Law in Higher Education Final Study Guide
5th Amendment
"The Right to Remain Silent"- no person shall be compelled in any criminal case to be a witness against himself.
Forsyth County, Ga. v. Nationalist Movement
"any permit scheme controlling the time, place, and manner of speech must not be based on the content of the message, must be narrowly tailored to serve a significant governmental interest, and must leave open ample alternatives for communication"
Non-Forcible Sex
(1) Incest - non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. (2) Statutory Rape - non-forcible sexual intercourse with a person who is under the statutory age of consent.
Commercial Speech Test
(1) Is speech protected under 1st amend? -must be lawful & not misleading (2)Is there substantial gov interest? (3)Does reg directly advance that gov interest? (4)Even if so, is reg more extensive than necessary to serve that interest?
What is included in an (sexual) assault victim's Bill of Rights (5 specific elements)?
(1) Survivors shall be notified of their options to notify law enforcement. (2) Accuser and accused must have the same opportunity to have others present. (3) Both parties shall be informed of the outcome of any disciplinary proceeding. (4) Survivors shall be notified of counseling services. (5) Survivors shall be notified of options for changing academic and living situations. - Applies to recipient institutions
Procedures for assessing whether there has been a free speech violation:
(1) determine whether the conduct constitutes expression (only where conduct is intended to communicate an idea is it considered expression); (2) if so, determine whether government limited or restricted the expression; (3) if so, determine whether the expression falls within one of the exempt categories for First Amendment protection (see list below); (4) if not, determine whether the Tinker test, Fora Analysis, or other appropriate test should be applied; and (5) apply the test.
Categories of expression that are proscribable on the basis of their content:
(1) falsely shouting fire in a crowded theater- (Schenck v. United States) (2) child pornography and obscenity- (New York v. Ferber) (Miller v. California) (Roth v. United State) (3) most libelous publications-(New York v. Ferber) (4) fighting words- (Chaplinsky v. New Hampshire) (5) harassment
3 Types of Public Fora
(1) traditional forum (i.e., places which by long tradition or by government fiat have been devoted to assembly and debate); strict scrutiny (2) limited public forum (i.e., property which the state has opened for use by the public as a place for expressive activity and created for a limited purpose); strict scrutiny (3) nonpublic (or closed) forum (i.e., one that is not by tradition or designation a forum for public communication); regulation of speech in a closed forum will be constitutional if it is reasonable and not an effort to suppress expression merely because public officials oppose the speaker's views.
Duty - In Proportion to Risk
(A) adequate supervision (B) proper instruction (C) maintenance of equipment (D) duty to warn students and employees of known dangers (E) duty to report child abuse
Invasion of Privacy
(A) appropriation (e.g., the use of another's name or likeness for the defendant's benefit) (B) private life given publicity (e.g., public disclosure of private facts) even when facts are true (C) placement of a person in a false light (overlaps defamation but need not rise to a level of being defamatory—being highly offensive to a reasonable person will suffice) e.g., placing plaintiff's name on a list of supporters for a controversial group (D) intrusion upon seclusion (e.g., unwelcome entry to another's home; electronic surveillance, examination of private papers)
Arbitrary
(adj.) unreasonable; based on one's wishes or whims without regard for reason or fairness
Respondeat Superior
- "Let the master answer" an employer is vicariously liable for the behavior of an employee working within his or her scope of employment - However, where the acts are intentional or found to be outside the scope of employment, and the employer was unaware of the actions, only the employee may be found liable.
Ohio Wiretapping Law
- "one-party consent" law. Ohio law makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. - Additionally, consent is not required for oral communications (e.g., in-person conversations) where the speakers does not have a reasonable expectation of privacy in the communication.
Tinker Test
- 3 prong test that allows government to set reasonable rules to regulate protest speech (1) materially disrupts the educational environment (2) causes substantial disorder (3) invades the rights of others.
