ERIC Number: ED257352
Record Type: RIE
Publication Date: 1985-Apr
Reference Count: 0
Liability and Risk Management for Continuing Education Professionals.
Cote, Lawrence S.; And Others
Areas of liability that relate to the daily practice of continuing education professionals are summarized. Areas of the law with the greatest potential for litigation involving the institution and its employees are identified, along with 16 preventive measures that protect the educational practitioner and institution from frivolous litigation yet protect clients and academic institutions. The nature or degree of risk is defined in law partially by the legal status of the institution (public or private) and the individual's personal liability (whether an act was committed as an authorized agent of the school or whether the individual is entitled to immunity). Three generic sources of liability are addressed: tort and contract liability, criminal liability, and liability that results from violation of constitutional rights (or protections) or statutory and regulatory laws. Specific topics include negligence, defamation, fraudulent misrepresentation, civil rights, and consultants' activities. It is concluded that knowledge of the consequences of negligent acts and violations of statutory protections, coupled with a formal program of risk management, can assist continuing education professionals. Appended are a glossary of legal terms and concepts and a list of selected cases and references. (SW)
Publication Type: Speeches/Meeting Papers; Reference Materials - Vocabularies/Classifications
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the National University Continuing Education Association (Louisville, KY, April 14-17, 1985).