ERIC Number: ED350905
Record Type: RIE
Publication Date: 1992-Aug
Reference Count: N/A
Institutional Liability for Alcohol Consumption. A White Paper on Institutional Liability for Consumption of Alcohol and Drugs on Campus.
American Council on Education, Washington, DC.
This paper focuses on four functions common to colleges and universities that can be a source of liability when plaintiffs seek to impose on the school duties of care relating to alcohol or drug abuse: the college's limited role (1) as supervisor of student conduct; (2) as property owner; (3) as seller of alcohol; and (4) as "social host." The requirements of the Drug Free Schools and Communities Act Amendments of 1989 and special considerations that apply in the case of student drug abuse are addressed. Recent cases are evaluated to highlight the standards that courts are applying to determine whether a "duty of care" exists and the facts that have supported determinations of liability. Finally the paper discusses points that colleges and universities may wish to consider in determining whether their existing policies warrant review and revision. Specific discussions include the considerations needing to be addressed when considering meeting the Act's minimum requirements; going beyond these minimums; and the problems associated with efforts at enforcing the policy such as student rights to privacy and due process. (GLR)
Publication Type: Reports - General
Education Level: N/A
Audience: Policymakers; Administrators; Practitioners
Authoring Institution: American Council on Education, Washington, DC.
Identifiers: Proposed Legislation