Use our Fusion search tool to explore faculty, courses, experiential learning opportunities, and faculty publications. Although there have been only a handful of cases of curriculum, the courts have consistently held that a program of study is not a contract.18-24 In these cases, students sued for breach of contract if the professor did not complete the program or did not apply a different assessment.18-24 In one case, a student sued the university for educational misconduct.25 Educational errors are an unlawful cause of action in under contract law. which states that educational institutions and their staff have failed in their obligation to adequately educate applicants.26 Such cases are brought when students fail entrance or certification examinations. Students have made these claims unsuccessfully, and the courts remain reluctant to create a cause of action for breach of contract or educational misconduct.27,28 The courts have generally held this because it is difficult to define the duty to educate; Causality is difficult to determine; The courts are reluctant to interfere in political issues such as the quality of education; and such interference by the courts would open the door to litigation by students who have not successfully completed their studies.29,30 HLS students can meet with faculty members, clinical practitioners, and research librarians for advice, guidance, and mentorship. The faculty recommends that each student take at least one course, some of which aim to give a perspective on the legal system and its development. Examples: courses in philosophy of law, history of law, jurisprudence, legal methodology and foreign, international or comparative law. Substantive law courses, which examine the evolution of legislative and judicial responses to major economic and social changes, also offer valuable insights. Twenty-five years later, in Yarchaski v University of Medicine and Dentistry of New Jersey, a nursing student received a zero on a group presentation based on the criteria and instructions specified in the curriculum.21 After calling the course grade, the student was given the opportunity to submit another assignment. After receiving a bad grade on the alternate assignment, he was fired from the program. In his complaint, the student alleged breach of contract, breach of duty of good faith and fairness, violation of his procedural rights, and unauthorized interference with a contractual relationship (by the professor). The commitment of good faith and fair dealing assumes that people act in good faith and act fairly without breaking or denying what the other party has clearly understood. While programs of study are not legal documents, curriculum changes that penalize students after starting a course would violate the concept of a program of study as a “bona fide” agreement.
In that case, however, the court ruled that a degree program is not a legally binding contract. Seminars allow small groups of students to engage in in-depth discussions with a faculty member and write research papers on a topical topic. The seminars offered in a given year depend on the interests of students and a faculty member in a particular area of research. They can range from one to three quarters. Students may also purchase credits for individual writing and research projects conducted under the supervision of a faculty member in accordance with E500 and 600. In addition, applying best practices to curriculum development can both improve the clarity of documents and minimize the risk of student complaints or involvement with contentious students. Although the few courts that have considered this issue have found that a program of study is not a contract and that it is risky to declare a program of study as a contract, it may in fact be advantageous to treat programs of study as such. Although curricula are not considered legal documents, it is good practice for professors to treat them as such and build them according to the principles of clear contract design, with an emphasis on preventing pedagogical misconduct. You don`t have to be a lawyer to develop this expertise. Table 1 lists some good practices for creating legally sound curricula.
In Odemena v. Devlin et al. a law student sued the Massachusetts School of Law under the state`s Consumer Protection Act when a professor changed the program grade, resulting in a D grade for the course.22 The student was expelled from the program for academic reasons and could not be admitted to another law school. The student sued for litigation costs as well as damages for loss of future income as an attorney. The teacher stated that he orally modified the written curriculum on the first day of class to reflect the change in assessment methods. This statement by the professor was found in another student`s notes, confirming the professor`s claim that he had informed the class of the change. However, according to a legal doctrine of contract law known as the rule of probative evidence, a unilateral oral statement on which the parties have not agreed cannot serve as the basis for another agreement if the agreement contains contrary conditions. Odemena`s action was dismissed in June 2015 for lack of legal claim. However, even if such a lawsuit had been allowed, the student would have struggled to convince a jury that he had suffered financial harm beyond the lost tuition fees. A description of the essential elements of the curricula is beyond the scope of this article. However, best practices for developing legislated curricula include detailed accuracy of course requirements. As with preventive medicine, early attention to the content and format of a course schedule can prevent and mitigate further complications.
Faculty members embarking on the intellectual journey of creating programs of study, especially entry-level faculty members, can use the information provided in this article to evaluate and possibly improve their programs of study. Harvard Law School offers students a program of unprecedented breadth: more than 400 courses, seminars, and reading groups that together reflect the remarkable breadth of faculty expertise and interests. More than half of these courses have fewer than 25 students enrolled, including more than 75 seminars in which small groups of students work closely with faculty. Teaching and mentoring take place side by side as faculty and students learn together and collaborate on projects that will transform their communities and the world. A degree program must have a clear grading policy that is followed throughout the semester. This not only reassures students by letting them know what is required to pass the course, but also allows the professor to report it when students come forward with complaints. Stating a clear grading policy in the curriculum will not only be the first line of defense for the faculty member, but will also eliminate many student complaints. If it is clear that the program will be followed, students will not waste time advocating for special circumstances, and the professor will immunize himself from accusations of favoritism or unfairness in grading. If a teacher intends to round up grades, they should indicate in the syllabus how this should be done.