consider filing a lawsuit. However, before you file a lawsuit, you may be required to attempt to resolve any issues with your university through its internal dispute resolution process. Many universities are responsible for housing, feeding, transporting, and organizing students in addition to educating them, and any failings in these areas could provide grounds for a lawsuit. For example, universities can be sued for negligence in their internal disciplinary proceedings, such as failing to address a student's pattern of sexual and physical assaults on campus. Lawsuits can also be filed for fraudulent misrepresentation or breach of contract if the university is believed to have lied or made false promises.
| Characteristics | Values |
|---|---|
| Reasons to file a lawsuit | University lied about being accredited, failed to resolve internal disputes, negligence in policing its own student body, took away credits needed to graduate, etc. |
| Challenges | Cases against educational institutions can get complicated |
| Suggested course of action | Consult an attorney experienced in education law |
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What You'll Learn
Fraudulent misrepresentation
If you feel wronged by your university, you may be able to file a lawsuit against them. The first step is to determine whether the university is a public or private institution. Due to the legal concept of "sovereign immunity", public entities cannot be sued unless the state government allows lawsuits. On the other hand, most states treat private colleges as private businesses, allowing them to be sued in court.
If you decide to proceed with a lawsuit against your university, there are two legal theories under which you may be able to sue a university or college for making false promises: fraudulent misrepresentation and breach of contract.
To successfully sue a university for fraudulent misrepresentation, you must prove two things. Firstly, you must prove that the university made a material statement of fact. This means that the representation must be factual and important enough for a reasonable person to have acted upon it. For instance, claiming to have the "best English program" is considered an opinion rather than a factual statement. Secondly, you must demonstrate that the university knew the statement was false or acted recklessly.
Breach of Contract
If you are unable to prove fraudulent misrepresentation, you may still be able to sue for breach of contract. This applies when the university fails to keep the promises made in the contract. For instance, if the code of conduct requires the school to allow you to confront witnesses or present evidence during a disciplinary proceeding, and the school fails to do so, you may have grounds to sue for breach of contract.
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Breach of contract
If you feel that you have been wronged by your university, you may want to consider filing a lawsuit. However, before initiating legal action, it is important to understand the specific circumstances and the potential complexities of the case. One common ground for a lawsuit against a university is "breach of contract".
A breach of contract lawsuit against a university typically arises when a student believes that the university has failed to fulfil its promises or obligations as outlined in an agreement or contract. This could be in the form of a signed agreement, such as a Code of Conduct, or other assurances made during the enrolment process. For example, during the COVID-19 pandemic, several students sued universities for breach of contract due to the sudden shift from in-person to remote learning, arguing that they were paying for services and amenities that they were no longer receiving.
To establish a breach of contract, it is essential to identify the specific promises or obligations that the university allegedly failed to fulfil. In the case of COVID-19 campus closures, students claimed that the university breached its contract by charging full tuition and fees while not providing the expected in-person classes and on-campus services. However, it is important to note that not every benefit offered by a university gives rise to a contract. For instance, courts have found that Financial Responsibility Agreements (FRAs) govern the student's payment obligations but do not guarantee the university's obligation to provide an in-person learning environment.
Additionally, when considering a breach of contract lawsuit, it is crucial to distinguish between express and implied contracts. An express contract is a written or verbal agreement with clear and specific terms, while an implied contract is based on the conduct or actions of the parties involved. In the context of universities, implied contracts may arise from the university's publications, websites, or other materials that highlight the benefits of an in-person educational experience.
Before initiating legal action for breach of contract, it is highly recommended to consult with an attorney experienced in education law. They can provide guidance on the specific circumstances, the complexity of education law cases, and help determine if there are grounds for a strong case. Furthermore, it is important to first exhaust the university's internal appeals process and gather information on the school's dispute resolution procedures.
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Negligence
If you feel you have been wronged by your university, you may want to consider filing a lawsuit. However, taking your school to court can be a complex and costly process. It is important to follow the proper steps and procedures when suing your college to increase your chances of receiving the remedy you seek.
Firstly, you may be required to attempt to resolve any issues with your college or university through its internal dispute resolution process before filing a lawsuit. Only when internal procedures have failed to reach an adequate resolution can you then proceed to court.
Secondly, you need to determine whether you are dealing with a public or private institution. Because of the legal concept of "sovereign immunity," public entities cannot be sued unless the state government allows lawsuits. Most states treat private colleges as private businesses and therefore allow them to be sued in court. However, some private institutions are defined as charitable institutions, which might make them immune from legal liability. The immunity level depends on the jurisdiction laws where the institution resides.
