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Author:  Ralph Gerstein.; Lois Gerstein.


Source: Volume 17, Number 04, Summer 2016 , pp.73-82(10)




Campus Safety & Student Development

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Abstract: 

The editors review recent court decisions and regulatory rulings directly affecting college and university administration, discipline, and safety. Cases include Rex v. West Virginia Sch. of Osteopathic Medicine, in which a female student alleges that a fellow student drugged and raped her at an off-campus party after which the school failed to conduct adequate investigation into the plaintiff’s allegations or to send her to a testing facility where her suspicions, if valid, could be confirmed. An injunction against explusion is sought by a male student accused of sexual misconduct while on a study abroad program, where the explusion would cause the rising college senior to not graduate and subsequently lose a job in Doe v. Middlebury College. In a Missouri court a second round in a running battle a group of students and a university regarding mandatory drug testing of students enrolled in vocational programs that have significant safety issues is upheld in Kittle-Aikeley v. Claycomb. Valuable lessons for universities in terms of drafting of disciplinary codes can be gleened from Yeasin v. Univ. of Kansas when looking to exercise jurisdiction in cases of off-campus sexual misconduct. After a devastating illness a student seeks to return to playing football but the team physician feels it is not safe for him to play in Class v. Towson University. Project Know publishes a report regarding drug- and alcohol related arrests and college disciplinary actions among students. Abazari v. Rosalind Franklin University of Medicine and Science is a lawsuit brought by a graduate who was unable to obtain placement in a residency program due to an undisclosed shortage of residencies. Allegedly misleading employment statistics have law graduates continuing to pursue their suit in Harnish v. Widener University.

Keywords: Title IX; Jennings v. Univ. of North Carolina; “de novo” investigation; Barrett v. Claycomb; sanctions against off-campus offender; Americans with Disabilities Act; accommodation constituting an unreasonable burden; Clery Act

Affiliations:  1: Editor; 2: Editor.

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