educationattorney.com/ -- 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 sometimes costly process. Ensuring that you follow the proper steps and procedures when suing your college will make it much more likely that you will receive the remedy you are seeking.
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Keep in mind that you may be required to attempt to remedy any issues with your college or university through its internal dispute resolution process before you file a lawsuit. Only once internal procedures have failed to reach an adequate resolution can you then have your day in court.
Grounds for Suing Your College
Filing a lawsuit against a university is not always a straightforward process. There are overlapping federal, state, and local laws that govern university administration, and some of these regimes place legal requirements on schools.
Many universities operate like small cities that house, feed, transport, and organize students in addition to educating them. All these responsibilities can be an area where things can go wrong and provide grounds for a potential lawsuit between you and your college.
The following are a few of the possible causes of action for a lawsuit against your school.
Breach of Contract
In some circumstances, signing a Code of Conduct or another agreement as a student can create a contract between you and your school. If the university proceeds to breach this contract, you may have grounds to initiate a lawsuit.
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.
Fraud
An unfortunate number of schools and colleges are not as reputable as they claim. If you were offered assurances or promises regarding a school’s accreditation, programs, standing, or other services when enrolling, you might have been fraudulently induced to become a student. This can serve as the basis of a fraud suit.
Negligence
Universities have duties of care towards their students. From failing to provide an adequately safe environment to not ensuring health codes are followed in cafeterias, a college can be responsible for a litany of possibly negligent actions.
Negligence on the part of a university can arise because of failings in their internal disciplinary proceedings. Imagine a school knows a student has committed numerous sexual and physical assaults on campus. If you are victimized by this student after the university was made aware of this pattern of behavior, you may be able to pursue a lawsuit against the school for its negligence in policing its own student body.
Title IX
Title IX of the 1972 Education Amendments Act mandates every university create a process for filing and trying to resolve complaints stemming from sexual discrimination and requires that all universities take steps to prevent discrimination on the basis of sex. If you were denied an opportunity, whether academic, athletic, or social, and the school’s internal Title IX process failed you, you may have grounds for a lawsuit.
Procedure to Sue a University
The first step to take when preparing to sue a university is to gather information on your school’s internal dispute process. Search the college’s website for details on what steps you need to take, critical deadlines, possible remedies, and resources. You should also consider speaking to an attorney regarding your options at this point.
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