Institutional Liability

2046 Words5 Pages
bulb-icon

Recommended: Arguments about the first amendment

Classroom learning at a college or university is only one small part of attending college. One of the most important ways a student can learn important skills and lessons is by participating in some sort of campus club, organization, or team. “Involvement in student activities is positively related to student retention and to personal success after graduation” (Barrow & Martin, 1996, p. 63). However, for college administrators and legal counsels, these activities can present them with a multitude of legal challenges and issues. The two major legal issues faced by college and university administrators and lawyers is “the potential for institutions to be held liable for the actions of affiliated student organizations,” including “injuries sustained by students while participating in co-curricular activities” and respecting the constitutional rights of their students, especially when it comes to the First Amendment (Barrow & Martin, 1996, p. 63). The freedom of assembly and the freedom of speech are the two most often litigated portions of the First Amendment when it comes to students who institute legal action against their school. According to Kaplin and Lee (2007), the majority of legal cases where the verdicts were against colleges and universities, were ones where the school did not do enough to protect the student against harm, or did not properly anticipate liability issues. In order to prevent this, it is imperative that colleges and universities construct clear codes of conduct with which their student organizations must comply. If organizations refuse to adhere to these codes, an institution can “decline to recognize or limit the recognition of” the organization, resulting in decreased or no funding (Kaplin & Lee... ... middle of paper ... ...l., 408 U.S. 169 (1972). Retrieved from http://supreme.justia. com/cases/federal/us/408/169/case.html Kaplin, W. & Lee, B. (2007). The Law of Higher Education (4th ed.). Jossey-Bass: San Francisco, CA. Leaving religious students speechless: Public university antidiscrimination policies and religious student organizations. (2005). Harvard Law Review, 118(8), 2882-2904. Retrieved from http://ehis.ebscohost.com/eds/detail?vid=2&sid=d79271fa-547f-4ba2-807b- 09b4c5f41a5e%40sessionmgr198&hid=116&bdata=JnNpdGU9ZWRzLWxpdmU%3d#d b=bth&AN=17385791 Rosenberger v. Rector and Visitors of the University of Virginia, 515 U.S. 819, 1995. Retrieved from http://supreme.justia.com/cases/federal/us/515/819/case.html Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 1969. Retrieved from http://supreme.justia.com/cases/federal/us/393/503/case.html

Show More
Related

  • Dilemmas In Dawn Mackeen's 'Creeps On Campus'

    1079 Words  | 3 Pages

    Do universities have the right to deny admission to students based on their criminal or moral history? This was the dilemma in the case of a certain David Cash, a student at UC Berkeley who witnessed his best-friend rape and murder a seven year old girl and did not report the crime to authorities. A great example that provides input to this dilemma can be found through Dawn MacKeen’s essay, “Creeps on Campus”, which tells about Cash’s struggle to attend school and MacKeen’s own personal standpoint on the rights universities should have. It can be argued by some of Cash’s critics that although he broke no law, Cash’s mere lack of moral responsibility during the tragedy that occurred was enough to prevent him from attending UC Berkeley. As many of his critics claim that a person

    Read More

  • Board Of Education V. Foster Case Study

    1133 Words  | 3 Pages

    Fraser (1986). During a student assembly, Senior, Matthew Fraser gave a campaign speech to elect his friend to student government. Fraser’s speech was rife with sexual innuendo. Consequently he was suspended and his name removed from the list of possible graduation speakers—he was second in his class at the time. In this case, the Court established that there is a monumental difference between the First Amendment protection of expression for “dealing with a major issue of public policy and the lewdness of Fraser’s speech” (“Key Supreme Court Cases,” 2015). Comparatively, Foster’s high school points out that there is a monumental difference between Foster’s desire to express his individuality and impress girls, and the school’s desire to regulate the serious public concern of gang activity within the school. Indeed, in the petitioner’s application of Tinkering and Chalifoux court cases, the defense notes, in both First Amendment cases the students were addressing a major public issue—political and religion statements. Foster’s message of individuality, however, decidedly lacked a message that would safeguard his First Amendment

    Read More

  • First Amendment and the Constitutional Freedoms in Amercan Schools

    1264 Words  | 3 Pages

    The First Amendment, usually equated with freedom of speech, affords five protections: Establishment Clause, Free exercise of religion, Freedom of speech, Freedom of press, and Freedom to peaceable assemble. Students (and student groups) in public colleges and universities enjoy full protection under the First Amendment; however, this right depends greatly on the context in which a student might raise a free speech claim. Once an institution creates a limited public forum for a student or group, administration cannot deny recognition to particular student or groups based on viewpoints. Given the great freedom students are afforded, the freedom is not absolute. The courts have allowed administrators to place reasonable restrictions on location, time, and manner of students and groups. In Tinker v. Des Moines, the court made it clear that, students do not “… shed their constitutional rights when they enter the schoolhouse door." To strengthen the importance of free speech on campus the court said, in Shelton v. Tucker “The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American Schools.” These rights allow students to be able to take courses in a wide variety of subject matter, which may include topics often considered controversial. Moreover, student must have the ability to explore and discuss those topics without fear censorship or retaliation.

