ERIC Number: ED473373
Record Type: RIE
Publication Date: 2002-Nov
Negligent Liability Issues Involving Colleges and Students: Does an Ethic of Caring Heighten Institutional Liability?
Beckham, Joseph; Pearson, Douglas
This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002--addresses the question of how and to what extent institutions of higher learning could be held liable for negligence involving students. The paper is, mainly, a review of recent case law related to the liability of higher education institutions and asks whether current institutional policies create a heightened risk of legal liability for negligence involving students. The review looks at the following broad topics: (1) third-party assaults on students; (2) hazing activities; and (3) alcohol-related injuries. From the review, the paper concludes that judges have recognized that once higher education administrators abandoned in loco parentis supervision of adult students and recognized the students' rights to control and regulate their own lives, colleges and universities could no longer be charged with a special duty of care to supervise student activities. Clearly, the college is not an insurer of the safety of its students nor an enforcer of student morality. Nevertheless, the college has a duty to regulate and supervise foreseeable dangerous activities occurring on its property. (Contains 55 references, all court cases.) (WFA)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: In: Balancing Rights: Education Law in a Brave New World. Papers [of the] Education Law Association (ELA) Annual Conference (48th, New Orleans, LA, November 14-16, 2002); see EA 032 361.