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Alternative Dispute Resolution


For purposes of this policy, "Dispute" means all legal and equitable claims, demands, and controversies, of whatever nature or kind, whether in contract, tort, under statute or regulation, or some other law or theory; the application, potential enrollment, enrollment, matriculation, continued enrollment and matriculation, and graduation (or denial thereof), suspension, dismissal, expulsion, separation or any other academic, disciplinary or other action or termination of such student by Touro; any other matter related to or concerning the relationship between the student and Touro including, by way of example and without limitation, allegations of: discrimination or harassment based on race, religion, national origin, age, veteran status or disability, sex, gender, sexual orientation, retaliation, defamation, infliction of emotional distress, violation of The Americans With Disabilities Act of 1990, Sections 1981 through 1988 of Title 42 of the United States Code, The Immigration Reform and Control Act of 1986, New York State Human Rights Law, New York City Human Rights Law, or any other federal, state or local civil, Family Educational Rights and Privacy Act of 1974 (FERPA), Campus Sex Crimes Prevention Act, Title VI or Title IX of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, as amended, as well as any other law related to students, not-for-profits and higher educational institutions. Disputes do not include collections actions of tuition or other fees payable by the student and owed to Touro University.

Touro’s Alternative Dispute Resolution (“ADR”) policy was created with the intention of providing a program for the quick, fair and accessible resolution of Disputes between Touro, and Touro’s current and former students (as well as applicants) related to or arising out of a current, former or potential academic relationship with Touro. The policy provides the exclusive mechanism for the final and binding resolution of all Disputes that cannot otherwise be resolved internally through the academic and disciplinary methods described elsewhere in this handbook.

A student’s acceptance, registration, enrollment, matriculation and/or petition for graduation and matriculation at Touro acts as his or her consideration and consent to these terms.

All Disputes (as defined below) between Touro, on the one hand, and any current or former student or applicant on the other, which cannot be resolved internally, shall first be submitted to non-binding mediation (the “Mandatory Mediation”).  The Mandatory Mediation shall be conducted by a neutral mediator selected at Touro’s sole discretion.  Touro shall be responsible for paying 50% of the costs associated with the Mandatory Mediation.  The student shall be responsible for paying 50% of the costs associated with the Mandatory Mediation.  Touro and the student shall each be responsible for paying their own respective attorney’s fees (if any) incurred in conjunction with the Mandatory Mediation.

If upon completion of the Mandatory Mediation all or any part of the Dispute is still unresolved, the remaining Dispute shall proceed to binding arbitration (the “Mandatory Arbitration”), as described below.

In accordance with the Federal Arbitration Act and to the extent not inconsistent with the primacy of federal law, all Disputes remaining after completion of the Mandatory Mediation shall be exclusively conducted and heard by a single arbitrator, affiliated with JAMS or another reputable ADR organization, who shall be an attorney or judge.  The arbitrator and location of the Mandatory Arbitration shall be selected at Touro’s sole discretion.  Touro shall be responsible for paying 50% of the costs associated with the Mandatory Arbitration.  The student shall be responsible for paying 50% of the costs associated with the Mandatory Arbitration.  Touro and the student shall each be responsible for paying their own respective attorney’s fees (if any) incurred in conjunction with the Mandatory Arbitration.  The results of the Mandatory Arbitration shall be binding and final. 

The Mandatory Mediation and Mandatory Arbitration of any claims by a student or applicant as part of a Dispute shall be limited to his or her individual claims. The student or applicant shall not assert, prosecute, or obtain relief on, and expressly waives, any and all class, collective or representative claims which purport to seek relief on behalf of other persons. Any judgment upon the award rendered by the arbitrator shall be final and non-appealable, and may be entered in any court of competent jurisdiction.

If any provision of this ADR policy is determined by any arbitrator or court of competent jurisdiction to be invalid or unenforceable, said provision shall be modified to the minimum extent necessary to render it valid and enforceable, or if modification is not possible, the provision shall be severed from the policy, and the remaining provisions shall remain in full force and effect, and shall be liberally construed so as to effectuate the purpose and intent of the policy.

For the avoidance of doubt, this policy prohibits a student or applicant from filing or prosecuting any Dispute through a civil action in court before a judge or jury involving any Dispute.  The student’s acceptance, registration, enrollment, matriculation and/or petition for graduation and matriculation at Touro acts as a knowing and voluntary waiver by the student of the student’s right to seek judicial relief in any manner inconsistent with this policy.

ADR Procedures

To initiate ADR, the student or applicant must send a written demand for ADR to the Office of Institutional Compliance (“OIC”). The demand shall set forth a statement of the facts relating to the Dispute, including any alleged act(s) or omission(s) at issue; the names of all person(s) involved in the Dispute; the amount in controversy, if any; and the remedy sought. The demand must be received by the OIC within the time period prescribed by the earlier of Touro policy or the statute of limitations applicable to the claims(s) alleged in the demand. If a student or applicant fails to file a request for ADR with Touro within the required time frame, the Dispute will be conclusively resolved against the student or applicant without any right to appeal same.

Within thirty (30) days of receiving such demand, or as soon as possible thereafter, if Touro and the student/applicant are unable to resolve the Dispute informally, the Student shall indicate his/her desire to proceed to the Mandatory Mediation.  As described above, to the extent any Dispute remains thereafter, the Dispute shall proceed to the Mandatory Arbitration.