Contract with Colleges

Call them students or whatever euphemism one wants, the fact is that students are consumers of what the college or university has sold to them and provides. Students and their families have been sold on a set of promises ranging from a vague mission to better their lives and the world to the usual marketing of “personal attention from a caring faculty and staff with small classes and all the services needed for you to be successful in your studies and future career...”  As a result, students and families pay out thousands, tens of thousands, a hundred thousand dollars to attend the school to receive what they were sold. This offer of services, acceptance of the offer and exchange of money for the services proffered is the very essence of a contract between two parties. The contract creates a set of obligations upon the service provider (hereinto called the college) to furnish the customer (hereinto called the student) said promised services (attention, small classes, personal attention, caring, problem resolution, instruction, training, tutoring, access to faculty/administrators, assistance, support…). The customer is obligated to fulfill the obligations of payment and follow college policies as might be in a student handbook or course syllabi which are addenda to the contract and create sub-contracts in themselves. And the college is obligated to provide what it promised and sold the student.

If the college does not provide the student all that was promised/sold by the marketing and admissions process to entice the student to attend and pay, the contract as well as the student’s expectations.  To date, the result is that the customer becomes angered that the contract has been broken and will normally try to get the services promised or just decide it isn’t worth it and leave.

Dropping out is the traditional response. Though in our increasingly heated and litigious society, this will likely change.  There will be a student who has paid tens of thousands of dollars to purchase a set of promised and contracted for services but has not received them. He or she will bring a suit against the school to recover costs, time spent as well as future earnings lost. All the student will have to do for example is show the marketing that promised small classes and then the section of X he had to attend in a lecture hall with 250 others. Or promised tutoring by professionals but was unable to get the tutoring or was given a non-professional peer tutor; or went to the faculty member’s office hours and the professor was not there on a number of occasions or simply said he or she did not have time to help and the student subsequently failed the required class.  Considering the increasingly skeptical and even negative attitude of the public toward higher education as discussed in Squeeze Play 2010, a jury of college student parents would likely find the student’s case that an expansive contract was breached to be compelling.

Moreover, what colleges need to understand is that when the contract is extended through an offer of admissions and the student accepts and pays for that proffer, the question of whether or not the student should be in the college, or is capable of doing well ends. The proffered acceptance is a statement that we have determined that you are capable of doing the work to succeed or we would not have made the offer. To accept a student a school or members of the school’s community believes is not capable of doing the work, “not college material”, not up to our standards” is to make a false offer and is inherently unethical as well as grossly horrible customer service. That would be as unethical as selling me, an older, 5’6”, 172 pound, out of shape, academic-type a course that would make me a center for an NBA team. If a college or university accepts a student the contract says the school has certified through its admissions process that this is a student who should be capable of graduating from the school. And we will provide all the services we promised to make that happen. Or as Academic Customer Service Principle 1 says “The goal is not to recruit the very best students, but to make the students you recruit their very best.”