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然而,与此同时,法院批准了一系列涉及“特别承诺的教育服务”的合同要求。根据法庭的说法,这些指控包括:教师“经常迟到”、“旷课”、浪费课堂时间“个人问题”;学校没有提供“具体类型的计算机”的“实践培训”;而且学校“未能提供给学生的材料中所描述的教学时间。”这些尚存的法律问题似乎涉及到教育的一般质量,并可能对传统书院产生深远的影响。此外,不仅教育上的渎职案件得到了更多的关注,而且学生也有资格获得重大的金钱损失。Keith Sharick是一名四年级医学生,他在佛罗里达大学(Florida university)的最后一项课程——一场普通药物的乡村轮作——失败后起诉了他,并被开除了。在审判过程中,陪审团裁定东南大学的健康科学委员会驳回Sharick的决定是武断和反复无常的。根据这个不寻常的陪审团裁决,法院认为除了学费补偿之外,“考虑到未来收入损失的可能性”。持不同意见的法官表示,他们担心Sharick将会被授予“终身价值的未来收入,在一个尚未获得学位的未知领域从事潜在的职业生涯”。佛罗里达州最高法院拒绝受理上诉。


At the same time, however, the court permitted a number of contractual claims involving what it described as “specifically promised educational services.” According to the court, these claims included complaints that instructors were “frequently tardy,” “absent,” and wasted class time on “personal problems”; that the school failed to provide “hands-on training” on “specific types of computers”; and that the school “failed to deliver the number of hours of instruction described in the materials given to students.” These surviving legal issues appear to involve the general quality of education and could have far-reaching implications for the traditional academy.Moreover, not only may educational malpractice cases be gaining more traction, but students may also be entitled to significant monetary damages. Keith Sharick, a fourth-year medical student, sued his Florida university when he failed his final required course-a rural rotation in general medicine-and was dismissed from his program. At trial, the jury ruled that the decision of Southeastern University of the Health Sciences to dismiss Sharick was arbitrary and capricious. Based on this unusual jury verdict, the court found it “appropriate to consider the possibility of lost future earnings” in addition to tuition reimbursement. The dissenting judge expressed concern that Sharick would be awarded “a lifetime’s worth of future income for a potential career in an unknown field from a degree not yet obtained.” The Florida Supreme Court declined to hear an appeal of the ruling.


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