College-student disciplinary contract claims
The Pennsylvania Superior Court recently revisited – and rejected – breach of contract claims brought by a student dismissed from a private college. Reardon v. Allegheny College, --- A.2d --- 2007 WL 1576007 (Pa. Super.) Thus, the Pennsylvania courts continue to adhere to a rather strict contract view of such claims, rejecting broader “due process” type claims.
The disciplinary procedures in the student handbook were the relevant contractual terms. The student did not argue that the terms were not bargained for, that she was unaware of the terms, or that the terms were ambiguous. The terms set forth “minimum procedural safeguards notice, the admission of relevant testimony, the right to call witnesses and present evidence, and the right to be represented by a member of the college community.” Reardon at pages 8-9. The student handbook did “not contain complicated procedural or evidentiary rules.” Reardon at page 8.
The court reiterated that, if a student cannot show a breach of any contractual terms, judges will not
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