Northwest Education Law Blog : Northwest Education Lawyer & Attorney : Williams Kastner Law Firm : Tacoma, Seattle, Portland

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University of Washington student Angela Ju embarked upon a UW study abroad program in Cuba during the winter 2005-2006 quarter. However, shortly after the program started in Cuba, Ju experienced medical problems. Physicians in Cuba informed UW instructors that Ju’s psychiatric symptoms required treatment that could only be had in the United States. One of the two UW professors leading the Cuba study abroad program escorted Ju home to the United States for treatment.

Shortly thereafter, Ju requested permission to return to the program in Cuba, and also applied for a separate study abroad program in Rome. UW officials informed Ju that she could return to the Cuba program, and be considered for the Rome program, if she submitted updated medical clearance forms. Ju never provided updated medical forms.

Ju filed suit, alleging UW breached its contract with Ju by refusing to allow her to fully participate in the Cuba and Rome programs, and further because UW failed to provide for a letter grade in the Cuba program. After the trial court granted summary judgment in favor of UW, Ju appealed.

Affirming judgment in favor of UW, the Washington Court of Appeals recognized that “the relationship between a student and a university is primarily contractual in nature, with the specific terms to be found in the university bulletin and other publications.” However, Ju failed to establish a genuine issue of material fact as to whether UW had breached its contract with Ju. The UW’s requirement of updated medical clearance forms prior to Ju’s return to Cuba and consideration for the Rome program was consistent with written UW policy. Furthermore, UW gave Ju 15 credits for the Cuba program, and nothing in UW’s policies and procedures supported Ju’s claim that she was entitled to a letter grade for her work in Cuba despite her absence.
 

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Study abroad programs continue to be scrutinized as more headlines spotlight potential risks and the serious as well as fatal consequences for students.  For example, this past week, a Korean Student identified as Shim was attacked by a masked assailant and is reported to be in critical condition at a Moscow hospital. There have been previous attacks reported in Moscow targeting foreigners including one that killed a foreign student last week--raising concern that the attacks against Koreans may be linked to hate crimes.

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On February 23, 2010, Oprah Winfrey interviewed Amanda Knox’s family about the 2009 murder trial and conviction which resulted in Knox’s 26-year sentence in Italian prison. Amanda Knox was implicated in the murder during her term studying abroad in Italy as a University of Washington student. In video clips on Oprah’s website, Amanda’s sisters told of the emotional toll of the event on the family, while Amanda’s parents and other family members reflected somberly upon the short 10-minute phone call they receive from Amanda from prison each week.

Addressing the implications of the Knox trial and verdict for American students and their families, 20/20 co-anchor Elizabeth Vargas reported that “thousands of American families send their children overseas to be exchange students” each year. Such students and their families are placed in challenging circumstances when legal issues arise so far from home. Through interviews with jurors and others close to the case, Vargas confirmed that events immediately following the murder dictated Amanda Knox’s fate. Regardless of whether one believes Amanda Knox to be guilty or innocent, Vargas reported, it was apparent that the manner in which Amanda Knox and her story were handled shortly after the murder “early on cemented a negative opinion of Amanda, especially overseas, and that never really changed.” 

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Correspondent Brendan O'Malley of University World News has submitted a compelling new report regarding an increasing number of military and political attacks against those associated with higher education in an increasing number of countries over the past three years. According to Mr. O'Malley, there have been "thousands of reported cases of students, teachers, academics and other education staff being kidnapped, imprisoned, beaten, tortured, burned alive, shot or blown up by rebels, armies and repressive regimes." The 2010 report "recommends that the international community do more to ensure punishment of the perpetrators and proposes strengthening protection of higher education in international law to establish a global system for monitoring attacks at all levels of education." Education under Attack 2010 by Brendan O'Malley, Unesco 2010, may be downloaded at unesdoc.unesco.org.

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A 188-foot Canadian-flagged sailing ship carrying students from the study abroad program Class Afloat, run by West Island College International in Nova Scotia sank off the coast of Brazil sending 48 students in to the water this past Wednesday. The students were rescued after a Brazilian military aircraft tracked a distress beacon that had launched automatically. The students spent at least 40 hours on the life rafts. The Globe and Mail reports that program founder Terry Davies had been in direct contact with the vessel's captain and confirmed all students were doing "well" following the incident. However, questions are being raised regarding the cause of the incident and the sufficiency of recovery procedures, and Cruise Law News reports that Barbados is the country responsible for the investigations. Class Afloat's website indicates that students returned to Canada on February 20 and are in the process of reuniting with their parents.

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The story of University of Washington student Amanda Knox's conviction to 26 years in prison by an Italian court taught us that risk and legal liability follow U.S. institutions and students on study abroad programs. Each year, more than a quarter million U.S. students leave the safety and security of their families and country to embark upon study abroad programs. Those students, families and universities will continue to grapple with the fallout from the Amanda Knox trial and verdict. On February 23, 2010, Oprah Winfrey will interview Amanda Knox's family on a segment entitled "From College Student to Convicted Killer," asking the question: "How do you intend to set Amanda free?" Catch the interview live on February 23, or check back here after the interview airs for a link to the full interview.