Clery Act
- A consumer protection law that aims to provide transparency around campus crime policy and statistics. - Universities and colleges must disclose crime records on and around campus
FERPA (Family Educational Rights and Privacy Act)
- A federal law that regulates the management of student records and disclosure of information from those records. - Specifically, the law stipulates in part that no federal funds will be made available to an educational agency or institution [hereafter college] that has a policy of denying, or which effectively prevents, students who are or have been in attendance at such institution the right to inspect and review their educational records - Law ONLY applies to educational institutions that are recipients of federal funds
Qualifying as a Person to Whom Access is Permitted and From Whom Permission is Acquired
- At age 18 OR when the student attends an institution of postsecondary education (i.e., ALL COLLEGE STUDENTS), the student is permitted access and provides consent for others to gain access - The person requesting access must be a current or former student - Access is not required for students who have only audited courses or for those who have applied for admission, but were denied
Who is entitled to receive information under the Clery Act?
- Currently enrolled students and employees are to receive the school's annual campus security report automatically. - Prospective students and employees are provided with information about the report and entitled to request a copy. - The general public, including parents and the news media, have access to the public crime log as well.
Civil Rights Restoration Act of 1987
- Expanded title IX, section 504, title VI, and the Age Discrimination Act of 1975 to be institution wide, rather than program specific.
Due Process
- Following established legal procedures - Neither life, liberty, nor property can be deprived of anyone.
1st Amendment
- Freedom of Religion (only applies if prohibiting religious practice) - Freedom of Speech - Applicable to states through the 14th Amendment.
Directory Information
- Information contained in an education record that generally would not be considered harmful, or an invasion of privacy, if disclosed Ex: name, address, phone number, e-mail, photogragh, date and place of birth, major, grade level and enrollment status (undergraduate or graduate, full or part-time), list of activities and sports, weight and height of members of athletic teams, dates of attendance, degrees, honors, and awards received, and most recent previous educational institution attended
Organizational Recognition
- Many students seek official college recognition - Recognition may require the group to affirm its willingness to adhere to reasonable campus law, local ordinance, state law, and federal law - Groups may not interrupt classes or substantially interfere with the opportunity of other students to obtain an education; they may not incite imminent lawless action - Public colleges may not deny equal support or recognition for groups because of the content of their message, unless of course it is likely to incite imminent lawlessness or result in material and substantial disruption of the learning environment.
NCAA General and Academic Eligibility Requirements ***Must Be In Compliance***
- Must be enrolled in a full-time baccalaureate program and be in good academic standing - May be enrolled in a graduate or professional program as well - Must sign a statement to consent to drug testing and no gambling - Amateurism. Must not have taken pay or any extra unauthorized benefits for participation in the sport - Must not have engaged in unethical conduct - No use of banned drugs
Public Figures and Defamation
- Must prove actual malice - Limited Public Figure - Involuntary Public Figure
Title IX (Sports)
- No discrimination based on sex - Recipient institutions - Does not apply for any contact sports - Title IX permits single sex teams to operate
If a student has a health risk and is willing to sign a liability waiver to play. Does the university have to let the student play?
- No. If a university sports physician feels it is a danger there is no requirement to let that student play
Female who wants to play football at private university but they say no based on sex and put it in writing. Can she sue?
- No. Private university. 14th amendment doesn't apply because its private and Title IX doesn't apply because it's a contact sport
Recording Court Proceedings
- Ohio state courts generally allow the use of recording devices, but impose a number of important restrictions. Most importantly, witnesses and victims of crimes have a right to object to recording in state trial courts. - If a witness or victim objects, the court will prohibit recording. In addition, you must get the consent of the presiding judge in advance, and the judge may impose limits on the number of recording devices in the courtroom at any given time. Courts may also establish their own local rules regarding recording devices. - Federal courts in Ohio, at both the trial and appellate level, prohibit recording devices and cameras in the courtroom.
Diversion Program
- Program that substitutes classes or community service instead of fines, punishment, or jail time - Usually for minor or first-time offenses. - Upon successful completion, one's criminal record is expunged
Title IX of Education Act of 1972
- Prohibits gender discrimination in education programs receiving federal funding - Applies to recipients of federal financial assistance only (public or private) - Neither religious, private, or public institution, that have always admitted one sex, are prohibited from discriminating in admissions on the basis of sex under this law. - Title IX protects all students from sex-based harassment, regardless of the sex of the alleged perpetrator or complainant, including when they are members of the same sex.
