ERIC Number: ED273001
Record Type: RIE
Publication Date: 1986
Reference Count: 0
Minimizing Liability for the College Administrator: Female Student Protection.
Batson, Steve W.
This chapter reviews court cases and makes recommendations in light of the rising incidence of campus crimes and increased third-party litigation. There is greater awareness of gang and acquaintance rapes and a general increase in rapes, assaults, and murders. To secure compensation, women are also suing the institution on whose campus the assaut occurred. The victim must demonstrate that a "special relationship" existed between her and the third party that entitles protection. In the 1984 "Miller v. State" ruling, previous incidences in the dormitory (scene of the sexual assault) indicated that "a reasonably foreseeable likelihood of criminal intrusion" constituted a breach of university duty. The California Supreme Court stated in 1984 that in exchange for using the facilities, where they spend a significant portion of their time, students should expect safety. Erosion of governmental immunity is an issue. In "Duarte v. State," an appellate court held that the university had no immunity from liability for employees' negligence, which was at stake in a mother's suit for the rape and murder of her daughter while residing in a dormitory. Institutional administrators should be aware of potential assaults, provide adequate security and policies to discourage crime, and respond rapidly to assaults. Recommendations include prevention programs, increased security, and training for officers. (CJH)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: Administrators; Policymakers; Practitioners
Authoring Institution: N/A
Note: In: Jones, Thomas N., Ed. and Semler, Darel P., Ed. School Law Update, 1986 (EA 018 725).