Sheila M. Lyons v. Salve Regina Coll. & Sheila M. Megley, ph.d., Individually & in Her Capacity as Dean of Students at Salve Regina Coll., 565 F.2d 200 (1st Cir. 1977). · Go Syfert
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Sheila M. Lyons v. Salve Regina Coll. & Sheila M. Megley, ph.d., Individually & in Her Capacity as Dean of Students at Salve Regina Coll., 565 F.2d 200 (1st Cir. 1977). Cases Citing This Book View Copy Cite
93 citation events (32 in the last 25 years) across 32 distinct courts.
Strongest positive: Arias v. University of Washington Tacoma (wawd, 2025-08-11)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 49 distinct citers.
discussed Cited as authority (rule) Arias v. University of Washington Tacoma
W.D. Wash. · 2025 · confidence medium
While the 24 1 court acknowledged it is “generally accepted that the relationship between a student and a 2 university is primarily contractual in nature” (id.), it also explained that the “student-university 3 relationship is unique, and it should not be and cannot be stuffed into one doctrinal category” and 4 that contract law need not be “rigidly applied in all its aspects.” (Id.) (quoting Lyons v. Salve 5 Regina College, 565 F.2d 200, 202 (1st Cir. 1977)).
cited Cited as authority (rule) Thomson v. Board of Trustees of the University of RI
1st Cir. · 2023 · confidence medium
A university's representations in a catalog should be interpreted according to their "normal, everyday meaning." Lyons v. Salve Regina Coll., 565 F.2d 200, 203 (1st Cir. 1977).
cited Cited as authority (rule) Allen v. Middle Tennessee School of Anesthesia, Inc.
M.D. Tenn. · 2022 · confidence medium
Doherty, 862 F.2d 570, 577 (6th Cir. 1988) (quoting Lyons v. Salve Regina Coll., 565 F.2d 200, 202 (1st Cir. 1977)).
discussed Cited as authority (rule) Walker v. President & Fellows of Harvard College
1st Cir. · 2016 · confidence medium
Lyons v. Salve Regina Coll., 565 F.2d 200, 203 (1st Cir. 1977) (applying the reasonable expectation standard to a Rhode Island case involving a student manual dispute between a student and a college).
cited Cited as authority (rule) Marlowe v. Keene State College
D. Mass. · 2016 · confidence medium
Sys. of New Hampshire, 136 N.H. 9 , 610 A.2d 357, 360 (1992) (citing Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977)).
discussed Cited as authority (rule) Beauchene v. Mississippi College
S.D. Miss. · 2013 · confidence medium
Ctr. v. Hughes, 765 So.2d 528, 534 (2000) (“In many instances, elements of the law of contracts have been applied to the student-university relationship, but rigid importation of the contractual doctrine has been rejected.”) (citing Corso v. Creighton Univ., 731 F.2d 529, 531 (8th Cir.1984); Lyons v. Salve Regina Coll., 565 F.2d 200, 202 (1st Cir.1977); Mahavongsanan v. Hall, 529 F.2d 448, 450 (5th Cir.1976); Slaughter v. Brigham Young Univ., 514 F.2d 622, 626 (10th Cir.1975)).
discussed Cited as authority (rule) Becker v. Washington State University
Wash. Ct. App. · 2011 · confidence medium
The student-university relationship is unique, and it should not be and can not be stuffed into one doctrinal category.’ ” Id. at 306 (quoting Lyons v. Salve Regina Coll., 565 F.2d 200, 202 (1st Cir. 1977)).
cited Cited as authority (rule) Universidad de Puerto Rico v. Laborde Torres
prsupreme · 2010 · confidence medium
Citando a Lyons v. Salve Regina College, 565 F.2d 200, 202 (1er Cir. 1977).
discussed Cited as authority (rule) Halpern v. Wake Forest University Health Sciences (2×)
M.D.N.C. · 2010 · confidence medium
In making this ruling, the Long Court cited three cases involving contract-based claims by students against universities: Elliott v. Duke Univ., 66 N.C.App. 590, 595-96 , 311 S.E.2d 632 (1984); Lyons v. Salve Regina Coll., 565 F.2d 200, 202 (1st Cir.1977); and Doherty v. Southern Coll., of Optometry, 862 F.2d 570, 577 (6th Cir.1988).
cited Cited as authority (rule) Brodeur v. Claremont School District
D.N.H. · 2009 · confidence medium
As Mangla notes, 135 F.3d at 83 , this holding itself derives from the decision by the court of appeals in Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977).
discussed Cited as authority (rule) Kashmiri v. Regents of the University of California
Cal. Ct. App. · 2007 · confidence medium
