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Legal
Issues
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| Contractual
Relationship *
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| 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. |
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| 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. |
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| *Ford, J. (1990) Legal
Issues of Academic Advising. Houston Baptist
University Advising Handbook, pp. 34-35 |
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University
of South Alabama -
Mobile
Alabama 36688-0002 / 1 (251) 460-6101
For
questions or comments Contact
Us
Last date changed:
May 25, 2006 11:56 AM
http://www.southalabama.edu/advisingmanual/contract.html
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