The university catalog as a contract

The purpose of this study is to explore the origin, evolution and current status of the university catalog, and the notion that the catalog creates a contractual relationship between the student and the university. While the student/university relationship contains elements of a contractual relationship, and while the catalog helps to articulate portions of that relationship, there exists uncertainty regarding the precise nature of the relationship and the role of the catalog in defining the relationship. If a contractual relationship exists, certainly a contract must exist; but where in the student/university relationship can the contract be found and precisely what are the terms of that contract? Many in higher education would answer "in the catalog." Many catalogs clearly state they are not to be considered contracts, and yet some courts have ruled portions of the catalog to be contractual. The catalog is central to the functioning of an institution of higher education. It is at once the institution's announcement, guide and chronicle. Its purview extends to every portion of the institution's existence. It is vital to the work of higher education, and yet neither courts nor academicians seem clear on its legal status. This study examines the issues related to the university catalog as a contract and its role in the student/university relationship. The research centers around three questions: (1) How has the university catalog developed and evolved into the document it is today? (2) How have the courts viewed the university catalog in disputes between the student and the university? (3) How do university officials presently view and use the university catalog? These three questions have determined the research methods used to answer them. The first calls for tracing institutional catalogs through history—an historical methodology. The second requires a search of case law to find the judicial decisions which have been handed down regarding the catalog—a legal methodology. The third involves asking university officials how they view and use the university catalog—an empirical methodology. Combined with the usual review of related literature, this tri-modal approach to the question is designed to create a baseline of information concerning the current role and status of university catalogs.