(See, e.g., Ross, supra, 957 F.2d at p. 417 ; Lyons v. Salve Regina College, supra, 565 F.2d at p. 202 [terms of contract between student and college may include statements provided in student manuals and registration materials]; Mangla v. Brown University (1st Cir. 1998) 135 F.3d 80, 83 [standard for interpreting contractual terms is that of “ ‘reasonable expectation—what meaning the party making the manifestation, the university, should reasonably expect the other party to give it’ ”]; Johnson v. Schmitz (D.Conn 2000) 119 F.Supp.2d 90, 93 [“Because a student bases his or her deci…
discussed Cited as authority (rule) Gorman v. St. Raphael Academy
R.I. · 2004 · confidence medium
See, e.g., Runyon v. McCrary, 427 U.S. 160, 172 , 96 S.Ct. 2586 , 49 L.Ed.2d 415 (1976); Mangla v. Brown University, 135 F.3d 80, 83 (1st Cir.1998); Doherty v. Southern College of Optometry, 862 F.2d 570, 577 (6th Cir.1988); Corso v. Creighton University, 731 F.2d 529, 531 (8th Cir. 1984); Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977), cert. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d 62 (1978) (the student-school relationship is unique and rigid application of contract law not appropriate); Mahavongsanan v. Hall, 529 F.2d 448, 450 (5th Cir.1976); Dinu v. President & Fe…
discussed Cited as authority (rule) Goodman v. President and Trustees of Bowdoin Coll.
D. Me. · 2001 · confidence medium
The proper standard for interpreting the contractual terms is that of “reasonable expectation — what meaning the party making the manifestation, the university, should reasonably expect the other party to give it.” Mangla v. Brown Univ., 135 F.3d 80, 83 (1st Cir.1998) (citing Russell v. Salve Regina Coll., 938 F.2d 315, 316 (1st Cir.1991), rev’d on other grounds, 499 U.S. 225 , 111 S.Ct. 1217 , 113 L.Ed.2d 190 (1991), reinstated, 938 F.2d 315 (1st Cir.1991), and quoting Lyons v. Salve Regina Coll, 565 F.2d 200, 202 (1st Cir.1977), cert. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d…
discussed Cited as authority (rule) Schaer v. Brandeis University (2×)
Mass. · 2000 · confidence medium
Thus, we employ “the standard of ‘reasonable expectation — what meaning the party making the manifestation, the university, should reasonably expect the other party to give it.’ ” Cloud v. Trustees of Boston Univ., 720 F.2d 721, 724 (1st Cir. 1983), citing Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir. 1977), cert. denied, 435 U.S. 971 (1978).
discussed Cited as authority (rule) UNIV. OF MISS. MED. CENTER v. Hughes
Miss. · 2000 · confidence medium
See, e.g., Corso v. Creighton Univ., 731 F.2d 529, 531 (8 th Cir.1984); Lyons v. Salve Regina College, 565 F.2d 200, 202 (1 st Cir.1977); Mahavongsanan v. Hall, 529 F.2d 448, 450 (5 th Cir.1976); Slaughter v. Brigham Young Univ., 514 F.2d 622, 626 (10 th Cir.1975). ¶ 21.
discussed Cited as authority (rule) University of Mississippi Medical Center v. Hughes
Miss. · 2000 · confidence medium
See, e.g., Corso v. Creighton Univ., 731 F.2d 529, 531 (8th Cir.1984); Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977); Mahavongsanan v. Hall, 529 F.2d 448, 450 (5th Cir.1976); Slaughter v. Brigham Young Univ., 514 F.2d 622, 626 (10th Cir.1975). ¶ 21.
cited Cited as authority (rule) Nicholas Mark Aronson v. University of Mississippi
Miss. · 2000 · confidence medium
Rev. 1768 (1995); Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir. 1977), cert. denied, 435 U.S. 971 (1978). ¶59.
discussed Cited as authority (rule) The University of Mississippi Medical Center v. Christopher W. Hughes
Miss. · 1999 · confidence medium
See, e.g., Corso v. Creighton Univ., 731 F.2d 529, 531 (8th Cir. 1984); Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir. 1977); Mahavongsanan v. Hall, 529 F.2d 448, 450 (5th Cir. 1976); Slaughter v. Brigham Young Univ., 514 F.2d 622, 626 (10th Cir. 1975). ¶21.
discussed Cited as authority (rule) Thornton v. Harvard University
D. Mass. · 1998 · confidence medium
“The terms of the *94 contract may include statements provided in student manuals and registration materials.” Mangla, 135 F.3d at 83 ; Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977), ce rt. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d 62 (1978).
discussed Cited as authority (rule) Guckenberger v. Boston University
D. Mass. · 1997 · confidence medium
