Legal aspects of grading and student progression

In today's litigious environment, nurse educators must understand the legal issues involved in determining grades and deciding academic progression. Although the courts have consistently ruled that educators are the most qualified people to evaluate what constitutes academic success, the potential remains for students to legally challenge their grades. This article reviews legal cases and shows the change in the student-institution relationship from one of a child-surrogate parent (in loco parentis) to one in which students' rights and institutional responsibility are balanced. The courts continue to support the concept that educators are uniquely qualified to make determinations concerning grading and progression and defer to decisions made by the academic community. However, a series of legal decisions based on due process and contract law now protects students from arbitrary and capricious decisions made without a formal grievance process. The implications for nurse educators and administrators are far-reaching and include such issues as specific policies within syllabi, divisional policies, institutional policies, and adherence to formal grievance procedures.