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Showing 1 to 15 of 35 results Save | Export
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Hammes, Richard – Action in Teacher Education, 1989
The courts have refused to award damages to litigants claiming educational malpractice. This article discusses recurring themes in the courts' rationale for their decisions. Discussion focuses on elements of negligence: the duty of care, the breach of duty, injury and proximate cause. (IAH)
Descriptors: Court Litigation, Educational Malpractice, Educational Responsibility, Elementary Secondary Education
Hollander, Patricia A. – New Directions for Institutional Advancement, 1982
Legal issues in liability for and prevention of injuries through negligence are discussed: proving negligence, who is owed a duty of care, who may be sued, remedies, risk management (shifting risk, insurance, indemnification, waivers and releases), and preventing claims (warning of known danger, proper supervision, school maintenance, security,…
Descriptors: Campuses, College Administration, Court Litigation, Higher Education
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Rieder, Robert W.; Woodruff, William B., Jr. – NASPA Journal, 1993
Analyzes sports injury claims against colleges and universities in recent years to help administrators better understand and minimize liability risks for certain curricular and cocurricular activities. Reviews court cases in areas of duty of care and negligence and proximate cause, and discusses defenses. (Author/NB)
Descriptors: College Athletics, College Students, Court Litigation, Higher Education
Cormier, Mary-Pat – New England Journal of Higher Education, 2015
The focus of this article is liability of higher education institutions for off-campus housing. In the off-campus housing context, the "assumed duty" theory was determinative in a 2006 Delaware Supreme Court case. A student was assaulted by the boyfriend of another student in the parking lot of off-campus housing. The housing was…
Descriptors: Off Campus Facilities, College Housing, Higher Education, Risk Management
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Beckham, Joseph – Journal of Education Finance, 1979
A cause of action for educational malpractice may well receive initial judicial recognition through successfully harmonizing allegations of breach of a statutory duty of care and acts of negligence of a type and magnitude that would distinguish a student-plaintiff's injuries from others for whose benefit the statutory duty was created. (Author)
Descriptors: Court Litigation, Educational Malpractice, Elementary Secondary Education, Legal Responsibility
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Georgia Law Review, 1980
A court decision that a college cannot be held liable for furnishing alcoholic beverages for student consumption, regardless of negligence in doing so, is criticized for its implications in both individual situations and on a national scale. (Journal availability: University of Georgia School of Law, Athens, GA 30602, $5.00.) (MSE)
Descriptors: Alcoholic Beverages, Court Litigation, Higher Education, Legal Responsibility
Teague, Travis L. – 1996
This paper stresses the outdoor recreation and education professionals should understand aspects of liability, negligence, and risk management. There are four elements that must be present if a person or organization is to be considered negligent: the presence of a legal duty of care, a breach of duty, proximate cause, and actual damages. When…
Descriptors: Accident Prevention, Adventure Education, Court Litigation, Insurance
Taylor, Kelley R. – Principal Leadership, 2010
This article discusses whether school officials or districts can be held liable for student suicides. Generally speaking, there are two legal theories that underlie suicide-related lawsuits: (1) negligence--a claim that the school failed to uphold a particular duty to the student and that such failure contributed to the student's death (legally…
Descriptors: Suicide, Legal Responsibility, School Personnel, Negligence
Pinnell, Ronald L.; Pinnell, Julia M. – 1990
Teachers and coaches once held a special place in the hearts and minds of the American public; however, times have changed. Students are quick to question authority and parents are more willing to retain the services of an attorney to solve their problems. Elementary and secondary school physical education teachers are especially vulnerable…
Descriptors: Athletic Coaches, Athletics, Civil Law, Elementary Secondary Education
Dynon, John; Loynes, Chris – Journal of Adventure Education and Outdoor Leadership, 1990
Describes duties and responsibilities of outdoor instructors under British criminal and civil law. Discusses elements of negligence under civil law including damage, duty of care, standard of care, in loco parentis, students' duty of care, foreseeability, and employer's legal duty. Presents risk management in terms of primary, secondary, and…
Descriptors: Accidents, Adventure Education, Civil Law, Criminal Law
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Stokes, Jerome W. D.; Groves, Allen W. – New Directions for Higher Education, 1996
Several cases are examined in which students with criminal records, disclosed and undisclosed, were admitted to colleges and universities illustrate issues in college responsibility and liability, including duty of reasonable care in protecting other students and staff, application of standards of negligence in hiring to college admissions, risk…
Descriptors: Administrative Policy, Admission Criteria, Case Studies, College Administration
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Mawdsley, Ralph D.; Cumming, J. Joy – Education and the Law, 2008
The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have…
Descriptors: Negligence, Schools, State Courts, Foreign Countries
Ohio State Univ., Columbus. Center on Education and Training for Employment. – 1995
This document, which is designed for use in developing a tech prep competency profile for the occupation of respiratory care therapist, lists technical competencies and competency builders for 18 units pertinent to the health technologies cluster in general as well as those specific to the occupation of respiratory care therapist. The following…
Descriptors: Allied Health Occupations Education, Anatomy, Biomedical Equipment, Career Development
Shaughnessy, Mary Angela – 1991
This publication addresses issues concerning the application of the law to extended-day Catholic schools. The first chapter provides an overview of extended care. In the second chapter, sources of the law that are applied to extended care programs are described. Canon law affects Catholic schools. Catholic schools are also subject to four types of…
Descriptors: Catholic Schools, Child Abuse, Civil Law, Constitutional Law
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Brady, Michael P.; Dennis, H. Floyd – Remedial and Special Education (RASE), 1984
The paper examines elements of negligence and other legal concerns in view of the evolving trend to educate severely handicapped persons in integrated, community based settings. Duty, care, risk, and appropriate placement and instruction are discussed. Finally, recommendations for avoiding teacher liability are presented. (Author/CL)
Descriptors: Elementary Secondary Education, Legal Problems, Legal Responsibility, Severe Disabilities
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