    Read More

  • The Pros And Cons Of Sexual Assault

    851 Words  | 2 Pages

    Life has so many exciting events that happen, from birth to having a family and one of those events is going to college. High school students prepare everything to be accepted by their dream college. In college, there are many opportunities and excitement,. But with all happiness, there’s always a negative to coincide. A very big problem that is rampant among big college campuses is sexual assault. One in five women will be sexually assaulted while attending college and yet sixty-one percent of cases are unreported. Why is that? How come so few are heard? The reason why most on campus sexual assault cases go unheard or unreported is because the college or university has their attention focused on income rather than the well-being of their own students. This is coupled with the fact that

    Read More

  • Research Paper on Affirmitive Action

    2098 Words  | 5 Pages

    “Gratz v. Bollinger.” The Oyez Project at IIT Chicago-Kent College of Law. 02 January 2014. .

    Read More

  • adfs

    1787 Words  | 4 Pages

    In the beginning, the student movement was largely influenced by the non-violence aspect of the Civil Rights movement. Colleges and universities, at that time, had a view of “In Loco Parentis” ; which means, in place of parents or in other words, the faculty and staff acted as the parents. At University of California-Berkeley , the students were frustrated with having their freedoms restricted; therefore, they started protesting. In the beginning, the University officials took away ...

    Read More

  • Essay On Des Moines Independent Community Schools

    579 Words  | 2 Pages

    Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.

    Read More

  • affirmative action

    1823 Words  | 4 Pages

    Gose, Ben, and Schmidt, Peter. “Ruling Against Affirmative Action Could Alter Legal           Debate and Admissions Practices.” Chronicle of Higher Education. (2001): 36.

    Read More

  • The False Claims Act

    787 Words  | 2 Pages

    ...sed a code of conduct entitled the Standards of Responsible Conduct and Transparency with the purpose of addressing major concerns (Fain, 2011; The Foundation For Educational Success, 2011). The issues that were primarily discussed were banning enrollment-based incentive pay and the disclosure to students of information about ‘transferability of credit and loan counseling’ (The Foundation For Educational Success, 2011). Institutions failing the annual review will lose their "good standing" (2011). Fain (2011) said that there were no public, economic, or organizational penalties associated with failure to comply other than removal from the Foundation’s protective website. Presently, the prominent for-profit educational groups have not signed the code of conduct and only 17 percent of for-profit institutions have agreed to the standards and their enforcement (2011).

    Read More

  • Class Based Affirmative Action

    866 Words  | 2 Pages

    ...rmative Action And Higher Education." San Diego Law Review 50.2 (2013): 441-467. Academic Search Complete. Web. 30 Mar. 2014.

    Read More

  • Sexual Assault And Fraternities Analysis

    113 Words  | 1 Pages

    Carone writes about the nature and lifestyle of fraternities and describes the direct relationship between sexual assault and fraternities. Taking a more fact-based route about the realities of life on campus, Carone makes points and gives reason as to why fraternities contribute to sexual assault. Carone mentions that sexual assault is not something new, but that most cases are never investigated due to the ignorance of school authorities. Many schools would rather not get involved with sexual assault and will take steps to ensure that their name is not damaged. Carone concludes that schools should take wiser steps towards the prevention of sexual assault happening in fraternities instead of turning a blind eye.

    Read More

  • Fraternities And Sororities Case Study

    565 Words  | 2 Pages

    Colleges and Universities play a major role in developing the behavioral patterns of young adults. In addition to developing young minds, colleges help to cultivate character, responsibility, and social acceptable behavior. Students who attend Carlford have expressed their dissent with the current environment of the university. Because of these underling issues, Carlford’s retention rates amongst minorities have suffered. If Kirsten is unable to handle the situation, there will be a trickledown effect to all areas of the university. Being a new professional in the field of Higher Education can be challenge. There are times where an incident directly affects your position and there are other times where there issues that affect the entire institution. Because the issue directly pertains to Greek Life, the Coordinator of Fraternities and Sororities has the responsibility of identifying the concerns and implementing initiatives that will allow the college to be proactive in future situations of this nature.

    Read More

  • Athletics Vs. Academics

    2330 Words  | 5 Pages

    The students that were accepted solely on athletic abilities additionally counteract the university purpose by occupying valuable student spaces of enrollment. At Penn State University i...

    Read More

  • Fraternities and Why They are Misunderstood

    4581 Words  | 10 Pages

    Fraternities have been a major part of student life at universities all over the world since the beginning of the 20th century. For many students they have offered an improvement in social life, more friends, opportunities for athletics, and a great sense of brotherhood. Unfortunately, since their beginning fraternities have been questioned about their activities. Many people today think that they subject their members to harmful acts better known as "hazing." Massachusetts General law defines hazing as:

    Read More

  • The Importance of Extracurricular Activities

    964 Words  | 2 Pages

    O’brien, Eileen, and Mary Rollefson. “Extracurricular Participation and Student Engagement.” Extracurricular Participation and Student Engagement.U.S. Department of Education, June 1995. Web. 06 Feb. 2014.

    Read More

More about Institutional Liability

Open Document