12/06/2026
Duty of Care Universities Owe Their Students: A Legal Perspective
Universities are not merely centres of learning; they also bear important responsibilities toward the students entrusted to their care. One of these responsibilities is the duty of care—a legal and ethical obligation requiring universities to act reasonably and responsibly in matters affecting students’ academic progress, welfare, and overall educational experience.
In simple terms, a duty of care requires an institution to take reasonable steps to prevent foreseeable harm to those under its authority. Within the university environment, this means that students are entitled to expect fair treatment, proper academic support, transparent decision-making, and protection from avoidable harm, whether academic, psychological, or procedural.
Historically, courts were often reluctant to define the student-university relationship strictly in contractual or tortious terms. However, modern legal developments across common law jurisdictions—including the United Kingdom, Australia, and increasingly Nigeria—have demonstrated a growing willingness to recognize that universities owe enforceable duties of care to their students in both academic and welfare-related matters.
Academic Duty of Care
A university’s foremost responsibility is to provide a sound academic environment. This includes:
* Ensuring that teaching staff are qualified, competent, and capable of supporting students’ academic development;
* Providing effective supervision where required;
* Establishing fair and transparent assessment systems;
* Communicating clear marking criteria and progression requirements;
* Providing accurate information regarding courses, programmes, and academic expectations;
* Making academic decisions fairly and without bias, discrimination, or arbitrariness; and
* Addressing allegations of academic misconduct in accordance with due process and established regulations.
Students are entitled to expect that academic decisions affecting their future will be made fairly, consistently, and in accordance with published rules.
Administrative and Procedural Duty of Care
Universities also have administrative obligations toward their students. These include:
* Maintaining accurate student records;
* Processing applications, appeals, complaints, and petitions within reasonable timeframes;
* Ensuring that institutional policies are accessible, clear, and consistently applied; and
* Conducting disciplinary and administrative processes in a fair and transparent manner.
Administrative inefficiency or procedural unfairness can have significant consequences for students and may, in appropriate cases, give rise to legal challenges.
Pastoral and Welfare Duty of Care
Beyond academics and administration, universities are increasingly expected to consider the welfare implications of their decisions and actions.
Best practices across the world require institutions to:
* Provide access to counselling, disability support, and other student welfare services;
* Take reasonable steps to protect students from foreseeable harm, including harassment, discrimination, bullying, or excessive academic stress;
* Accommodate students with disabilities or health challenges through appropriate adjustments and support measures; and
* Foster a safe and inclusive learning environment.
Although welfare obligations may not always be strictly academic in nature, they are now widely recognized as an essential aspect of a university’s overall responsibility to its students.
The Nigerian Position
In Nigeria, courts have long recognized that university authorities owe obligations to their students, particularly in matters involving fairness, due process, and compliance with institutional regulations. While Nigerian courts have not always expressly described these obligations as a “duty of care” in tort, judicial decisions consistently affirm that universities must exercise their powers responsibly, fairly, and in accordance with the law.
The evolving legal landscape suggests that universities can no longer view their responsibilities narrowly. Academic institutions are expected to balance educational autonomy with accountability, ensuring that students receive not only quality education but also fair treatment and adequate protection throughout their academic journey.
As higher education continues to evolve, the concept of duty of care will remain central to defining the relationship between universities and their students, reinforcing the principle that educational institutions must act not only as centres of learning but also as responsible custodians of student welfare and academic integrity.
(Supreme Court of Nigeria in Victor v. FUTA SC/CV/819/2022 delivered on Friday, 12th December 2025)