Even though “some elements of the law of contracts are used and *151 should be used in the analysis of the relationship between [student] and the university,” because “[t]he student-university relationship is unique,” contract law need not be “rigidly applied.” Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977) (quoting Slaughter v. Brigham Young Univ., 514 F.2d 622, 626 (10th Cir.1975)) (internal quotation marks omitted).
cited Cited as authority (rule) Sharif v. Dartmouth Medical School
D.N.H. · 1996 · confidence medium
Gamble, 136 N.H. at 13 (citing Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir. 1977), cert, denied, 435 U.S. 971 (1978)).
discussed Cited as authority (rule) Long v. University of North Carolina at Wilmington
N.C. Ct. App. · 1995 · confidence medium
App. 590, 595-96 , 311 S.E.2d 632, 636 , disc. rev. denied, 311 N.C. 754 , 321 S.E.2d 132 (1984) (using contract analysis in suit by student not admitted to university program); Lyons v. Salve Regina College, 565 F.2d 200, 202 (1977), cert. denied, 435 U.S. 971 , 56 L.
cited Cited as authority (rule) Gamble v. University System
N.H. · 1992 · confidence medium
Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir. 1977), cert. denied, 435 U.S. 971 (1978).
discussed Cited as authority (rule) Kenneth J. D'AmAto v. Rhode Island Hospital Trust National Bank
1st Cir. · 1992 · confidence medium
Lyons v. Salve Regina College, 565 F.2d 200, 203 (1st Cir. 1977), cert. denied, 435 U.S. 971 (1978) (the district court's findings of fact as to amount in controversy will not be disturbed unless held to be "plainly wrong"). 6 Affirmed.
discussed Cited as authority (rule) Courtney J. Lundquist v. Precision Valley Aviation, Inc.
1st Cir. · 1991 · confidence medium
The district court’s determination that Lundquist was a citizen of New Hampshire at the time he commenced the action “is a mixed question of law and fact and as such may not be set aside unless clearly erroneous.” Valedon Martinez, supra, 806 F.2d at 1132 ; O’Toole, supra, 681 F.2d at 98 ; Hawes, supra, 598 F.2d at 702 ; Lyons v. Salve Regina College, 565 F.2d 200, 203 (1st Cir.1977), cert. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d 62 (1978). “ ‘[A] finding is “clearly erroneous” when although there is evidence to support it, the reviewing court on the entire evidence i…
discussed Cited as authority (rule) Sharon L. Russell v. Salve Regina Colleges., Sharon L. Russell v. Salve Regina Colleges.
1st Cir. · 1989 · confidence medium
E.g., Lyons, supra, 565 F.2d at 202 (dean may reject faculty recommendation to reinstate student); Slaughter v. Brigham Young Univ., 514 F.2d 622 (10th Cir.), cert. denied, 423 U.S. 898 (1975); Clayton v. Trustees of Princeton Univ., 608 F.Supp. 413 (D.N.J.1985) (university must have flexibility to discipline cheating students).
discussed Cited as authority (rule) James Paul Doherty, Plaintiff-Appellant/cross-Appellee v. Southern College of Optometry, Defendant-Appellee/cross-Appellant (2×)
6th Cir. · 1989 · confidence medium
See, e.g., Corso v. Creighton Univ., 731 F.2d 529, 531 (8th Cir.1984); Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977), cert. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d 62 (1978); Mahavongsanan v. Hall, 529 F.2d 448, 450 (5th Cir.1976); Slaughter v. Brigham Young Univ., 514 F.2d 622, 626 (10th Cir.), cert. denied, 423 U.S. 898 , 96 S.Ct. 202 , 46 L.Ed.2d 131 (1975).
discussed Cited as authority (rule) Aase v. State, South Dakota Board of Regents (2×)
S.D. · 1987 · confidence medium
Id., quoting Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977), cert. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d 62 (1978), quoting with approval from Slaughter v. Brigham Young Univ., 514 F.2d 622, 626 (10th Cir.), cert. denied, 423 U.S. 898 , 96 S.Ct. 202 , 46 L.Ed.2d 131 (1975).
discussed Cited as authority (rule) Marjorie Marie Valedon Martinez v. Hospital Presbiteriano De La Comunidad, Inc.
1st Cir. · 1986 · confidence medium
Fed.R.Civ.P. 52(a); Hawes, supra, 598 F.2d at 702 ; Lyons v. Salve Regina College, 565 F.2d 200, 203 (1st Cir.1977) (although evidence on diversity of citizenship “was both sharply conflicting and rather slim ..., the findings of fact by the District Court cannot be said to be plainly wrong on this record and will, therefore, not be disturbed by this Court.”), cert. denied, 435 U.S. 971 (1978). “ ‘[A] finding is “clearly erroneous” when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake h…
