Students know that if costly, erroneous advice is given, they can find attorneys to represent them. Most litigation occurs when there is a breach of contract or when there is evidence of negligence, nondisclosure, misrepresentation, or defamation on the part of a trusted person or figure of authority. Therefore, advisors must be knowledgeable about advising responsibilities and strive to impart clear and accurate information to advisees. Students may consider signed course request forms to be evidence of poor or inaccurate advising. Anecdotal records of advising meetings should be kept, although advisors must be aware that such records may be obtained by the student and may be used in litigation.
Academic advisors are in a vulnerable position.
Academic advisors cannot and need not function in fear of potential litigation. However, to avoid civil action, advisors need to be knowledgeable, fair, and thorough in all advising tasks and must act consistently and conscientiously, in good faith, and in the student's best interest. The law further provides and protects the student's right to privacy by limiting access to the educational record without expressed written consent or permission. For example, if a parent calls to inquire about a student's academic progress, that information cannot be released without written consent or permission from the student. See the UW General Bulletin for further details about exceptions and confidential letters of recommendation.