ERIC Number: ED294466
Record Type: RIE
Publication Date: 1987-Nov-6
Legal Issues Affecting Faculty and Administration in Higher Education.
Peach, Larry E.; Reddick, Thomas L.
Legal aspects of college teaching and administration are discussed. The faculty and college are liable by tort law for students in three ways: intentional acts or interference, strict liability, and negligence. Intentional acts include improperly installed or dangerous equipment, while strict liability cases usually occur where fault is not specifically identifiable, such as when students hurt themselves on ice when there was no adequate protection barriers and warnings. Negligence may occur when there are student injuries without proper supervision of students by faculty members. Another type of negligence action is educational malpractice (i.e., teachers and administrators did not carry out their responsibilities to students and students did not learn what they should have). Specific concerns include proper training of graduate assistants for their responsibilities, management by faculty of health emergencies while exerting caution in administering first aid, and keeping accident reports. The use of religious materials in public classrooms is another concern, along with prayer and bible reading, free speech and expression, and the copyright law. Guidelines to avert adverse legal actions are provided. (SW)
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A
Note: Paper presented at the Annual Conference of the National Social Science Association (Orlando, FL, November 6, 1987).