cited Cited as authority (rule) Russell v. Salve Regina College
D.R.I. · 1986 · confidence medium
Corso v. Creighton University, 731 F.2d 529, 531 (8th Cir.1984); Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977), cert. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d 62 (1978).
discussed Cited as authority (rule) McInnis v. Harley-Davidson Motor Co., Inc.
D.R.I. · 1986 · confidence medium
Erie Railroad Co. v. Tompkins, 304 U.S. 64, 78 , 58 S.Ct. 817, 822 , 82 L.Ed. 1188 (1938); Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977); Gleason v. Merchants Mutual Insurance Co., 589 F.Supp. 1474, 1478 (D.R.I.1984); Plummer v. Abbott Laboratories, 568 F.Supp. 920, 921 (D.R.I.1983); Scuncio Motors, Inc. v. Subaru of New England, Inc., 555 F.Supp. 1121, 1124 (D.R.I.1982), aff'd, 715 F.2d 10 (1st Cir.1983).
discussed Cited as authority (rule) Gleason v. Merchants Mutual Insurance
D.R.I. · 1984 · confidence medium
Erie Railroad Co. v. Tompkins, 304 U.S. 64, 78 , 58 S.Ct. 817, 822 , 82 L.Ed. 1188 (1938); Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977); Montaup Electric Co. v. Ohio Brass Corp., 561 F.Supp. 740, 744 (D.R.I.1983); Scuncio Motors, Inc. v. Subaru of New England, Inc., 555 F.Supp. 1121, 1124 (D.R.I.1982), aff'd, 715 F.2d 10 (1st Cir.1983).
discussed Cited as authority (rule) Leevonn Cloud v. Trustees of Boston University
1st Cir. · 1983 · confidence medium
Thus we apply the standard of Giles v. Howard University, 428 F.Supp. 603, 605 (D.D.C.1977), which we adopted in Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977) (applying Rhode Island law), cert. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d 62 (1978); namely, the standard of “reasonable expectation — what meaning the party making the manifestation, the university, should reasonably expect the other party to give it.” See also Slaughter v. Brigham Young University, 514 F.2d 622 (10th Cir.), cert. denied, 423 U.S. 898 , 96 S.Ct. 202 , 46 L.Ed.2d 131 (1975).
discussed Cited as authority (rule) Montaup Electric Co. v. Ohio Brass Corp.
D.R.I. · 1983 · confidence medium
Erie Railroad Co. v. Tompkins, 304 U.S. 64 , 58 S.Ct. 817 , 82 L.Ed. 1188 (1938); Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977), cert. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d 62 (1978); Rusch Factors, Inc. v. Levin, 284 F.Supp. 85, 87 (D.R.I.1968).
discussed Cited as authority (rule) Scuncio Motors, Inc. v. Subaru of New England, Inc.
D.R.I. · 1982 · confidence medium
Erie Railroad Co. v. Tompkins, 304 U.S. 64, 78 , 58 S.Ct. 817, 822 , 82 L.Ed. 1188 (1938); Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977), cert. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed. 62 (1978).
discussed Cited as authority (rule) Napolitano v. Princeton Univ. Trustees
N.J. Super. Ct. App. Div. · 1982 · confidence medium
But again, these cases do not adopt all commercial contract law by their use of certain elements. [at 626] Similar language may be found in Lyons v. Salve Regina College, 565 F. 2d 200, 202 (1 Cir.1977), cert. den. 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed. 2d 62 (1977); Jansen v. Emory Univ., 440 F. Supp. 1060, 1062 (N.D.Ga. 1977), aff'd 579 F. 2d 45 (5 Cir.1978).
discussed Cited as authority (rule) Marquez v. University of Washington (2×)
Wash. Ct. App. · 1982 · confidence medium
Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir. 1977), cert. denied, 435 U.S. 971 , 56 L.
discussed Cited as authority (rule) Dietz v. American Dental Ass'n
E.D. Mich. · 1979 · confidence medium
In addition, see Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir. 1977), cert. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d 62 ; Parsons College v. North Central Assn. of Colleges and Secondary Schools, 271 F.Supp. 65 (N.D.Ill.1967) (state law, not constitutional law applied to expulsion of school from association); Pinsker v. Pacific Coast Central Society of Orthodontists, 12 Cal.3d 541 , 116 Cal.R. 245, 526 P.2d 253 , 259 n. 7 (1974) (procedure for admission to professional society is a matter of common law, not federal constitutional law).
cited Cited as authority (rule) Bellak v. Franconia College
N.H. · 1978 · confidence medium
Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir. 1977).
