Criticizing the image of the student as consumer: examining legal trends and administrative responses in the US and UK1

There is widespread concern that higher education is being compromised by being turned into a ‘commodity’ to be ‘consumed’. This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between ‘commodification’ and ‘consumerism’. Education has always been a commodity to be bought and sold; the true danger lies in the move to a ‘rights-based’ culture where students (and politicians) see education merely as something to be ‘consumed’ rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if HEIs do not themselves act more proactively in challenging this damaging view of higher education.     

Student academic appeals: a holistic assessment

The Government regards it as important that ... institutions should review their procedures for handling student complaints ... and intends to review, in two years’ time, whether sufficient progress has been made.

para. 9.8 Higher Education for the 21st Century (1998)

The imperative to review process is upon the universities, this clear statement by the Government supporting Recommendation 60 of the Dearing Report sets the timescale (whilst still not differentiating between Appeals and complaints).     

Liability and Risk Assessment in Student Activity Abroad—The UKCOSA Survey

Universities in England are required to assess risk in all activities they undertake. This enables proper procedures to be put in to place to provide effective delivery whilst at the same time minimising risk and potential liability. The individual components of the law involved in student activity abroad are essentially 'standard' but the total package of law and the procedures that it is advisable to follow is more complex. A survey of universities was carried out to ascertain what procedures they had in place and what their level of awareness was. The findings of the survey have been used to indicate what management procedures should be put in place in order to minimise risk in the form of answers to a series of Frequently Asked Questions (UKCOSA, 2002). The total elimination of risk is not possible, but use of information can reduce risk, minimise liability and enhance the quality of service provided.     

Are we collectively guilty of complacency? An update on the continued confusion over what is academic freedom and what may become a battle for academic freedom

Academic freedom has, since 2004, increasingly made the headlines of the higher education papers and journals in the United Kingdom. New legislation has added to the confusion in terms of what law applies and what might apply. This article provides an updated analysis of this confused area.     

Higher education and the general [lack of] agreement on trade in services: from Doha to Hong Kong and beyond

What international framework, if any, is higher education subject to in terms of its work, not in the sense of validating its programmes or safeguarding its academic freedom, but in terms of its funding, its operating environment and its stakeholders? Is it viewed as a business in some sense? Is it subject to trade rules and negotiations? All of these questions have, to some extent, been raised in the World Trade Organisation's ‘Doha Round’ of negotiations. Has agreement been reached or has the overall operating context of economies submerged higher education, in particular agriculture? This article analyses the brief history of the Doha Round and the possible categorization of higher education within a commercial framework. Conclusions are reached at the end.     

The Teaching and Higher Education Act 1998—impact on the student contract

The relationship that exists in law between a student and the Higher Education Institution at which they first wish to study and then do study has been looked at in the past in terms of both private law (contract or contracts) and public law (member of the corporation etc.). The Teaching and Higher Education Act introduces a new component into the equation for the vast majority of students (the undergraduates) by requiring, subject to ‘means testing’, a direct contribution to fees. What effect might this have? The largest effect is that it will confirm the move to a student/HEI contract that is a consumer contract. The possible new admissions cycle will also play a part in the alteration of communications and formation of the contract. This shift will also impact upon how disputes might be resolved in the future and the level, clarity and timing of information that the HEI must provide.     

The changing landscape of higher education: an analysis of how national change might be brought about in American higher education compared with the Bologna signatory states

Throughout much of the world higher education has been subject to scrutiny, including for example cost, outcomes, stakeholder value, and change. The intensity of the scrutiny and the possible consequences in terms of change have accelerated as a result of 2009 being the year of financial turbulence and scarce resources being used to prop up failing industries such as the automobile industry, compounded by measures such as quantitative easing and huge amounts being made available to the banking sector. This article looks at the different contexts and legal frameworks regarding change being required as a result of legislation rather than happening through some organic way. The article does not focus on the merits of possible change but on how change may be brought about. The European context is that of the Bologna Process (with a brief reminder of the European Union's competency in this area), the US context is that of change at national, regional or state level but with the primary focus being national level change.     

What is a ‘university’? (The English Patient)

The term ‘university’ is used in most cases with only a vague understanding of exactly what a university is and does. Is a university anything with the word in its title or does the word actually convey a meaning as to the purpose of the institution? Much of the time this does not matter—people have an understanding of what it is, what it does and what it means. However, with globalisation and the creation of alliances and networks, the creation of the European Higher Education Area, competition for the best students and scholars, competition for funding, ‘league tables’ etc. the need for clarity and transparency increases. Even with cultural diversity this should be easy, but the impact of government policy may in fact skew the understanding, removing the word in England from the universal concept of what a university is and replacing it with a narrow English law definition.