ERIC Number: ED374764
Record Type: RIE
Publication Date: 1991-Jan
Crime on Campus: Analyzing and Managing the Increasing Risk of Institutional Liability. The Publication Series.
This monograph reviews a college or university's responsibility for incidents of crime occurring on its campus or in the course of its programs. Part 1 reviews the legal analyses which courts undertake in responding to claims that, under common tort law or contract theories, liability for the injuries suffered by a person ought to be shifted from the victim to the university. It examines theories and cases on duty of care in three models (college-student "special relationship," landowner-business invitee, and landlord-tenant); negligence based on foreseeability of injury risk; and breach of express or implied contract. Part 2 examines a kind of statute that makes the institution a criminal for "permitting" crime on its campus and/or creates a new per se liability protecting students and employees. Four distinct ways in which these statutes may impose liability on academic institutions are discussed: direct criminalization of university conduct, compliance as a condition of federal funding, statutorily created duty of care, and breach of contract. Part 3 catalogs ways in which institutions can reduce the incidence of crime on campus and manage the risk of liability, through education, compliance, prevention, periodic review and modification, and crisis management. (JDD)
Descriptors: Campuses, Compliance (Legal), Contracts, Court Litigation, Crime, Employer Employee Relationship, Higher Education, Legal Responsibility, Legislation, Prevention, Risk, School Responsibility, Student Rights, Torts, Victims of Crime
National Association of College and University Attorneys, One Dupont Circle, Suite 620, Washington, DC 20036 ($9.50).
Publication Type: Guides - Non-Classroom
Education Level: N/A
Audience: Administrators; Practitioners
Authoring Institution: National Association of Coll. and Univ. Attorneys, Washington, DC.