The State of College and University Law as the Next Decade Begins
Author: Ralph Gerstein.; Lois Gerstein .
Source: Volume 11, Number 03, Spring 2010 , pp.51-55(5)

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Abstract:
A review of recent cases determining college laws including the limits a college has in restricting demonstrations in areas it has designated as open to the general public (colleges that open an area for general public use cannot restrict the type of speech that takes place in that area), liability of colleges for criminal acts by third parties (university not liable for criminal acts perpetrated by third parties, unless prior events have created heightened foreseeability of harm), the role colleges play in protecting their students from alcohol-related injuries (mere existence of university rules regulating or prohibiting alcoholic beverages does not require university to protect students from injuries arising out of alcohol use), level of legal protection of licensed professionals working with students (licensed professionals working with students not necessarily protected by state immunity laws), liability of a university for not responding to a complaint from faculty about disruptive students (university’s failure to respond to faculty member’s complaint of severely disruptive students may lead to liability under health and safety laws), the requirement of female athletes to notify school before filing suit (aggrieved female Aahletes not required to notify university of their grievances prior to filing suit under Title IX of the Education Amendments of 1972), discretion of universities in determining fitness of student for certain programs (where a student Is enrolled in a medical program affecting the lives and safety of patients, university has wide discretion in terms of determining fitness of students), universities choice to make unrealistic statements about their security (university officials should not make unrealistic statements regarding university security, or these statements may come back later to haunt them);Keywords: Davis v. Stratton; Board of Trustees, UDC v. DiSalvo; Pawlowski v. Delta Sigma Phi; Sellers v. Rudert; Fusco v. Sonoma County Junior College District; Mansourian v. Regents, UC; Kernberg v. Univ. of Scranton; Estate of Levi Butler v. Maharishi Univer
Affiliations:
1: Co-Editor; 2: Co-Editor.