Can a university refuse to award a degree to a student for having debts?
The University of Chile refused to award a degree to a student because of debts. Specifically, the University made the issuance of his degree conditional on the payment of the debt she owed for the payment of university fees.
The Third Chamber of the Chilean Supreme Court considered that the graduate, despite her debt, had the right to complete her degree, as this stage was part of the right to education. In addition, the Court considered that there are legal means for the university to demand payment of the debt.
The Court clarified that although there is a law that allows universities to make the process of graduation conditional on the student paying the outstanding fees, this law came into force in 2018, that is to say after the graduate had begun her studies.
Therefore, the Court considered that the law did not have retroactive effects and therefore could not be applied to the graduate.
Thus, the Chilean Court concluded that the University’s refusal to award a degree was unlawful and unconstitutional and ordered it to initiate the process of the applicant’s graduation without making it conditional on the payment of the fee due.
See Judgement Rol N° 238.354-2023 (in Spanish).
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References
Case: Judgment of 25th April 2024. Rol N° 238.354-2023. Third Chamber of the Supreme Court of Chile.