cited Cited "see" Berkowitz v. President & Fellows of Harvard College
Mass. App. Ct. · 2003 · signal: see · confidence high
See Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir. 1977), cert. denied, 435 U.S. 971 (1978).
cited Cited "see" Morris v. Brandeis University
Mass. Super. Ct. · 2001 · signal: see · confidence high
See Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir. 1977), cert den., 435 U.S. 971 (1978).
discussed Cited "see" Mangla v. Brown University (2×)
1st Cir. · 1998 · signal: see · confidence high
See Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir. 1977), cert. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d 62 (1978).
discussed Cited "see" William A. Hahn v. Vermont Law School
1st Cir. · 1983 · signal: see · confidence high
See Lyons v. Salve Regina College, 565 F.2d 200 (1st Cir.1977) (construing the language of a College Manual and Academic Information booklet as the terms of a contract between a student and college), cert. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d 62 (1978).
discussed Cited "see" Neel v. I. U. Board of Trustees
Ind. Ct. App. · 1982 · signal: see · confidence high
See Lyons v. Salve Regina College (1st Cir. 1977) 565 F.2d 200 , cert. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d 62 ; Slaughter v. Brigham Young *611 Univ., 514 F.2d at 626 ; Sofair v. State Univ. of New York (App.Div.1976), 54 A.D.2d 287 , 388 N.Y.S.2d 453 , rev’d on other grounds, (N.Y.1978) 44 N.Y.2d 475 , 406 N.Y.S.2d 276 , 377 N.E.2d 730 .
cited Cited "see, e.g." G v. Fay Sch., Inc.
unknown court · 2017 · signal: see, e.g. · confidence low
See, e.g., Cloud v. Trustees of Boston Univ. , 720 F.2d 721 , 724-25 (citing Lyons v. Salve Regina College , 565 F.2d 200 , 202 (1st Cir. 1977) ).
discussed Cited "see, e.g." Franchi v. New Hampton School
D.N.H. · 2009 · signal: see also · confidence medium
"That the relationship between a university and its students has a strong, albeit flexible, contractual flavor is an idea pretty well-accepted in modern case law.” Dinu v. Pres. & Fellows of Harvard Coll., 56 F.Supp.2d 129, 130 (D.Mass.1999); see also, e.g., Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977) (applying Rhode Island law) (quoting Slaughter v. Brigham Young Univ., 514 F.2d 622, 626 (10th Cir. 1975)); 3 Rapp, supra, § 8.01[2][d][I], at 8-16 & n. 80 (citing cases from a number of jurisdictions).
discussed Cited "see, e.g." Hamilton v. Accu-Tek
E.D.N.Y · 1998 · signal: see, e.g. · confidence medium
See, e.g., Lyons v. Salve Regina College, 422 F.Supp. 1354, 1357 (D.R.I.1976), rev’d on other grounds 565 F.2d 200, 203 (1977); see also Charles A. Wright, The Law of Federal Courts § 26, at 87 (2d ed.1970) (the factfin-der can look to, among other things, the declarations of intent of the party whose domicile is in question); accord Krasnov v. Dinan, 465 F.2d 1298, 1301 (3d Cir.1972) (quoting Wright).
discussed Cited "see, e.g." RLI Insurance v. General Star Indemnity Co.
D. Mass. · 1998 · signal: see, e.g. · confidence medium
See, e.g., Mangla v. Brown University, 135 F.3d 80, 84-85 (1st Cir.1998) (citing Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977), cert. denied, 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d 62 (1978)).
discussed Cited "see, e.g." Guckenberger v. Boston University
D. Mass. · 1997 · signal: see also · confidence medium
See id. at 488 ; see also Lyons v. Salve Regina College, 565 F.2d 200, 202 (1st Cir.1977) (“[S]ome elements of the law of contracts are used and should be used in the analysis of the relationship between plaintiff and the university -” (quoting Slaughter v. Brigham Young Univ., 514 F.2d 622, 626 (10th Cir.1975))), cert. denied. 435 U.S. 971 , 98 S.Ct. 1611 , 56 L.Ed.2d 62 (1978).
Sheila M. LYONS, Plaintiff, Appellee,
v.
SALVE REGINA COLLEGE and Sheila M. Megley, Ph.D., Individually and in Her Capacity as Dean of Students at Salve Regina College, Defendants, Appellants
77-1083.
Court of Appeals for the First Circuit.
Nov 25, 1977.
565 F.2d 200
Peter J. McGinn, Providence, R. I., with whom Normand G. Benoit and Tillinghast, Collins & Graham, Providence, R. I., were on brief, for defendants, appellants., Walter R. Stone, with whom Stone & Clifton and Joanne E. Mattiace, Providence, R. I., were on brief, for plaintiff, appellee.
Coffin, Campbell, Caffrey.
Cited by 68 opinions  |  Published
CAFFREY, District Judge.

