In House or in Court? Legal Challenges to University Decisions

Kamvounias, P; Varnham, S

In House or in Court? Legal Challenges to University Decisions

Kamvounias, P Varnham, S

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Publisher:: Taylor and Francis - Routledge
Publication Type:: Journal Article
Citation:: Education And The Law, 2006, 18 (1), pp. 1 - 17
Issue Date:: 2006-01

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Field	Value	Language
dc.contributor.author	Kamvounias, P	en_US
dc.contributor.author	Varnham, S https://orcid.org/0000-0002-7966-6096	en_US
dc.date.issued	2006-01	en_US
dc.identifier.citation	Education And The Law, 2006, 18 (1), pp. 1 - 17	en_US
dc.identifier.issn	0953-9964	en_US
dc.identifier.uri	http://hdl.handle.net/10453/5578
dc.description.abstract	Every day, decisions are made in universities that affect students. When a decision adversely affects a particular student, what means of redress does that student have? The circumstances in which a student has a legal claim against their university are generally unclear. Courts have traditionally tended to draw a distinction between `purely academic' decisions and disciplinary decisions. There has been reluctance on the part of courts to intervene in non-disciplinary decisions which involve academic judgment, for example, the grade to be given to a student's work. On the other hand, where the decisions are purely disciplinary, for example, in relation to a student's behaviour towards others or towards university property, the courts have made it clear that there is essentially no difference between this and disciplinary matters within any other public institution or organization. However, disciplinary decisions that are connected with allegations of academic misconduct, for example, cheating and/or plagiarism, have been more problematic for the courts. Historically, the debate was whether any such decision was justiciable in public law. Recently the question has also been whether an aggrieved student may succeed in a private law action against a university. The legal issues raised by university decisions affecting students have not yet been clearly resolved in all jurisdictions. Indeed, in some cases, judges have raised many more questions than they have answered. This article will review the framework for legal challenges to university decisions against a background of recent judicial attitudes in Australia, New Zealand, the UK and the US.	en_US
dc.publisher	Taylor and Francis - Routledge	en_US
dc.relation.ispartof	Education And The Law	en_US
dc.title	In House or in Court? Legal Challenges to University Decisions	en_US
dc.type	Journal Article
utslib.citation.volume	1	en_US
utslib.citation.volume	18	en_US
utslib.for	1801 Law	en_US
dc.location.activity	John Curtin Gallery
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - LRC - Law Research Centre
utslib.copyright.status	closed_access
pubs.consider-herdc	false	en_US
pubs.issue	1	en_US
pubs.volume	18	en_US

Abstract:

Every day, decisions are made in universities that affect students. When a decision adversely affects a particular student, what means of redress does that student have? The circumstances in which a student has a legal claim against their university are generally unclear. Courts have traditionally tended to draw a distinction between `purely academic' decisions and disciplinary decisions. There has been reluctance on the part of courts to intervene in non-disciplinary decisions which involve academic judgment, for example, the grade to be given to a student's work. On the other hand, where the decisions are purely disciplinary, for example, in relation to a student's behaviour towards others or towards university property, the courts have made it clear that there is essentially no difference between this and disciplinary matters within any other public institution or organization. However, disciplinary decisions that are connected with allegations of academic misconduct, for example, cheating and/or plagiarism, have been more problematic for the courts. Historically, the debate was whether any such decision was justiciable in public law. Recently the question has also been whether an aggrieved student may succeed in a private law action against a university. The legal issues raised by university decisions affecting students have not yet been clearly resolved in all jurisdictions. Indeed, in some cases, judges have raised many more questions than they have answered. This article will review the framework for legal challenges to university decisions against a background of recent judicial attitudes in Australia, New Zealand, the UK and the US.

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http://hdl.handle.net/10453/5578