“‘My kid failed a course,’
‘My kid was disciplined,’
‘My kid was assigned to a poor housing situation.’
Can I sue?”
As higher education joins the consumer economy, plaintiffs abound
me is to help me find a job when I
graduate. You haven’t done it. You
Zwick trial testimony that did not help
owe me damages.”
the University of Michigan’s defense
Keller also recounted a case in
which a New York University profes-
sor had earlier settled his denial-of-
Question: You would agree with me that based on Alissa’s transcript, there is nothing
tenure lawsuit against the Manhat-
to support your statement that she had deficits?
tan-based institution for—among
Answer: I disagree.
other things—a promise that his
children would be eligible for tu-
Let’s look and see what you said at your deposition. Page 89:
ition-remission benefits, when they
Question: So is there anything on her transcript that you can see that would
came of college age. Years later, when
legitimize your statement that the reason for the decision is past and continuing
one of his kids was denied admission
clinical performance deficits?
to NYU, the ex-prof filed suit, claim-
Answer: If this is the only information I have with which this deposition is based, I
ing that the settlement agreement
would say she has a B in clinical.
implied the right to be admitted in
Question: So let me just sum this up then. Based on her transcript alone, just alone,
order to enjoy the benefit. According
you do not see any basis for your statement that she is being dismissed on past and
to Keller, the judge disagreed, siding
continuing clinical performance deficits. Your answer was: Just based on that, I can’t
with the university’s position, that to
extract anything other than that she did B work.
receive tuition remission, the child
first had to qualify for admission un-
Answer: Okay. I will—I agree.
der NYU’s stated standards.
Question: Correct?
Although Saul Ewing’s legal
Answer: Yes.
practice is limited to representing
Question: She’s one of the few students in the D3 level that’s ever been dismissed, correct?
universities, Keller reveals that he
Answer: I can’t recall who in the past has.
receives frequent calls from students
Question: Very few, correct?
and parents, who find his name us-
Answer: Correct.
ing Google. “Disgruntled parents call
with queries such as, ‘My kid failed a
Gordon, elicited some damaging admis- clients’ way. But, adds Keller, “I have seen course,’ or ‘My kid was disciplined,’
sions from the school’s former dean (see a change in the nature of the suits.” He or ‘My kid was assigned to a poor hous-
box above), which no doubt influenced continues, “More cases involve plaintiff ’s ing situation, and now the school won’t
the jury in rendering its banner verdict recent economic struggles. The economy make a change.’ Can I sue?”
and $1.72 million award to Ms. Zwick. is driving the litigation. That’s true for “These complaints don’t always lead to
faculty lawsuits, too.” lawsuits,” he adds. “But more suits seem to
Tip of an iceberg? By way of example, Keller cites a have parental involvement.” Online social
I inquired of two higher education at- case currently pending in neighboring networks such as Facebook and MySpace
torneys at the Philadelphia-based law New York State. “The suit was filed on are involved in some of the suits involving
firm Saul Ewing: Jim Keller, who heads the theory that the institution’s career campus housing disputes. “You can find
up the firm’s higher education practice, counseling service discriminated against out on Facebook or MySpace who your
and partner Jim Kilcur. They both con- students, such as the plaintiff, in favor of child’s roommate will be and what he or
curred that they see no significant up- those with higher GPAs. The plaintiff is she is like. If the future roommate doesn’t
tick in the number of cases coming their arguing, “A part of your contract with measure up to the parents’ expectations,
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