14th Amendment (Sports)
- Public universities - Facial Discrimination - Intermediate Scrutiny (Sex) - Allows separate but equal - Do not compare how good one students is to another, but looks at number of opportunities, coaches, facilities etc.
What Does Qualify as a Student Record?
- Records to which FERPA applies include any student-specific educational record that the institution is required to maintain by the federal or state government, or any record that college officials elect to maintain. - Disciplinary records are included as student records and therefore receive FERPA protection,
False Imprisonment
- Restraining, detaining, confining another without consent or legal justification. - It includes the act of taking a women's purse
Female who wants to play football at public recipient university but they say no based on sex and put it in writing. Can she win under Title IX? What can she sue under?
- She won't win under Title IX because it is a contact sport - She will win under the 14th amendment, they have to let her try
14th Amendment
- States in part that "[n]o [s]tate shall . . . deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." - Only applies to public institutions; NOT privates.
Organizational Rights
- Students in public universities have a First Amendment right to organize -Students in private universities often have a right to organize found in college policy
Battery
- The intentional, unwanted, and offensive or harmful touching of another person's body with the intent to cause the other to suffer the contact - Actual harm is not necessary
Tort Liability
- The legal requirement that a person responsible, or at fault, shall pay for the damages and injuries caused - ALL ABOUT THE MONEY
Seasons of Competition: 5 years/10 semesters or 4 years after 21 y/o
- The student-athlete shall not engage in more than four seasons of intercollegiate competition in any one sport - The time starts once a student athlete enrolls for full-time collegiate course load - Any participation as an individual or a team representative in organized sports competition by a student during each 12-month period after the student's 21st birthday and prior to full-time enrollment in a collegiate institution shall count as one year of varsity competition in that sport.
Private Right of Action v. Complaint Procedure
- There is no private right of action under FERPA (i.e., a student lacks standing to bring suit under this law). Moreover, a student may not file suit under §1983 to claim a FERPA violation - However, a student may file a complaint with the Family Policy Compliance Office (FPCO) in the United States Department of Education. - A 180-day statute of limitations generally applies for filing complaints. The limitations period begins on the date the violation allegedly occurred or when the student knew or reasonably should have known of the violation - There is no actual hearing when FERPA-based complaints are filed. Instead, FPCO notifies the college of the allegations and requests a written response. It then investigates the complaint, determines whether an infraction has occurred, and notifies the parties of its decision, including instructions on how to rectify the situation if the allegation is supported
What Does Not Qualify as a Student Record?
- Those that are prepared at the discretion of educators and administrators and are kept in the sole possession of the originator and revealed to no one other than a temporary substitute teacher; - Law enforcement records maintained by college commissioned police officers or college noncommissioned security guards - employment records (does not include work-study records); - health records made by a physician, psychiatrist, psychologist, or other professional or paraprofessional that are disclosed only to individuals providing treatment; - alumni records (e.g., records used to identify successful graduates who might be interested in providing financial support, internships for current students, etc.); - Test scores before they are recorded in the professor's grade book or placed in official college records Also, colleges need not provide access to the following: - financial records submitted by parents - "waived" recommendations and confidential letters
Assault
- Threat or attempt to injure - Plaintiff must prove intent
Qualifying as an Institution to Which Funds Have Been Made Available
- To qualify as an educational agency or institution to which funds have been made available, the college needs to receive a grant, cooperative agreement, contract, subgrant, or subcontract from the Department of Education. - Contracts and subcontracts will qualify an institution as a recipient under FERPA; that is not true of the other recipient statutes. - The college is considered an indirect recipient of funds if its students receive monetary benefits such as federal grants, loans, or work-study - If the institution receives no federal funds and students receive either no funds or only nonmonetary benefits, FERPA does not apply
Academic Dismissal
- [n] a permanent removal of student as the end result of a pattern of multiple semesters of grades below the university's standards for Good Standing - You DO NOT need to have a hearing
When can a college release records without a students permission?
