Sullivan County Community College: Legal Risks Hidden in Ambiguous Terms & Conditions | Erayaha

## Uncovering Legal Risks in Sullivan County Community College’s Terms & Conditions

When we examined Sullivan County Community College’s legal framework, our analysis revealed several critical gaps and ambiguities that could expose the institution to substantial regulatory fines and litigation costs. In today’s regulatory environment, even minor oversights in terms and conditions can result in penalties exceeding $100,000 under FERPA, GDPR, or state consumer protection statutes. Below, we highlight four key issues and propose actionable improvements to strengthen enforceability and reduce financial risk.

1. Absence of Explicit Privacy Practices The T&C lacks any mention of how student or user data is collected, stored, or processed. This omission creates a significant compliance gap with privacy laws such as FERPA (for student records) and GDPR/CCPA (for personal data). Without clear privacy disclosures, the college risks regulatory action and class-action lawsuits, with potential fines reaching millions of dollars for non-compliance.

Legal Analysis

critical Risk

Removed

Added

[NoThe College collects, stores, and processes personal information in accordance with applicable privacy orlaws, including FERPA, GDPR, and CCPA. Details regarding data protection clause presentcollection, use, and user rights are outlined in the T&C]College’s Privacy Policy, which is incorporated by reference.

Legal Explanation

The absence of a privacy clause creates a compliance gap with major privacy regulations, risking regulatory fines and litigation. The revision explicitly references compliance and user rights, improving transparency and enforceability.

2. Missing Limitation of Liability Clause There is no language limiting the college’s liability for damages arising from use of its services or website. This exposes the institution to uncapped damages in the event of a data breach, service outage, or other incident. Litigation costs and settlements in higher education data breaches have exceeded $5 million per incident.

Legal Analysis

high Risk

Removed

Added

[No limitationTo the fullest extent permitted by law, the College shall not be liable for any indirect, incidental, consequential, or punitive damages arising from use of liability clause presentits services or website. Liability for direct damages is limited to the amount paid by the user, if any, in the T&C]preceding twelve months.

Legal Explanation

Without a limitation of liability clause, the institution is exposed to uncapped damages in the event of a breach or service failure. The revision sets reasonable limits and aligns with industry standards, reducing financial exposure.

3. Lack of Governing Law and Jurisdiction Specification The T&C fails to specify which jurisdiction’s laws govern disputes or where claims must be brought. This ambiguity can lead to costly multi-jurisdictional litigation and uncertainty in enforcement, increasing both legal costs and risk of unfavorable outcomes.

Legal Analysis

medium Risk

Removed

Added

[No governing law or jurisdiction clause presentThese Terms & Conditions shall be governed by and construed in accordance with the T&C]laws of the State of New York. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Sullivan County, New York.

Legal Explanation

Specifying governing law and jurisdiction reduces uncertainty, prevents forum shopping, and controls litigation costs. This is a standard safeguard in enforceable contracts.

4. No Termination or Modification Provisions There is no clause outlining the college’s right to modify or terminate services, or the process for notifying users of changes. This omission can lead to disputes over service continuity and obligations, potentially resulting in breach of contract claims and associated damages.

Legal Analysis

medium Risk

Removed

Added

[No termination or modification clause present inThe College reserves the Tright to modify or terminate services at any time, with reasonable notice provided to users. Changes to these Terms &C] Conditions will be communicated via the College website and will become effective upon posting.

Legal Explanation

Without a termination or modification clause, disputes can arise over service continuity and obligations. The revision clarifies rights and notification procedures, reducing breach of contract risk.

Conclusion: Proactive Legal Protection is Essential Our analysis shows that Sullivan County Community College’s current terms lack foundational legal protections, exposing the institution to regulatory fines, litigation, and reputational harm. Proactively addressing these gaps can prevent avoidable losses and ensure compliance with evolving regulations.

How often does your organization review and update its terms to address new legal risks?
Are your privacy and liability clauses robust enough to withstand regulatory scrutiny?
What would a major data breach or contract dispute cost your institution?

This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.