## Facts

- Nancy Jean Tedeschi enrolled as a part-time student at Wagner College in fall 1976.
- After disruptive conduct and poor performance in Latin, she tore up her final exam booklet and did not submit it.
- Over the next two days, Tedeschi made repeated harassing calls to the Latin professor, threatened self-harm and threats against him, and appeared at his home; police intervention ended the calls.
- The academic dean sought a meeting with Tedeschi and her mother to discuss her academic status; Tedeschi refused, denying any issue, and additional calls to the professor followed.
- Wagner orally informed Tedeschi she was suspended for the spring semester on nonacademic grounds (“reasons of character”), offered a tuition refund, and allowed her to reapply for the fall.
- Wagner had published disciplinary “Guidelines” stating that nonacademic “character or misconduct” matters would be referred to a Student–Faculty Hearing Board and that the student had a right to a hearing with presidential review.
- Tedeschi claimed she was suspended without being told of, or given, the hearing described in the Guidelines.

## Issues

1. Whether a private college’s published disciplinary guidelines are enforceable as part of the student–college contract, binding the college to follow them.
2. Whether suspending a student for nonacademic reasons without the hearing promised in the guidelines is unlawful.
3. Whether informal meetings or alleged noncooperation can substitute for, or waive, the formal hearing procedure set out in the guidelines.

## Decision

- The New York Court of Appeals reversed the Appellate Division.
- The court held that a private educational institution is bound by its published disciplinary rules.
- Because Wagner suspended Tedeschi on nonacademic grounds covered by its Guidelines, it was required to provide the hearing procedure specified there.
- The case was remitted to the trial court for entry of judgment consistent with the opinion, requiring compliance with the promised procedures.

## Legal Principles

- The student–private college relationship is contractual; published disciplinary rules may become implied terms of that contract.
- A private college that adopts and publishes disciplinary procedures must substantially comply with them when imposing nonacademic discipline.
- Informal administrative discussions do not satisfy a formal hearing requirement set by the institution’s own rules.
- Waiver of procedural rights is not inferred where the institution did not clearly inform the student of the specific right to a formal hearing.
- Courts generally defer to academic judgments, but will require adherence to promised procedures in nonacademic disciplinary actions.

## Conclusion

A private college may suspend a student for nonacademic reasons, but if it has published disciplinary procedures promising a hearing, those procedures are enforceable as contractual obligations and must be followed before the suspension can stand.


Tedeschi v. Wagner Coll., 49 N.Y.2d 652, 404 N.E.2d 1302 (N.Y. 1980)