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Handbook for Student Law for Higher Education Administrators

Series:

James Ottavio Castagnera

The Handbook for Student Law for Higher Education Administrators is a practical tool, intended for administrators dealing with students in higher education, focusing principally on four-year institutions. Addressing the ever-developing 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. Using examples from real cases and scenarios from different institutions, the handbook provides sample policies, checklists, and advice that administrators can apply to a wide variety of situations, both preventatively and proactively. Also included are relevant 2008-09 amendments to the Americans with Disabilities Act and the Federal Educational Rights and Privacy Act, and each chapter includes a section on the impact of the Higher Education Opportunities Act of 2008. The Handbook for Student Law for Higher Education Administrators is a compendium of practical knowledge and guidance, useful for any administrator dealing with the legal minefield that is higher education.

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Chapter 7 Student-to-Student Harassment, Discrimination, Hazing, and Violence 167

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CHAPTER 7 Student-to-Student Harassment, Discrimination, Hazing, and Violence For most organ izations, c ustomer-to-customer crime is not a se rious loss- prevention c oncern. Two brawlers i n a bar wil l pr obably fin d themselves arrested or at least evicted. Two shop pers struggl ing over the lat est version o f Play Stat ion will li kely suffer a sim ilar fate. While t he American common law may entertain a theor y or t wo of liabili ty, such i nteractions 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 frater nity harasses gays or b lacks or Asians on yo ur campus, or when new ple dges are i nduced t o binge drink, t he university fac es seri ous l iability problems. Students themselves can be held liable for the p ersonal injuries they cause. In days of yore this sta tement was less solid than it is now, when 18— the age of most freshmen—is deemed to be the age of majori ty for most purposes. How- ever, t his cha pter, as al l the others, w ill focus on the insti tution’s l iability for student misdeeds. Student-to-Student Harassment and Discrimination Federal...

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