what kind of lawyer sues a private college

It is very important to consult with a school law attorney if you feel you may have a cause of action to sue a private school, private college, or private university. Having an education lawyer on your side is the first step in trying to right a private schools wrongs. Other Options

Full Answer

Can I sue a private school?

School personnel (e.g., professors, campus security, janitors, etc.). Can I Sue a Private University or College? In the eyes of the law, private universities and colleges are viewed as private businesses. Thus, in most cases, a plaintiff may file a campus safety lawsuit against a private university or college.

What kind of lawyer do I need to sue a school?

May 18, 2015 · Hello, I am presently attending a private college and trying to receive my degree in Family Therapy. The college I have been attending 3 1/2 years. When I first started the program I was told it would only take 2 years. I also was told, among others in the program, the internship would only consist of no more than 300 hours.

Can you sue a school for educational malpractice?

If you wish to sue your child’s private school, you will need to hire an experienced and local government lawyer. Because private schools are privately owned, legal action against them can be complex and confusing.

Is there an affordable alternative to sue a college?

Apr 01, 2017 · Education Law Attorney in Denver, CO. 4.5714285714286 stars. 21 reviews. AVVO RATING 8.6. Contact Attorney. 0 found this helpful | 1 lawyer agrees. Posted on Apr 1, 2017. Posted on Apr 1, 2017. Education lawyer may be able to help if the school made material misrepresentations.

Why is it important to consult with a school law attorney?

It is very important to consult with a school law attorney if you feel you may have a cause of action to sue a private school, private college, or private university. Having an education lawyer on your side is the first step in trying to right a private schools wrongs.

What happens if you don't get into a private school?

When you enter a private school, you usually sign some type of admission agreement or other document. You then pay money to the school and in return, expect certain things. If the school does not provide you with those things, you probably have a claim for breach of contract.

What are some common claims that might be brought?

Fraud or negligent misrepresentation is another common claim that might be brought. You are deciding on enrolling in a particular school. You read things put out by the school. For instance, the school promises particular classes, or sports, or career training. Maybe you speak to someone from the school and they tell you these things verbally. Based on what you were told or read, you decide to enroll. Once enrolled, you find out that these things were not true. You have been induced to enroll because of those false or misleading statements. You have an action for fraud or negligent misrepresentation.

What is negligence in school?

Negligence means that the school had a duty to you. Perhaps it was a duty to provide you with certain things, or a duty to follow its policies, or a duty to keep you safe. If the school fails or “breaches” that duty, you may be able to assert a negligence claim. There are simply too many scenarios to go into that may bring about a negligence claim. These kind of negligence claims are typically not the same as getting in a car accident, so a lawyer who is familiar with education law and school law is essential to assist you.These are just three of the most popular actions that could be brought against a private school, private college, or private university in a lawsuit. This list is by no means exhaustive and there are certainly other causes of action that might be brought against a private institution. Every case is unique, so the type of claim or claims that can be brought depends on your specific situation. It is very important to consult with a school law attorney if you feel you may have a cause of action to sue a private school, private college, or private university. Having an education lawyer on your side is the first step in trying to right a private schools wrongs.

Who is Asselta Law?

Asselta was the attorney for a large public school district. He draws upon the knowledge gained from the other side of the table to work with teachers and students on legal issues in all education settings. Asselta Law advises clients throughout the United States.

Can a private school be sued?

However, being a private school or private college, does not exempt them from being sued by those they have wronged. Here are the top three most common claims for a lawsuit that can be filed against private schools, private universities and private colleges. 1. Breach of Contract Claims.

Is a school negligence case the same as a car accident?

These kind of negligence claims are typically not the same as getting in a car accident, so a lawyer who is familiar with education law and school law is essential to assist you.These are just three of the most popular actions that could be brought against a private school, private college, or private university in a lawsuit.

What evidence should be used to prove that a college or university should be held liable for injuries?

Evidence that may support a claim that a college or university should be held liable for injuries include: Demonstrating that the institution was aware of the threat to safety or problem by using witnesses, prior incidents, and correspondence (e.g., if students consistently receive campus safety alerts).

What happens if an institution knows or should know their campus is not safe?

However, if an institution knows or should know their campus is not safe, has repeatedly been sued or has had multiple incidents occur, and continues to do nothing to make their students safer, then a court may potentially issue a punitive damages award.

What is punitive damages?

This includes reimbursements for medical expenses, hospital bills, loss of income (if employed), loss of future income, wrongful death, pain and suffering, and emotional distress. Punitive damages: Punitive damages may be difficult to obtain since they are only awarded in extreme cases.

What damages can a student recover?

Depending on if the case is successful, a student may be able to recover a number of different remedies or types of legal damages, including: Compensatory damages: Both economic and non-economic compensatory damages may be available to the plaintiff.

What is the duty of a college or university?

A college or university owed a plaintiff a duty to keep the campus safe; They breached this duty by not keeping the campus safe; By breaching this duty, their actions became the actual and proximate cause of the plaintiff’s injuries;

What are the elements of negligence?

A plaintiff suing for negligence must prove four elements: duty, breach of duty, causation, and damages.

What is campus safety?

