STUDENT CHALLENGES TO ACADEMIC DECISIONS: THE NEED FOR THE JUDICIARY TO LOOK BEYOND DEFERENCE
Jessica Barlow
ABSTRACT
U.S. courts have consistently held that college students may not sue their institutions based on academic challenges. Academic challenges, to be distinguished from disciplinary issues, are those that involve a student’s course work and acceptance into special academic programs. Due to the judiciary’s categorization of academic challenges as not cognizable claims, students do not have a neutral third-party forum where their rights can be adequately evaluated. Although courts have stated that the judiciary is not the appropriate forum for academic claims due to lack of expertise, among other issues, this Comment argues that courts are an appropriate forum for the adjudication of certain academic challenges. This Comment further argues that there is strong support for judicial review of cases in the areas of contract formation, breach of contract, tort law, and personal liberties. Finally, this Comment presents a series of questions that courts may ask when choosing whether to adjudicate a student’s legal claim against their institution.
FULL TEXT
preferred citation: Jessica Barlow, Student Challenges to Academic Decisions: The Need for the Judiciary to Look Beyond Deference, 117 Penn St. L. Rev. 873 (2013).