Individuals institute legal proceedings against someone else usually when they’ve not been dealt with fairly. According to research, about 40 million lawsuits are filed in a year. These lawsuits have been filed against persons, companies, governments, and even universities. One might wonder why a university would be on the receiving end of a lawsuit, it is a large institution that hardly ever has any personal interaction with its students and staff. What then can you sue your university for? Lets find out what can you sue your university for?
You can sue your university for negligence, violation of civil rights, breach of contract, etc.
- Negligence:
According to the Oxford dictionary, negligence is the failure to take care of something. In law, it is a breach of duty of care and the plaintiff can claim damages.
A university is not just a center for education, it is also a temporary home for students. Dorms and other forms of accommodations are made available on campus, therefore the university is liable for the student’s safety at that point. Initially, the courts believed that higher institutions do not owe their students a duty of care.
However, the case of Regents of University of California v Superior Court of Los Angeles County is used as a precedent to cancel this opinion. The victim, Katherine Rosen was reportedly stabbed by mentally ill classmate Damon Thompson on school premises after he had repeatedly complained to the institution about his mental health.
- Breach of Contract:
When a student is accepted by a university to complete a degree, it simply means that they have entered into a contractual agreement. The student must obey all the rules and regulations set by the university and the university must in turn provide the necessary facilities students would need to complete the program as promised.
Therefore, if a university promises a student acquisition of a certain degree, certificate, or advanced learning, they must fulfill it. Anything apart from that would result in a breach of contract. As a student, you can sue for this reason and claim damages provided you are not in breach yourself.
- Racism:
Although we live in a new world where every form of discrimination should be a thing of the past, it is still a prevalent issue today. Racial discrimination happens everywhere from banks to stores, to schools. Not just students experience racial discrimination at schools. Parents, staff members, and applicants are also victims.
Luckily, racial discrimination is thoroughly frowned upon as long as you can prove it. If a university does not accept your application, prevents you from participating in some activities, or from completing your degree due to your race, then you have the right to sue.
- Sexism:
This is another form of discrimination that is frowned upon but is still quite common in today’s world. Very similar to racism, it also occurs at schools, banks, religious institutions, stores, etc. You do not have to be a student to experience racial discrimination at school.
Fortunately, sexism violates your civil rights, therefore as long as you can prove that the university has in some way or the other violated your rights because of your gender, then you can sue.
- Unfair disciplinary proceedings:
Students are mandated to obey the rules and regulations of a university as per the contractual agreements between them. If a student violates the rules and regulations, it is expected that they would be disciplined accordingly and fairly. For some institutions, actions such as exam malpractice or gross misconduct such as fighting on school premises can be grounds for expulsion.
However, if students are expelled for something as simple as vocalizing dissatisfaction in a coordinated manner, he or she has the right to sue the university.
Universities that have been sued in the past and why:
Brown University:
The institution was sued by one of its students during the COVID-19 pandemic for breach of contract and unjust enrichment. The students wish to recover funds for tuition, housing, etc. This was because students at the time were not in the use of the services paid for. Other universities sued for this reason include Arizona State University, Brandeis University, Boston University, Carnegie Mellon University, etc.
Yale University:
In 2019, three female students sued Yale University for neglecting the sexual assault by the fraternities. Not only that, Yale is one of the 16 universities currently being sued for illegally conspiring to restrict financial aid.
Harvard University:
Harvard University has been sued by three graduate students for ignoring sexual harassment carried out by John Comaroff a professor at the prestigious institution. The students claimed the professor kissed and groped them without their consent.
Standford University:
The family of late Eitan Weiner filed a lawsuit against Stanford University for the wrongful death of their son. Eitan died at the Theta Delta Chi fraternity house of accidental overdose.
Princeton University:
In 2021, Princeton University was sued by a former student for psychological trauma. The plaintiff dropped out after she was put through a series of victim-blaming, inappropriate questions at a campus hearing conducted by a respected professor of the university. Jane Doe, the victim claimed to have been raped by a classmate in 2010.
University of Pennsylvania:
The University of Pennsylvania like Yale is also one of the 16 universities being sued for attempting to remove or decrease financial aid. Other institutions in this suit are:
- Columbia University
- Brown University
- Cornell University
- Dartmouth College
- Duke University
- Emory University
- Georgetown University
- Massachusetts Institute of technology
- California Institute of technology
- University of Notre Dame
- Rice University
- Vanderbilt University
- Northwestern University
- University of Chicago
In summary, suing your university is not impossible, you can sue them for one or more of the illegal actions above.
Frequently Asked Questions
- Can I sue my university for emotional distress?
If the school was at fault and was also made aware of the situation but did nothing to help then yes you can sue.
- What kind of lawyer do I need to sue a university?
A government attorney would be helpful to you.
- Can you sue a college for charging you extra?
Yes, you can.
- What is the best way to sue a University?
You need to make sure you’re suing not for an unjust action, but for an illegal action. Find a lawyer that specializes in your suit and proceed to court.