Campus safety refers to the policies and systems that higher learning institutions implement to keep their students, staff, and visitors safe. Over the last thirty years, providing a safe campus has become a top priority for colleges and universities. This is partly due to the number of students now enrolled in college, ...

What are some examples of when a parent can sue a school?

Some examples of when a parent may sue a school include, but may not be limited to: Discrimination: Federal laws, such as the Americans With Disabilities Act (“ADA”), protect against discrimination in various forms. This includes sex, race, national origin and disability.

What is a failure to supervise charge?

Failure to Supervise: The school district may face negligence charges when a student is injured while not being supervised appropriately, as previously discussed; Sexual Misconduct : Sexual harassment includes sexual assault, molestation, or rape of a student by a school district employee.

What is a duty of care?

According to civil tort law, the term duty of care refers to a legal obligation in which one person must adhere to a reasonable level of diligence while performing acts or services for someone else. A very simple example of this would be how a doctor has a duty of care to their patients. In terms of a child’s school, ...

What is school maintenance?

Employing both qualified and competent teachers, coaches, and other staff who will provide proper educational and supervisory care for your child.

What is the role of supervision in school?

Supervising your child during recess and lunch; Providing supervision any other times in which children will be playing in groups, as this is when foreseeable injuries are most likely to occur; Providing safe and clean classrooms, as well as educational facilities;

What happens if you don't admit your child to school?

However, if their reason for not admitting your child is based on discriminatory reasons, that would be illegal and therefore grounds for a lawsuit; Excessive and/or Severe Punishment: Most school systems have policies in place regarding the type of punishment allowed.

Can a school be held liable for a failure to supervise students?

What this means is that if the injury is not something that would generally be expected from the event or activity that caused the injury, the school cannot be held liable for a failure to supervise students.

William J Popovich

If the school is accredited you got what you paid for. Some school is always the "worst of the legal". But still legal. Unfortunately, the time to check how "people look at them" is in online research before you commit to go. But if they are accredited she should be able to find an LPN to RN program, just maybe not the one she wants to use.

Matthew Scott Berkus

Probably no recourse, if the school is accredited (which it is, schools cannot operate for long without accreditation), there is little to know recourse. How the market views a program is not something in the school's control.

Eliot M. Wolf

Education lawyer may be able to help if the school made material misrepresentations. If they were a recognized accredited program this may be difficult.

What is an education law attorney?

Education law attorneys typically handle such matters as student rights, student discipline, bullying, harassment and school governance; if your issues involve other types of problems, another type of lawyer may be appropriate.

What happens if a school violates your admissions agreement?

If the school has violated your admissions agreement, you may have a claim for breach of contract and will need a contracts lawyer. The first step may be to speak to an education attorney and find out if she can help, or she can direct you to the appropriate type of attorney for the situation.

What does a school district attorney do?

The school district will pay for the legal services directly without going through a law firm. Counsel hired by the district as general counsel usually handle daily legal questions, contractual issues and smaller lawsuits involving simpler laws, such as open records requests or procedural questions for school board meetings. However, these attorneys may also advise on more complex lawsuits, typically with the assistance of a firm or attorney separately hired for a specific lawsuit.

What is a slip and fall lawsuit?

Lawsuits brought by parents and students against a school district could be anything from a slip-and-fall case to a violation by the school district of local, state, or federal statutes. You'll need to hire a lawyer that specializes in the type of legal problem you're experiencing. For example, if your child has been injured on school premises, ...

What is a union attorney?

In addition, union attorneys are frequently used in the course of negotiating a collective bargaining agreement. When the union and the school district are unable to reach agreement through negotiation or arbitration, the agreement occasionally proceeds to the courts, where a union attorney will represent the district's employees.

What to do if your child is being bullied?

For example, if your child has been injured on school premises, you may need to hire a personal injury lawyer. If you think your child is being bullied, has special needs that are not being met or is facing discriminatory practices or harassment from educators and other staff, you'll need an education lawyer.

Can a district hire a single attorney?

The district may hire a single attorney, or it may hire an entire law firm. A law firm, as opposed to a solo practicing attorney, holds the advantage of having many attorneys to draw on for expertise and having more resources to cover expenses.

What to do if your school broke a contract?

If you believe that your (or your child's) school broke a contractual promise or made false promises to get you to enroll, you should speak with a lawyer specializing in education law or breach of contract. An experienced attorney should be able to evaluate your situation, explain your legal options, and explain the general principles of school liability, including when schools are immune from lawsuits.

What is a breach of contract?

A breach of contract happens when anyone who has agreed to a contract doesn’t fulfill that promise. People usually think of contracts—and breach of contracts—in the context of business or employment, but they can also play a role in educational settings.

Can a school be sued for not providing an adequate education?

Unfortunately, that happy result may be all but impossible. Courts usually throw out lawsuits that directly or indirectly claim a school didn’t provide an adequate education (what are known as educational malpractice cases).

Do students sign contracts?

Although students generally don’t sign formal contracts, many courts have found that a school’s bulletins, catalogs, handbooks, and regulations become part of its contract with enrolled students when the students actually receive those materials.

Can a nursing school be accredited?

A group of students alleged that a nursing school had promised its graduates would be qualified to take a licensing exam for registered nurses and would be able to enroll directly in a particular advanced nursing program, even though the school’s program was not properly accredited. ( Jeffers v.