This is an appeal from a final Order of the District Court which required defendant-appellants to reinstate plaintiff-appel-lee Sheila Lyons as a student in Salve Regina College for the purpose of obtaining a nursing degree.

Plaintiff filed an action in the District Court alleging a cause of action under 42 U.S.C. § 1983 (1970) in September of 1976. The complaint was amended to invoke the diversity jurisdiction of the District Court for an action in the nature of breach of contract. It is undisputed that plaintiff, while a student at the College, received a grade of “F” in a course captioned “Nursing 402A.” Because of this grade, under the rules of the College, she could no longer continue her studies towards a degree in nursing, and, in fact, she graduated from the College with a degree in the field of psychology. The relief sought by plaintiff on the basis of the amended complaint was an order requiring the College to change her grade in Nursing 402A from an “F” to an “Incomplete,” reinstatement for the purpose of completing the courses required for a nursing degree, and money damages.

Briefly stated, plaintiff’s contract theory was that the College Manual and Academic Information booklet constituted a contract between plaintiff and the College, and that the booklet contained provisions for the selection of a Grade Appeals Committee (Committee), for the hearing of a student’s appeal concerning a disputed grade by the Committee, and for the recommendation of a course of action to the Dean of the College by the Committee. The ruling below was that the recommendation of the Committee was binding upon the Dean and that the Dean’s failure to follow the recommendation, as found by the District Court, constituted an actionable breach of contract by the College.

