Bender v. Alderson-Broaddus College

575 S.E.2d 112, 212 W. Va. 502, 2002 W. Va. LEXIS 174
CourtWest Virginia Supreme Court
DecidedOctober 31, 2002
DocketNo. 30458
StatusPublished

This text of 575 S.E.2d 112 (Bender v. Alderson-Broaddus College) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bender v. Alderson-Broaddus College, 575 S.E.2d 112, 212 W. Va. 502, 2002 W. Va. LEXIS 174 (W. Va. 2002).

Opinions

ALBRIGHT, Justice:

Betty Bender (hereinafter “Appellant”) appeals from the June 19, 2001, order of the Circuit Court of Barbour County by which the lower court granted summary judgment in favor of Alderson-Broaddus College (hereinafter “Appellee” or “Appellee College”) on the ground that a private college may increase the academic requirements for completion of a sequential multi-year degree program after a student has enrolled and completed a portion of the program as long as the change is not arbitrary and capricious. Upon due consideration of the petition, briefs, record and arguments, we affirm the decision of the circuit court for the reasons set forth below.

I. Factual and Procedural Background

Appellant became a student at Appellee College in the fall of 1996 and was accepted into Appellee’s nursing program at the beginning of her sophomore year.1 According to Appellant, before she enrolled at the school, she and her husband met with the chair of Appellee’s nursing department, Dr. Sharon Boni, to discuss the academic standards of the nursing program. Appellant asserts that Dr. Boni explained that students were required to complete the nursing program within five years2 of being admitted to the Appellee College and that the minimum qualifications for graduation from the nursing program were a grade of “C” (defined also as a grade of at least seventy percent) in all required nursing courses and a cumulative grade point average (hereinafter “G.P.A.”) of 2.0 on a scale of 4.0 in all course work. Appellant further maintains that she and her husband pointedly asked Dr. Boni during this meeting whether the Appellee College could increase these minimum academic requirements after Appellant was admitted into the nursing program. Appellant contends that Dr. Boni assured her that these academic requirements could not, by law, be changed so as to affect students already accepted into the multi-year nursing program.3

Statements regarding amendment of any college policies were included in various college publications available to students during the time Appellant was deciding which school to attend as well as during her term of attendance at Appellee college. The inside covers of Appellee College’s 1995-1997 Catalog and 1999-2001 Catalog stated:

The provisions of this bulletin are not to be regarded as an irrevocable contract between the student and the College. The College reserves the right to make and designate the effective date of changes in curricula, course offerings, fees, requirements for graduation, and other regulations at any time such changes are considered to be desirable or necessary.

The catalogs also contained information regarding grade point averages, but there was no reference to the grading scale. The Policy and Procedure Manual of the Department of Nursing at Appellee College, which all nursing students were required to purchase and maintain, contained the following provision regarding amendment to nursing program policies:

Policies affecting nursing students and/or nursing faculty are developed and/or revised through the action of various nursing department committees and finalized by the Nursing Faculty Organization. Copies of revised policies will be distributed to students and faculty with discussions as appropriate.

The Policy and Procedure Manual contained information regarding G.P.A. requirements and the current grading scale.4 Additionally, the Student Handbook for the school years [505]*5051995-1997, 1998-2000, 1999-2001 contained the following reservation regarding college policies:

The provisions of this handbook are not to be regarded as an irrevocable contract between the student and the College. The College reserves the right to make and designate the effective date of changes in college policies and other regulations at any time such changes are considered to be desirable or necessary.

After deciding to attend Appellee College, Appellant completed her first year (1996-97) of general studies and her first year in the nursing program (1997-98) without apparent difficulty. However, in the fall of 1998, Appellant received a final grade of “D” in two nursing courses. As a result, Appellant could not take nursing courses in the 1999 spring semester because the classes she needed to repeat due to her unsatisfactory performance were only offered during the fall semester and were prerequisites to the nursing courses offered during the spring term. Consequently, Appellant enrolled in general studies classes in the spring of 1999 and then registered in the fall of 1999 to repeat the nursing classes in which she received “D” grades.

During the fall 1998 semester, Appellee’s Nursing Department Curriculum Committee embarked upon a study of the grading scale policy. According to the minutes of its September 9, 1998, meeting, this committee decided to examine data from previous years to determine if students receiving the grade of “C” with scores in the low seventy percent range were more likely to fail the National Council Licensure Examination. After reviewing all of the compiled data, the Curriculum Committee voted in October 1998 to recommend a new grading scale whereby a minimum score of seventy-five percent would be required in order to earn a “C” grade. The new grading scale was ultimately approved in December 1998, with its implementation delayed until the fall 1999 semester so the nursing students would receive advance notice of the change.5 The revised grade scale was applied to all nursing students, including those students who had enrolled under the more lenient seventy percent standard.6

Appellant was able to meet the new grading standard in her classes during the fall 1999 semester. However, in the spring 2000 semester she failed to achieve the minimum score of seventy-five percent in one nursing class and received a grade of “D”; the score she attained in that class was above seventy percent, for which she would have received a grade of “C” under the policy in effect at the time of her admission to the nursing program. Because Appellant could not repeat this required class until the following spring semester, it became impossible for her to complete the nursing program within five years from her admission to the school. Therefore, Appellee academically expelled Appellant from the nursing program in May 2000.

On August 10, 2000, Appellant filed a civil action against Appellee seeking injunctive relief as well as damages. After conducting an evidentiary hearing, the lower court issued an order on October 15, 2000, by which it denied the requested injunction but allowed the action to proceed upon the issue of damages. According to the October 15 order, the two theories on which Appellant would proceed with regard to damages were breach of contract and promissory estoppel.7

The sum of Appellant’s argument to the lower court was that she and the college had a contractual relationship based on the representations made in or reasonably inferred from the publications of Appellee College as well as the verbal assurances made by Dr. Boni. Appellant maintained that by the terms [506]*506of her contract with Appellee the nursing program grading requirements would not change during the course of her enrollment.

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Bluebook (online)
575 S.E.2d 112, 212 W. Va. 502, 2002 W. Va. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bender-v-alderson-broaddus-college-wva-2002.