The Responsibility of University Administration Off-Campus: How far Does Liability Extend, and Under What Circumstances Does it Exist?
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educational studies
term papers
date published 03/01/2008
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level : Advanced
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Universities and colleges in the United States have long been held legally responsible for their students, even though the circumstances surrounding this responsibility have evolved over time. The basis of this responsibility lies in the concept of in loco parentis, when a university takes the place of the parent in supervision of its students. (Hirshberg, 1994) While it might seem reasonable that universities are held liable for students on the immediate campus, several cases have argued before the courts that this liability and responsibility extends to off campus situations, even when the events that transpire are not sponsored by the institution, and may even be against school policy. (Hirshberg, 1994) Daniel Graney, Director of Substance Abuse Prevention Services at the University of Rhode Island, considers McClure vs. Fairfield University to be the landmark case that extended university responsibility off campus. Graney cites this case, as well as an incident that happened at the University of Rhode Island in the early 1990s, as having a great influence on university policy. These two cases affected both the universitys policy on alcohol, as well as its desire to become more involved with the behavior of students off campus.
Table of Contents
- The concept of in loco parentis.
- The history of loco parentis.
- The case of Hartman v. Bethany College.
- The case of Donnell v. California Western School of Law.
- The case of McClure v. Fairfield University.
- Workshops by the University of Rhode Island and the Office of Substance Abuse Prevention services.
- Scholars' opinions about universities being held liable for off campus situations.
- Conclusion.