The text of the pertinent parts of the College’s Academic Information and Registration Materials for 1975 and 1976 is set out in the opinion of the District Court in Lyons v. Salve Regina College, 422 F.Supp. 1354, 1358 (D.R.I.1976), and need not be fully repeated here. The critical portion of that document appears under the heading “Grade Appeal Process” and provides, “After both cases [the student’s and the teacher’s] are presented to the three-member grade appeals committee, the recommendation of the committee is made to the Dean of Students/Associate Dean of the College.”

After the hearing, the three faculty members who constituted the Grade Appeals Committee could not agree on a unanimous recommendation to Dean Megley. On the contrary, they recommended as follows:

Member Foglia: “The ‘F’ grade should not be altered. The student should apply to the nursing department for reinstatement to the program.”
Member Trimbach: “It is my recommendation that Sheila Lyons be awarded the grade of Incomplete in Nursing 402A, until the work missed early in the Fall of 1975 is completed. The specific terms of this arrangement should be agreed upon by both parties.”
Member Carlin: “It is recommended therefore that Sheila Lyons be granted an ‘Incomplete’ for the course in question[*202] and that she be allowed to make up the clinical classes and seminars that she missed.”

Dean Megley determined herself not bound by these diverse recommendations and, in effect, overruled the two-to-one majority which favored the entry of the grade of “Incomplete” in lieu of the “F” awarded by the instructor, Ms. Hull. The crucial question before us is whether the District Court erred in construing the words “recommendation of the committee ... to the Dean” as binding upon the Dean. There is nothing in either the College Manual or the College Academic Information and Registration Materials which in any way refers to the meaning of the word “recommendation” in the quoted language, nor is there any provision which indicates directly or indirectly whether the Dean is bound by or free to disregard or alter the “recommendation” of the Committee.

Because the District Court- entertained this case on the basis of its diversity jurisdiction, it was required under familiar principles to apply the substantive law of Rhode Island. Erie R.R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). Our research has found no case in the area of either contract law or educational law in which the Supreme Court of Rhode Island has enunciated the principles of law to be applied by a trial court in resolving a dispute arising out of the relationship between a private academic institution and its students. Because of the nonavailability of guidance from the Rhode Island Supreme Court, the District Court undertook to resolve the controversy between the parties, as to the nature and extent of a student’s rights under the academic administrative appellate procedure available at this particular institution, on the basis of traditional principles of contract law. The Court proceeded on the assumption that the College Manual and the College Academic Information and Registration Materials set out the terms of an ordinary commercial contract between Salve Regina College and the members of its student body including plaintiff. We are of the opinion that the approach which the Rhode Island Supreme Court would adopt, in construing the language of a claimed contract between a student and her college or university, is that prescribed in the opinion of the Court of Appeals for the Tenth Circuit in Slaughter v. Brigham Young University, 514 F.2d 622 (10th Cir. 1975). There the Court ruled:

The trial court’s rigid application of commercial contract doctrine advanced by plaintiff was in error.....
It is apparent that some elements of the law of contracts are used and should be used in the analysis of the relationship between plaintiff and the university to provide some framework into which to put the problem . . . . This does not mean that “contract law” must be rigidly applied in all its aspects, nor is it so applied even when the contract analogy is extensively adopted. . . The student-university relationship is unique, and it should not be and can not be stuffed into one doctrinal category. .

Id. at 626.

While arguably the language should be construed against the College as the author thereof, nevertheless we believe it should be kept in mind, as was pointed out by the District Court for the District of Columbia in Giles v. Howard University, 428 F.Supp. 603, 605 (D.D.C.1977), that: “Contract interpretation is a function of the court where, as here, no extrinsic evidence is necessary to determine an agreement’s meaning . . . . Since it is apparent that this is not an integrated agreement, the standard is that of reasonable expectation — what meaning the party making the manifestation, the university, should reasonably expect the other party to give it. it

There is nothing in the instant record to indicate that a student at Salve Regina College had any rational basis for[*203] believing that the word “recommendation” meant anything other than its normal, everyday meaning. It is not a word of art, nor has it acquired any secondary meaning in academic circles which can be discerned from the instant record. [1] Nothing in the student manual suggests that a recommendation by the Committee could reasonably be thought to be anything more than an expression of the Committee’s opinion as to the preferred course of conduct to be followed by the Dean in resolving the issue between the teacher and the student. Nothing in this document affords any basis for a reasonable expectation that it was mandatory upon the Dean to follow the Committee’s views. Consequently, we rule that it was error for the District Court, in effect, to convert a recommendation of the Committee into a mandatory order from the Committee to the Dean.

In view of the above ruling, only brief mention will be made of two other points raised by appellant, namely, lack of diversity of citizenship and lack of an amount in controversy in excess of $10,000. Suffice it to say that, while the evidence was both sharply conflicting and rather slim on both of these points, the findings of fact by the District Court cannot be said to be plainly wrong on this record and will, therefore, not be disturbed by this Court.

Reversed.

1

. Even if the word “recommendation” had acquired a localized, albeit unusual, secondary meaning in the academic community at Salve Regina College, the record is barren of any evidence suggesting, much less proving, that plaintiff relied on such a meaning to her detriment in determining her course of action.