No 'Breach of Contract' In University's Suspension of Cheating Student
by
Joseph C. Maya on Apr. 28, 2017
Other Education Business Contract Lawsuit & Dispute Lawsuit
Summary: Blog post about a student who sued Yale University for breach of contract after she was suspended due to allegations of cheating.
If you have a question or concern about education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .
In the case of Okafor v. Yale University, a student sued a university for alleged breach of contract and misrepresentation arising from her suspension for cheating. In law, a breach of contract is a claim alleging that a bargained for agreement between parties is not honored by one or parties to the contract by non-performance or interference with the other party’s performance. In this case, the student claims that the school’s suspension breached their agreement, and was an unfair interference with her education.
During a chemistry exam, a teaching assistant saw what appeared to be the student copying answers from another student seated near her. The assistant informed the teacher, who found the student’s exam answers were unusually similar to the other student’s answers. At a formal hearing, an executive committee found that the student had cheated. Yale University filed a motion for summary judgment, a court judgment in favor of the university over the student, arguing that all claims against it should be dismissed.
The court found for the University. A contract between a student and the university is created with two conditions: (1) that no student shall be arbitrarily expelled from the university, and (2) that the student will submit himself to reasonable rules and regulations, the violation of which may result in his expulsion. The procedure involved in the student’s suspension was governed by Yale’s Undergraduate Regulations which the student received when she first arrived at school. The executive committee that heard the student’s matter was comprised on tenured and non-tenured faculty, as well as three undergraduate students. There was not dispute to these material facts, or any evidentiary basis, that supported allegations of the university breaching its agreement with the student.
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Okafor v. Yale Univ., 2004 Conn. Super. LEXIS 1657 (June 25, 2004)