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Handbook for Student Law for Higher Education Administrators, Third Edition


James Ottavio Castagnera

The Handbook for Student Law for Higher Education Administrators, Third Edition is a practical tool, intended for administrators dealing with students in higher education, focusing principally on four-year institutions. Addressing the ever-evolving relationship between higher education and the law, the book will provide the academic administrator with the means to knowledgably and confidently navigate the many legal threats and challenges facing colleges today. Focused on the "hot" issues in higher education today, and using examples from real cases and scenarios from many institutions, the handbook provides sample policies, checklists, and advice that administrators can apply to a wide variety of situations, both preventatively and proactively. The Handbook for Student Law for Higher Education Administrators, Third Edition is a compendium of practical knowledge and guidance, useful to all administrators dealing with the legal minefield that is higher education.

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Chapter 7: Student to Student Harassment, Discrimination, Hazing, and Violence


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For most organizations, customer-to-customer crime is not a serious loss-prevention concern. Two brawlers in a bar will probably find themselves arrested or at least evicted. Two shoppers struggling over the latest version of Play Station will likely suffer a similar fate. While the American common law may entertain a theory or two of liability, such interactions simply are not high on the list of litigation risks of most corporate counsels.

Need we say that institutions of higher learning are different in this regard? Our “customers” are our concerns in ways that only K–12 schools (and perhaps some landlords) can appreciate. When a student poses a threat to his classmates … when a fraternity harasses gays or blacks or Asians on your campus … or when new pledges are induced to binge drink … the university faces serious liability problems.

Students themselves can be held liable for the personal injuries they cause. In days of yore this statement was less solid than it is now, when 18—the age of most freshmen—is deemed to be the age of majority for most purposes. However, this chapter, as all the others, will focus on the institution’s liability for student misdeeds. ← 181 | 182 →

Student-to-Student Harassment

University Harassment Policy

All students, faculty, staff and administrators at the University have the right to expect an environment that allows them to enjoy...

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