THE LEGAL LIMITATIONS ON STATEMENTS MADE BY ADVISORS

Academic advisors serve a useful and necessary function in higher education. The nature of the academic advisor's role requires that he or she receive and transmit information concerning advisees. In fulfilling this role, an advisor is often defined by the legal concept of “agent.” This entitles the advisor to specific legal privilege, but it also holds the advisor accountable for actions taken within the scope of his or her employment. Acting beyond this scope could be grounds for personal liability rather than liability as an agent of the college or university. This article outlines the legal parameters that define the liability of an advisor for statements made in transmitting information to or about students.