Student Handbook: A Binding Legal Contract

Cristina Pietri • July 10, 2023

Introduction

As a university student, you may have come across a document known as the Student Handbook. While it may seem like a collection of rules and regulations to abide by during your academic journey, it is extremely important to recognize that the Student Handbook is not just a mere guideline; it is a binding legal contract between you and your educational institution. In this blog post, we will discuss and analyse the significance of the Student Handbook, its legal implications, what it means for your responsibilities as a student, as well as what it means for your rights. 



The Nature of a Contract

A contract is an agreement between parties, creating mutual obligations that are enforceable by law. It establishes the rights and obligations of those involved and provides a framework for the interactions between them. Contracts can take various forms, and they are not limited to business, real estate, or employment scenarios. In the case of a university student, the Student Handbook serves as a contractual agreement between the student and the academic institution. Although a Student Handbook may not resemble a traditional contract with signatures and explicit terms, it can still be considered a binding agreement. This is because universities often present the handbook to students during the admission process, implying that they accept and agree to its contents by enrolling in the institution.


Elements of a Binding Contract

For a contract to be considered binding, certain elements must be present. These include:

a) Offer and Acceptance: In this case, the university offers admission to a student, and by accepting this offer, the student then agrees to abide by the rules and policies outlined in the Student Handbook.

b) Consideration: For a contract to be valid, consideration must be exchanged between the parties involved. In the case of the Student Handbook, the consideration is twofold. Firstly, the university provides educational resources, facilities, and services. Secondly, the students agree to abide by the rules and regulations set forth in the handbook. This mutual exchange of promises and obligations constitutes the consideration necessary to establish a valid contract.

c) Mutual Agreement: Both the student and the university agree to be bound by the terms and conditions set forth by the Student Handbook.

d) Legal Capacity: The student is presumed to have the legal capacity to enter a contract, including being of age and mentally competent.


Understanding the Student Handbook

The Student Handbook typically contains a wide range of information, including academic policies, code of conduct, disciplinary procedures, campus safety guidelines, amongst other dispositions. It is crucial to thoroughly read and understand its contents to ensure compliance with the rules and expectations set by the university. Failure to adhere to these guidelines may result in disciplinary action.


Enforceability and Legal Consequences

Since the Student Handbook is considered a binding legal contract, universities have the authority to enforce its provisions. What this means for students is that failure to comply with the terms outlined in the handbook may result in disciplinary actions, ranging from minor sanctions all the way through academic probation, suspension, or even expulsion. Additionally, students may be subject to legal consequences if their actions violate local, state, or federal laws.


What many students are not aware though, is that the University who codified and compiled the handbook is also bound by its procedures, requirements, and policies. Students should thoroughly learn the dispositions from the Student Handbook from the beginning of their higher education journey, not only because it’s the blueprint of the student’s path, but also because it sets obligations from the school to the student body as well. When students are familiar with the handbook, they are also informed of the expectations that they should have towards the school, and how the university should act given those defined circumstances in the handbook. 


For example, if the student fails a class and does not agree with the professor’s criteria of evaluation, the student should know if the school provides a grade appeal process. By knowing that, the student not only has the opportunity to challenge the grade, but also to follow the procedure outlined in the handbook and having a higher chance of success in their review. They can also determine or challenge if the professor followed the policy when grading the student, or during the very appeal of the grade challenged. The former example might seem mild at first, but there are many other instances when and student’s rights have been egregiously violated, and the student may even file a lawsuit against the university.


However, it is important to note that the enforceability of the Student Handbook may vary depending on jurisdiction and specific circumstances. Courts may evaluate factors such as the clarity of the handbook's language, whether it was provided to the student prior to enrollment, and if any amendments or revisions were communicated effectively.


Conclusion

While the Student Handbook may initially appear as a simple guide to campus life, it holds significant legal weight as a binding contract between universities and students. By providing the handbook to students during the enrollment process, universities establish a mutual understanding of rights, responsibilities, and obligations. Students should carefully review and familiarize themselves with the handbook to ensure compliance and avoid potential legal consequences. Remember, the Student Handbook is not just a compilation of rules, but a legally enforceable agreement that shapes the educational journey and fosters a respectful and orderly academic environment. 

