What Rights Do Students Have If A Course Or Teacher Is Significantly Different From What Was Advertised?

Students have certain rights if a course or instructor is significantly different from what was advertised in the course catalog, syllabus, or promotional materials. Educational institutions are expected to provide a course of study that aligns with the information they provide to students, and significant deviations may be considered a form of misrepresentation or breach of contract. If the course content, teaching style, or instructor is not what was promised, students have a variety of rights and options to address the issue.

1. Review the Course Description and Syllabus

• Course Catalog: Begin by reviewing the course description in the official course catalog or syllabus that was provided before enrollment. This document should clearly outline the course content, learning objectives, assessment methods, and any specific expectations regarding teaching styles, materials, and instruction.
• Significant Deviations: If the actual course deviates significantly from the description (e.g., a course advertised as a hands-on laboratory class is instead lecture-based, or a promised instructor is replaced with someone who does not meet the advertised qualifications), this can be grounds for a complaint or a claim of misrepresentation.

2. Discuss with the Instructor or Teaching Assistant

• Clarification: The first step is to address the issue with the course instructor or teaching assistant (TA). There may be legitimate reasons for course adjustments (e.g., scheduling issues, changes in instructional methods), and the instructor may be able to clarify or rectify the situation.
• Document Concerns: If the discrepancies are ongoing, document your concerns and provide specific examples of how the course content or teaching style differs from what was advertised. This will be helpful in case you need to escalate the issue.

3. File a Complaint with the Department or School

• Department Chair: If the instructor is unresponsive or the issue persists, escalate the matter to the department chair or academic advisor. They may be able to address the issue, especially if there are systemic problems with the course or a miscommunication about the advertised content.
• Formal Complaint: Many universities have a formal grievance or complaint process for students who feel that a course has been misrepresented. You can file a formal complaint with the department or through the academic affairs office, detailing how the course or instructor does not meet the advertised standards.

4. Request a Course Adjustment or Transfer

• Alternative Course Options: If the course is significantly different from what was advertised and the issue is not resolved, you may request to be transferred to another section of the same course or an alternative course that meets your educational needs. This may be particularly relevant if the course content or teaching style does not align with your academic goals.
• Course Drop or Withdrawal: If the situation is untenable, you may choose to drop or withdraw from the course. In this case, your institution may allow you to do so without academic penalty (e.g., a W grade instead of a failing grade). Be sure to review your school's withdrawal and refund policies to understand the implications for your academic record and finances.

5. Request a Refund or Compensation

• Refund Policy: If the course is so significantly different from what was advertised that you feel it no longer provides the educational value you expected, you may be entitled to a tuition refund or partial reimbursement. Some schools may have specific policies for refunds due to course misrepresentation or dissatisfaction with course delivery. Check the school’s refund policy to see if it includes provisions for this type of situation.
• Consumer Protection Laws: If the institution’s advertising is misleading or deceptive, students may also have rights under consumer protection laws, which protect students from false advertising and misrepresentation in educational services. You can file a complaint with the state’s attorney general or consumer protection agency if you believe that the course was marketed in a misleading way.

6. Escalate the Issue to the Student Ombudsman or Mediation Services

• Student Ombudsman: Many universities have a student ombudsman or similar office that serves as an impartial mediator for academic disputes. If you're unable to resolve the issue through regular channels, contacting the ombudsman can provide additional options for mediation and resolution.
• Mediation: If both you and the instructor or department feel there has been a misunderstanding, you may be able to resolve the situation through mediation services provided by the university. The goal of mediation is to reach an amicable solution without formal procedures.

7. File a Formal Grievance or Appeal

• Formal Grievance: If you believe the situation constitutes a serious breach of your academic rights, you can file a formal grievance with the university’s academic affairs office or grievance committee. This committee will typically investigate the situation and make recommendations for resolving the issue.
• Grade Appeal: If the mismatch between the advertised course content and the actual course has negatively impacted your grades (for example, if the course failed to cover expected material or skills), you may have grounds to appeal your grade or request a different evaluation. Check your institution’s grade appeal process for guidance on how to proceed.

8. Legal Action (Last Resort)

• Breach of Contract: If you believe the institution has violated its contractual obligations to you as a student (for example, through false advertising or misrepresentation of the course), you may have grounds for a breach of contract claim. Before pursuing legal action, it is advisable to first exhaust all internal options, such as the appeal and grievance process.
• Consult an Attorney: If all internal avenues fail and you believe the breach is significant enough, consulting with an attorney who specializes in education law may be an option. They can advise you on whether you have a valid case and the potential remedies available.

9. Example

A student enrolled in a psychology course advertised as focusing on clinical psychology, but upon attending, they discovered the course content was entirely theoretical and did not cover the expected practical applications. The instructor also had little experience in clinical settings, despite being advertised as an expert in the field.

The student first approached the instructor to clarify the discrepancy, but the issue was not resolved. They then filed a formal complaint with the department chair, requesting either a transfer to a different section or a tuition refund due to the misrepresentation. After reviewing the syllabus and course materials, the department determined that the course did not meet the advertised content and offered the student a full tuition refund or the option to take a different course.

Conclusion

If a course or instructor is significantly different from what was advertised, students have several options to challenge the situation. First, they should attempt to resolve the issue through communication with the instructor or department. If that does not work, students can file a formal complaint or request a course transfer or refund based on consumer protection and contractual rights. In some cases, students may need to escalate the issue to mediation services or consult an attorney. Understanding your academic rights, the institution’s policies, and any relevant consumer protection laws is essential in ensuring that students receive the education they were promised.