In a precedent setting case in the western district of Michigan, Doe v Northern Michigan University, David Nacht obtained the first court opinion providing a student with a breach of contract claim when he is expelled in a flawed process because the college violated the student handbook procedures. This is the first court to find students in Michigan have such a contractual right. The ruling allows the case to continue to discovery and opens the door for other students to find redress. The court also allowed the case to proceed on a due process theory.
While Northern Michigan is a public university, due process claims only apply to public universities. Students at private universities have no due process rights under the Constitution and therefore must obtain relief under another statute such as Title IX or breach of contract. While many other states have allowed student breach of contract cases, Michigan courts have been reluctant to do so until this case. Therefore the real value of this opinion lies for Michigan students at private colleges who are expelled unfairly.
NachtLaw has been fighting for student rights for free speech, due process, Title IX and now breach of contract for years.