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WASHINGTON (AP) — Before President Donald Trump’s administration started dismantling the Education Department, the agency served as a powerful enforcer in cases of sexual violence at schools and universities. It brought the weight of the government against schools that mishandled sexual assault complaints involving students. That work is quickly fading away. The department’s Office for Civil Rights was gutted in Trump’s mass layoffs last year, leaving half as many lawyers to investigate complaints of discrimination based on race, sex or disability in schools. Those who remain face a backlog of more than 25,000 cases. Investigations have dwindled. Before the layoffs last March, the office opened dozens of sexual violence investigations a year. Since then, it’s opened fewer than 10 nationwide, according to internal data obtained by The Associated Press. Yet Trump’s Republican administration has doubled down on sexual discrimination cases of another kind. Trump officials have used Title IX, a 1972 gender equality law, against schools that make accommodations for transgender students and athletes. The Office for Civil Rights has opened nearly 50 such investigations since Trump took office a year ago. Even before the layoffs, critics said the office was understaffed and moved too slowly. Now, many firms that handle Title IX cases have stopped filing complaints, calling it a dead end. “It almost feels like you’re up against the void,” said Katie McKay, a lawyer at the New York firm C.A. Goldberg. “It feels like a big question mark right now,” she said. “How are we supposed to hold a school accountable once it has messed up?” An Education Department spokesperson said the office is working through its caseload, blaming President Joe Biden’s Democratic administration for leaving a backlog and rewriting Title IX rules to protect LGBTQ+ students. Trump officials rolled back those rules. “The Trump Administration has restored commonsense safeguards against sexual violence by returning sex-based separation in intimate facilities,” spokesperson Julie Hartman said. “OCR is and will continue to safeguard the dignity and safety of our nation’s students.” Students have few other places to turn The layoffs have slowed work at the Office for Civil Rights across the board, but it has an outsize impact on cases of sexual violence. Students who are mistreated by their schools — including victims and accused students alike — have few other venues to pursue justice. Many are now left with two options: File a lawsuit or walk away. One woman said she’s losing hope for a complaint she filed in 2024. She alleges her graduate school failed to follow its own policies when it suspended but didn’t expel another student found by the school to have sexually assaulted her. No one has contacted her about the complaint since 2024. The woman recently sued her school as a last resort. She said it feels like a David and Goliath mismatch. “They have all the power, because there is no large organization holding them accountable. It’s just me, just this one individual who’s filing this simple suit,” the woman said. The AP does not typically identify people who say they are victims of sexual assault unless they grant permission. The civil rights office is supposed to provide a free alternative to litigation. Anyone can file a complaint, which can trigger an investigation and sanctions for schools that violate federal law. In 2024, the agency received more than 1,000 complaints involving sexual violence or sexual harassment, according to an annual report. It’s unclear how many complaints have been filed more recently. Trump’s administration has not reported newer figures. In conversations with the AP, some staffers said cases are piling up so quickly they can’t track how many involve sexual violence. 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She was put back on that driver’s bus later that afternoon, plus the next two days. The district was required to designate a Title IX coordinator for its schools, review previous complaints and consider compensation for the girl’s family. That year, the office demanded changes at a Montana school where a boy was pinned down by other students and assaulted after a wrestling practice. The students had been suspended for three days after school officials treated it as a case of hazing instead of sexual assault. In another case, the office sided with a University of Notre Dame student who had been expelled over accusations of sexual misconduct. The student said the college never told him precisely what he was accused of and refused to interview witnesses he put forward. Cases that get attention from the federal office are being handled under federal rules created during Trump’s first term. Those rules were designed to bolster the rights of students accused of sexual misconduct. Lawyers who work with accused students see little improvement. Justin Dillon, a Washington lawyer, said some of his recent complaints have been opened for investigation. He tells clients not to hold their breath. Even before the layoffs, cases could drag on for years, he said. Others gave up on the office years ago. The LLF National Law Firm said it stopped filing complaints in 2021 in favor of suing schools directly. Lawyers at the firm said the office had become incapable of delivering timely outcomes, which was only worsened by the layoffs. Complaints can be resolved several ways. They can be dismissed if they don’t pass legal muster. Many go to mediation, akin to a settlement. Some end in voluntary agreements from schools, with plans to rectify past wrongs and prevent future ones. In 2024, under Biden, the office secured 23 voluntary agreements from schools and colleges in cases involving sexual violence, according to a public database. In 2018, during Trump’s first term, there were 58. Since Trump took office again last year, there have been none. The dismantling of the Office for Civil Rights comes as a blow to Laura Dunn, a civil rights lawyer who was influential in getting President Barack Obama’s Democratic administration to make campus sexual assault a priority. As the issue gained public attention, the office started fielding hundreds of complaints a year. “All the progress survivors have made by sharing their story is being lost,” said Dunn, who’s now a Democratic candidate for Congress in New York. “We are literally losing civil rights progress in the United States, and it’s pushing us back more than 50 years.” ___ The Associated Press’ education coverage receives financial support from multiple private foundations. The AP is solely responsible for all content. Find the AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.
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