ERIC Number: ED473329
Record Type: Non-Journal
Publication Date: 2002-Nov
Reference Count: N/A
Safety on Campus: Whose Responsibility?
Cloud, Robert C.
This paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It addresses postsecondary campus safety. It discusses the changes in the concept of in loco parentis on college campuses; the Crime Awareness and Campus Security Act of 1990; and legal principles applicable to campus safety. The paper also provides brief analyses of 23 federal and state court cases related to campus safety and security issues and arrives at the following conclusions: (1) Postsecondary institutions are not normally responsible for the conduct or the safety of their students; (2) as "business invitees" to the campus, students are entitled to a reasonable duty of care from the institution; (3) when the incident that causes harm is foreseeable, the institution can be held liable; (4) employee negligence renders the institution liable for damages; (5) postsecondary institutions have a reasonable duty to protect students and employees from criminal acts; (6) the relationship between college administrators and students normally does not meet the legal definition of a "special relationship." The paper concludes with a list of 11 recommendations to help ensure safety on college and university campuses. (Contains 15 references.) (WFA)
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Audience: Administrators; Policymakers; Practitioners
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Crime Awareness and Campus Security Act 1990