Dispute Resolution Guidelines Between Universities and Students Under Thai Law

Abstract

This research aims to investigate the causes of disputes between universities and students in Thailand, analyze relevant legal frameworks, and propose solutions based on legal principles. A qualitative research methodology was employed, focusing on key Thai laws, including the Higher Education Act B.E. 2562, the Administrative Procedure Act B.E. 2539, and the Unfair Contract Terms Act B.E. 2540. Additionally, court rulings from the Administrative Court and international best practices were examined. The findings reveal that university-student disputes can be categorized into three main types: disciplinary disputes, tuition fee conflicts, and disputes concerning student rights and freedoms. Furthermore, the current university appeal and complaint mechanisms lack transparency and independence compared to international standards. This study suggests establishing an independent Ombudsman for Education to oversee student complaints and developing an online platform to enhance the efficiency of the appeal process. Additionally, legal reforms are recommended to strengthen student rights protection and promote fair dispute resolution mechanisms.