Legal Issues in Advising
Most student suits over advisement are based on contract law. They contend that the institution entered into an agreement and then breached that agreement or contract.
What advisors say can and will be used in a court of law. However, spoken words must be specific and believable to form a contract. A student told by a school official "not to worry" about an academic problem cannot rely on those words. In Abrams vs. Illinois College of Podiatric Medicine, 395 N.E. 2d 1061 (1979), the court found the officials words too vague and indefinite to create a binding oral contract.
What if an advisor makes a statement not in accordance with the campus policy? Can the student rely on the "promise"? Yes, if it can be shown that the student’s reliance was justifiable. That was the issue in Blank vs. Board of Higher Education of the City of New York, 273 N.Y.S 2d 796 (1966), where a student followed an advisor’s advice, which turned out to be wrong.
A student was told by faculty members, a department head, and an advisor that he could finish his undergraduate program at Brooklyn College while in his first year of law school at Syracuse. He completed the independent studies, but the college denied him his degree because he wasn’t "in attendance" at Brooklyn. The college officials claimed that only the dean of the faculty could authorize the program option.
The court ruled against the school. It found that the student had relied on permission granted by campus faculty and staff and shouldn’t be penalized as a result.
In addition to contract law and torts, student claims against advisement can be made under agency law. This makes schools responsible for words and deeds of officials or representatives having either actual or apparent authority. When a campus agent has the power to act, or appears to a student to have the power to act, the campus can be held responsible. Therefore, an academic advisor talking to a student about grades, credits, or degrees can be seen as being an authority that a student could consider reliable.
In Healy vs. Larsson, 318 N.E. 2d 608 (1974), agency law was applied to campus advisement. A transferring student met with academic advisors, a dean, and a departmental chair about his planned course of studies. The student followed their plan, based on the advice received, and took all the specified course. The college denied him a degree, saying he’d failed to complete all requirements. He took the issue to court.
The court awarded the student his degree. The officials were agents of the school, said the court, and their agreement on the program of study was binding on the college. The student had fulfilled the terms set by the agents, making the school responsible for fulfilling its part of the agreement, the granting of the degree.
Advisor Note: The following excerpts were taken from the article "Advise with Care" which is printed in full in the ASU-Jonesboro Spring 2001 advisor newsletter.
Areas of Concern for Advisors
FERPA–The Family Education Rights and Privacy ACT of 1974 governs what information can be shared from a student’s file. The FERPA home page is located at
Policy and curriculum changes–Staying abreast of key curriculum and policy changes is sometimes a problem for advisors. At the same time, students expect advisors to be the expert on these areas. Advisors may want to help establish an effective line of communication in their department to assist with information sharing. Advisors may want to keep a current course bulletin and review from time to time.
On-line advising–It is possibly too early to determine if on-line advising carries the threat of a lawsuit. However, advisors should caution what information they share through electronic records. A written permission might be a worthwhile investment when private information is sent via e-mail. Advisors may want to keep hardcopy documentation of email transactions.
Letters of recommendation–Generally letters of recommendations are harmless. However, when an advisor feels that a negative comment is inevitable, problems could arise. Advisors should be cautious for whom they write a recommendation and what information they share. Advisors may want to actually discuss the letter of recommendation with the student ahead of time.
Ways to Reduce Complaints
Keep accurate and dependable notes per advising session.
Be clear and concise during advising session.
Take the time to clarify the goals of advising.
Participate in ongoing advisor training.
Make every effort to deliver what is "promised."
Don’t answer questions to which you are uncertain of the correct answer.
Refer students to appropriate resources if the advising session is outside advisor expertise and/or comfort level.
Refrain from demeaning, negative verbal or nonverbal statements.
Be accessible to students.
Make every effort to keep abreast of policy and procedural change.
Confidentiality of Student Records
ASU-BEEBE policy is that student academic records should not be released without the written consent of the student. Any questions about student records and privacy should be referred to the Admissions' office. For further information, refer to the Catalog.
