<p>I'm going to join the lawyers with this one - don't sue. Theoretically (and this is just me - feel free to correct if you want), but there IS contract. Detrimental reliance (and unjust enrichment) are used to enforce non-contracts. Application = offer, admission letter = acceptance. Perhaps it could be construed as an option contract (because the student is not bound at that point), but, nevertheless, there is an agreement and a contract present. If she sent in a deposit, there is certainly a contract (mailbox rule). These schools will think nothing of rejecting a student who backs out of an ED agreement (and then getting other schools to follow suit). In some respects then, it makes sense for the students to play the same game with them. </p>
<p>BUT - don't sue. Her BEST hope now, IMO, is to come off as a student whom the school really, really wants. Fine to say that she is disappointed; fine to say that she was escatic at getting an acceptance. Not fine is to complain about this. "I don't want to take this to court" can, for some people, actually show some maturity. If I were her, I would write a letter to them, along with the waitlist postcard, and emphasize a few things:
*That she was thrilled to receive the acceptance letter
*That she is very interested in staying on the waitlist, that she would certainly go if admitted, and will be sending additional materials shortly (then, of course, she should gather up recs, essays, list of awards she's won since sending in app 1, etc)
*that she is disappointed in receiving the waitlist, but again, very much wants to stay on it and hopes to hear from them soon.</p>
<p>I think that this, like many problems, is ill-suited to litigation. Even at the faintest whiff of a lawsuit, the school will make sure she never gets off the waitlist. If she sues and wins, first of all, it would take 18 months, on the average, to go through the system. Then you have the problem Jonri discussed. Unfortunately, as angry and upset as the friend is, she can't let on to the school if she wants to get in. Eager, happy, well-adjusted student is the way to go. Sure, if she gets off the WL and goes there in the fall, she can blast them for what they did to her. Until then, there isn't much she can say if she wants to get in.</p>