Understanding the Difference Between Your Contractual Rights and Title IX Rights as a College Student
| | Student Rights, Title IX
Students at virtually every college and university in the U.S. have rights granted to them through the Title IX scheme of protection, but they also have contractual rights based on their relationship established with the institution. If a school violates the student’s rights, the student has the right to take certain actions to seek justice, including filing a lawsuit.
It is important for students to understand their rights and to recognize an infringement of those rights. An experienced student rights attorney can help clarify when a school’s actions (or failure to take action) violate rights and implement a plan to gain restitution or other forms of relief. Every student’s situation is unique, but here are some general factors to consider regarding the contractual rights of students and how they differ from Title IX rights.
What are Contractual Rights?
When you enter into a contract with another person or an entity, such as a college or university, your arrangement gives you certain rights and creates certain obligations. Those rights are sometimes spelled out in a special contract document, but other times, to understand your rights and obligations, you need to read through additional material and be mindful of statements made orally that were not written down. In addition, the law often implies some rights and obligations in certain types of contracts. For that reason, knowing what your rights are under a particular contract is not always as straightforward as you might expect.
The contract or provisions of the law will often include remedies that you can pursue if your contractual rights are violated. Understanding your available remedies and the options for pursuing those remedies can be more challenging than determining your rights. This is one reason people turn to attorneys for assistance because an experienced legal advisor will know the rights and remedies available based on legal precedent, federal, state, and local statutes and regulations, and other sources, as well as in the documents referenced in the contractual arrangement.
As a Student, What Contractual Rights Do You Have?
When we think of contracts, we tend to picture a printed document with many pages laid out for a formal signing session. While it is becoming more common for schools to ask students to sign enrollment contracts, chances are very good that when you applied to a college or university, the school did not present you with a long printed contract. You may not have signed anything in writing. Signatures are now often electronic.
More importantly, the terms you agree to abide by and your rights when entering into the contractual arrangement with a school are not necessarily spelled out in a single document. Often, by submitting an application or paying a fee, you agree to accept terms that are described in other places, such as the school’s code of conduct. To know your contractual rights, you will need to comb through all policies and all documents you’ve accepted. A handbook or policy manual does not necessarily become part of your contractual relationship, but when you agree to be bound by the terms of a handbook, manual, or anything else, then both you and the school can potentially be held accountable to the terms.
In many cases, the law will include contractual rights and obligations that are not specifically spelled out in writing but that are generally assumed under contract law. One such implied right is the duty of each party to a contract to act in good faith and deal fairly with the other.
Even statements made to you verbally can become part of your contract with the institution and create rights and obligations. However, the verbal statements must be made in an official capacity to be binding, and proving oral contractual terms can be challenging.
Rights Under Title IX
The federal laws associated with Title IX of the Education Amendments of 1972 create rights for students, faculty, and staff that are independent of the contractual rights created when a student exchanges tuition for the promise of an education. Title IX rights center around the right to take advantage of equal educational opportunities without discrimination or harassment on the basis of sex. The extent of these rights is determined by federal law as interpreted by local federal courts, so these rights are more uniform than contractual rights, but they have been subject to frequent shifts in recent years due to shifting political agendas. Schools can violate a student’s Title IX rights by failing to handle a complaint of sexual assault properly, violating a student’s due process rights during an investigation or adjudication of a complaint, allowing harassment that interferes with a student’s education, and many other ways.
Example of How Contractual and Title IX Rights Intersect
One example of how a student’s contractual and Title IX rights can intersect is shown is the case of former nursing student Nicole Gililland, recently affirmed in large measure by the Ninth Circuit Court of Appeals. Gilliand was progressing through her academic programs at Southwestern Oregon Community College when it came to light that the student’s previous employment included work in the “adult film industry.” From that point on, she alleged that she was subjected to different standards than other students and that instructors harassed her because of her past employment.
After she was dismissed from the program due to low grades, she filed a lawsuit alleging that the college violated her Title IX rights by discriminating on the basis of sex and violated her contractual right to receive an education in exchange for tuition.
The court held that that school did indeed violate her contractual rights and awarded damages (some of which were reversed because they were based on emotional distress, which is not remediable in a breach of contract claim under state law.) However, the court concluded that the school’s harsh treatment did not violate the student’s Title IX rights, a finding which many advocates found to be disturbing. Evidence showed that at least one faculty member viewed the student differently because of a sex-based stereotype, which points to an infringement of Title IX rights. However, it is possible that Gililland’s attorney understood how to make the contractual claim but not how to advocate effectively to enforce her rights under Title IX.
Protecting All of Your Rights as a Student
When you invest the time, effort, and money to further your education, you deserve to receive the full benefit of the educational opportunities available at your institution. When your rights are infringed, whether they are rights granted to you under your contractual arrangement or rights granted through Title IX or other laws, you lose out and your education suffers, along with your self-esteem and future opportunities. It is important to act to enforce and preserve your rights.
The experienced team of Title IX and student rights attorneys at Nesenoff & Miltenberg helps students when schools have violated their Title IX rights and other rights, assisting in campus proceedings as well as federal lawsuits. If you have a question or concern regarding a potential violation of your rights, call our firm at 212-736-4500 or contact us online to schedule a confidential consultation to learn how we may be able to assist.