Some factors that may determine whether a university was negligent and thus may be held accountable include whether the university could foresee that a student may be a threat to others, how much control the university had over its students during the time and in the location of where the incident took place, and whether the university was aware that it needed more safety measures. Evidence that may support a claim that a university should be held liable for injuries includes demonstrating that the university was aware of the threat to safety or problem by using witnesses, prior incidents, and correspondence. Additionally, pictures or videos that show unsafe campus conditions, such as rusty sports equipment, broken fences, and lack of lighting along pathways at night, can be submitted as evidence.
If you intend to sue a university for your injuries, you must first be able to prove that the university was negligent in failing to keep its campus and students safe. For instance, if a university knows that its campus is not safe and repairs, as well as security cameras, need to be installed, then a student who gets injured on campus due to the university's failure to fix these issues, will be able to sue for resulting injuries.
In the context of a college campus, negligent security could mean insufficient lighting in parking lots, lack of security personnel at key locations, improperly maintained buildings, or even failure to respond appropriately to known threats.
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Failure to follow internal dispute resolution
Before filing a lawsuit against your university, it is important to understand the internal dispute resolution mechanisms available to you. Universities often have their own processes to address issues and complaints, and you may be required to attempt to resolve the issue through these internal channels first.
Internal dispute resolution at universities can vary, but it typically involves following the university's established procedures for addressing complaints or grievances. This may include submitting a formal complaint, providing relevant evidence and documentation, and possibly engaging in mediation or arbitration. The university may have an ombudsman or a similar office dedicated to handling internal disputes and facilitating dialogue between students, faculty, and staff.
Failing to follow the internal dispute resolution process can have consequences for any potential lawsuit. Courts often require individuals to exhaust all internal remedies before seeking judicial intervention. This means that if you do not utilise the university's internal mechanisms, a court may refuse to hear your case or may view your lawsuit less favourably.
Additionally, the internal dispute resolution process can provide an opportunity for an early and efficient resolution to the issue. It allows for dialogue and negotiation, which could result in a mutually agreeable solution without the need for litigation. It is also an opportunity to gather information, evidence, and witness testimonies to strengthen your case should you decide to pursue legal action later on.
If the internal dispute resolution process fails to adequately address your concerns, you may then consider proceeding with a lawsuit. At this stage, it is crucial to consult with an attorney, especially one experienced in education law, to guide you through the complexities of a potential lawsuit against your university. They can advise you on the specific laws and requirements that may apply to your case.
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False promises
If you feel wronged by your university, you may consider filing a lawsuit. However, taking your school to court can be complex and costly, and there are several steps to follow to ensure your case is strong. Firstly, you must attempt to resolve any issues with your college or university through its internal dispute resolution process. Only once internal procedures have failed to reach an adequate resolution can you take your case to court.
If you were offered assurances or promises regarding a school's accreditation, programs, standing, or other services when enrolling, you may have been fraudulently induced to become a student, and this can serve as the basis for a fraud suit. There are two legal theories under which you may be able to sue a university or college for making false promises:
Fraudulent Misrepresentation
To make a claim for fraudulent misrepresentation, you need to prove six elements:
- The school made a representation (a material statement of fact)
- When made, the school either knew the statement was false or made it recklessly without knowing whether it was true
- The school intended you to rely on the representation
- You relied on the representation
- You suffered damage
- The representation was the cause of your damage
The two particular challenges to a fraudulent misrepresentation lawsuit are proving that the school made a material statement of fact and that they knew it was false or acted recklessly.
Breach of Contract
A breach of contract claim is similar to a fraudulent misrepresentation claim, except that you do not need to prove intent or recklessness. A contract is a legally enforceable agreement between two competent parties, and to have a valid contract, you need to be able to show an offer, acceptance, and consideration. For example, if you are involved in a disciplinary proceeding, the code of conduct may require the school to allow you to confront witnesses or offer evidence on your behalf. When a school fails to provide the contractually required due process, you can attack the school's breach of the agreement in court.
There are many examples of government lawsuits against universities and online colleges on the U.S. Department of Education's website. For instance, in California, the attorney general brought an action on behalf of students for making false promises, and the court found that Ashford and Zovio violated the law and ordered them to pay more than $22 million. In another case, a group of university students sued Trump University for fraud.
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Frequently asked questions
Yes, you may be able to pursue a lawsuit against your university for the harm caused by their mistakes. However, you may first be required to attempt to resolve the issue through the university's internal dispute resolution process.
Yes, you may be able to file a lawsuit against your university for sharing confidential student data. For example, in 2025, the University of California Student Association filed a lawsuit against the U.S. Department of Education for sharing confidential student data.
Yes, you may be able to sue your university for fraudulent misrepresentation or breach of contract if they lied to you or made false promises.
