ERIC Number: ED213355
Record Type: RIE
Publication Date: 1982-Jan-24
Reference Count: 0
Legal Factors Related to Access to Campuses of Public Colleges and Universities: An Occasional Paper.
Lytle, Michael A.
Legal methods and related case law that can be used by public higher education administrators to deal with intrusions by outsiders onto the campus are examined. The following legal factors related to control of campus access are addressed: risk management, police power, general trespass, school related trespass/loitering statutes, First and Fourteenth Amendment Issues, and the injunction. Part of the risk appraisal process is reviewing the realities, dangers, and liabilities of community access to public college and university campuses. Another process of the risk management concept is the inventory and subsequent development of means or countermeasures that can be focused on the appraised risks. Most of the rationale for protection of the campus is based on the statutory and constitutional authority of the state to protect the health, welfare, and safety of its citizens. The use of criminal trespass statutes in enforcing problems on campuses has met with varying successes. Most attacks, through litigation and judicial review, on cases of criminal trespass have been based on the grounds of lack of specificity of statutes. The First Amendment is the greatest operating doctrine affecting the issue of access control to public campuses. Seven suggestions for administrators are discussed: (1) practice risk management; (2) make effective use of counsel; (3) incorporate the attorney into the management team; (4) utilize a variety of legal resources; (5) examine significant legal decisions and issues related to campus access; (6) ensure counsel in using effective internal management practices; and (7) examine alternate models for legal service delivery. (SW)
Publication Type: Opinion Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers: Access to Facilities