Can You Sue Your Theatre Program for Not Casting You?

by Chris Peterson, OnStage Blog Founder

Here’s a tough one: Should Bachelor of Arts theatre students be guaranteed a role in at least one production during their time in college? It sounds like a ridiculous question on its face—casting is an artistic decision, not a customer service transaction. But when you hear the story behind it, things get a little murkier.

I was recently made aware of a situation where a student has threatened legal action against their university’s theatre department. Their claim? That they were denied an equal education because they were never cast in a single production during their years in the program. Zero. Nada. Not even an ensemble role. They argue that their tuition—paid in full—was supposed to include practical, hands-on stage experience, and without it, their degree is incomplete.

Now, I know what your gut reaction is. Mine was the same: "Well, that’s theatre. Sometimes you don’t get the part." It’s a cruel but well-worn mantra in this business. Not being cast is part of the experience. Sometimes you’re just not right for the role. Sometimes it’s political. Sometimes it's unfair. And sometimes (deep breath), it’s because you're not quite ready.

But the more I thought about this student’s situation, the more I started to question what college programs actually owe BA theatre students. Because let’s be honest—there’s a big difference between saying, “There are no guarantees in this business,” and saying, “You’ll pay thousands of dollars for four years and might never actually do the thing you came here to study.”

We’re not talking about not getting cast in every show. We’re talking about never getting cast in any show.

And just to be clear, this isn’t a BFA program or conservatory where students audition for admission and are subject to regular evaluations or cut systems. This is a Bachelor of Arts program—open enrollment, no juried eliminations, and a structure that implies a broader, more inclusive approach to theatre training. Students enroll expecting to learn—not necessarily to compete against their classmates every step of the way.

Now, I’m not saying that every BA student should be handed Hamlet the moment they enroll. But in a learning environment, shouldn’t there be some baseline guarantee that each student gets to participate in the work? If the student is showing up, doing the coursework, participating in rehearsals, auditioning in good faith—is it really educationally sound to never once put them on a stage?

There’s a difference between preparing students for the reality of a competitive industry and reenacting its most toxic parts within the classroom. You can teach students how hard the business is while still offering them a safe and equitable place to grow. And growth requires opportunity.

We also have to talk about the difference between a BA and a BFA. Most BFA programs are audition-based and selective from the jump. You fight to get in, and in return, you're likely to get more focused performance opportunities. BA programs are broader, more flexible, and often non-audition based. That doesn’t mean the students are any less passionate or deserving of stage time—it just means the program has to work a little harder to be inclusive. Especially if it wants to call itself educational.

I understand the counter-arguments. Casting needs to serve the integrity of the production. Directors should have freedom to build the best possible ensemble. But in an educational setting, shouldn't the goal be to teach, not just to produce the slickest, most audience-ready show?

And here’s the other thing that keeps gnawing at me: theatre is collaborative. If someone’s been in the program for years, showing up, contributing, supporting classmates, and never once gets the chance to see themselves reflected onstage—what message does that send? That their work only matters behind the scenes? That their voice doesn’t deserve to be heard? That they somehow didn’t "earn" the right to be seen?

You can tell a student, “That’s just how it goes,” or you can look at the system and ask, “Is that how it should go?” Maybe it’s time to stop hiding behind “real-world training” and start asking what kind of real world we’re training them for. Because if the answer is a cutthroat, gatekept version of theatre where only a select few are ever deemed worthy of stage time—well, then congratulations. Mission accomplished.

But if we believe theatre should be expansive, inclusive, and humane—especially in education—then maybe we need to rethink how we structure opportunity.

Does that mean guaranteed casting? Maybe not. But it should mean guaranteed access. Guaranteed experience. Guaranteed value for the investment. Because when students graduate with thousands in debt and no performance credits, we haven't just failed them artistically—we've failed them ethically.

As for how this particular potential legal action will play out? Honestly, I have no idea. It feels completely unprecedented. I can’t think of another case like it, and I’m not even sure what kind of legal precedent it could set. But whether it winds up dismissed, settled, or somehow goes the distance, it’s shining a spotlight on something theatre programs can’t afford to ignore anymore.