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Legal Issues
Contractual Relationship *
 
In academic affairs, a contractual agreement exists between the student and the institution. The basic provisions of the college catalog, recruiting brochures, various bulletins and handbooks become part of the contract. The institution sets forth certain requirements for passing courses and for successful completion of programs and subsequent graduation. If students fail to meet the required standards, they can be penalized through such actions as dismissal or failure to graduate on schedule. Likewise, if the institution fails to respect its own regulations, then the student may seek judicial relief.
 
An institution may create certain contractual obligations through statements in its brochures. An increasing emphasis on quality advising to enhance retention brings added responsibilities to the advisor. If institutions promise specific services from their advising system, they should ensure that their advisors can deliver these services. The Bulletin states that the ultimate responsibility for knowing degree requirements rests with the student. This statement normally would protect advisors if they committed an advising error. Generally, the advisor will not be held personally liable for erroneous advising in the absence of gross negligence, irresponsible behavior or arbitrary or capricious treatment of the student. Advisors should keep notes of their discussions with students during advising sessions. An accurate record of advising sessions would help solve any disputes over the content of previous advising and also serves as a legitimate protection against claims of erroneous advising.
 
*Ford, J. (1990) Legal Issues of Academic Advising. Houston Baptist University Advising Handbook, pp. 34-35
 

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