Are there any restrictions on the types of remedies I can seek in a student defense case?
In New Jersey, there are some restrictions on the types of remedies one can seek in student defense cases. Generally speaking, remedies available in student defense cases include injunctive relief, attorney fees, costs, and/or damages. Injunctive relief, sometimes called “equitable relief”, can include ordering an educational institution to take or refrain from taking certain actions, as well as awarding a student the right to return to the institution and/or receive accommodations. Attorney fees can be awarded in certain student defense cases if the student wins the case. Costs of the litigation can also be awarded, but usually only if the student wins the case. Damages, which usually take the form of monetary compensation, are also available to some students in certain student defense cases. However, a student’s right to damages in a student defense case is heavily restricted. In most cases, damages cannot be awarded unless the school has been found to have acted with malice or in bad faith. If damages are awarded, they are usually compensatory (intended to reimburse the student for any losses suffered) rather than punitive (intended to punish the school). In general, the types of remedies available to students in student defense cases are somewhat limited. However, depending on the facts of a particular case, a student may be able to obtain injunctive relief, attorney fees, costs, and/or limited damages.
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