- college officials (including legal counsel) with a legitimate educational interest in the file - other colleges to which the student has applied - juvenile justice authorities (although not typically an issue in higher education) - selected federal, state, and local education authorities for audit and evaluation purposes - persons needing access for financial aid purposes - educational organizations conducting studies for predictive test development purposes, the administration of student aid programs, or improving instruction - organizations for accreditation purposes - persons needing emergency access to protect the health or safety of the student or other persons (e.g., situations where a student has suffered a seizure and requires immediate medical attention, where a student is threatening suicide, or where a student has threatened immediate violence against another student or the institution). - victims of violent crime or nonforcible sex offenses (i.e., statutory rape, incest) and others (limited to records indicating the results of college disciplinary proceedings involving the alleged perpetrator) - individuals with a lawfully issued subpoena or court order, although an effort must be made to notify the student prior to the release—provides the opportunity to acquire a protective order - the court in an action against the student (either as plaintiff or defendant—theory of implied consent) - the public in the form of directory information - the student or eligible parent - the parents of an underage (below age 21) child who has violated alcohol and controlled substance policies
USA Patriot Act
- law passed due to 9/11 attacks; sought to prevent further terrorist attacks by allowing greater government access to electronic communications and other information; criticized by some as violating civil liberties - an ex parte court order that allows the collection of college records without the knowledge of the student, if believed to be relevant to an investigation or prosecution of an offense or act of terrorism
Wetterling Act
- mandates that states must require certain sex offenders to register their name and address with the state authority where the offender lives, works, or is enrolled as a student.
Legal B.A.C
0.08%
Ohio Party Laws
1. Persons under 21 years old from consuming, purchasing, or possessing alcoholic beverages (ORC 4301.69) (ORC 4301.63) 2. Giving or selling alcoholic beverages to persons under 21 years old (ORC 4301.69) 3. Having an open container of alcoholic beverage in a public place, regardless of your age. Public places are those which anyone can enter freely and include sidewalks, streets, tree lawns, some outdoor areas of apartment complexes, and inside parked or moving cars. (ORC 4301.62) 4. Using false identification to obtain alcoholic beverages (ORC 4301.636) 5. Allowing underage persons to consume alcoholic beverages on your property 6. Punishment for these first-degree misdemeanors can be up to six months in jail and/or a fine of up to $1,000.
Prima Facie Case
A case in which the plaintiff has produced sufficient evidence of his or her claim that the case will be decided for the plaintiff unless the defendant produces evidence to rebut it. - Must prove: (1) The defendant performed a particular act (2) The actor acted with intent; and (3) Causation existed between the act and the injury.
Overbroad
A law regulating speech will be deemed overbroad if it sweeps within its ambit a substantial amount of protected speech along with that which it may legitimately regulate - Prohibiting more than fighting words
Compensatory Damages
A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.
Negligent Hiring or Retention
A school board or university can be liable for negligent hiring or retention when the following are met: (1) The person who caused the injury was unfit for hiring or retention or was only fit for the position if given more supervision than was actually provided; (2) The hiring or retention was the legal cause of the injury (3) The employer knew or should have known of the employee's lack of fitness.
Intentional Tort
A tort committed by one who intends to do the act that creates the harm.
Proximate or Legal Cause
A) Did factors other than the defendant's conduct contribute to producing the harm? (B) Did the actor's conduct create a force in operation up to the time of the harm? (C) Was the defendant's conduct the legal cause of the harm, notwithstanding the lapse of time between conduct and harm?
Inherently Dangerous
Activities generally considered capable of resulting in grave danger to others and to the minor himself if the care used in the course of the activities drops below that care which the reasonable and prudent adult would use - Ex: Boxing
What is the #1 date rape drug?
Alcohol
Drug-Induced Rape Prevention and Punishment Act of 1996
Amends the Controlled Substances Act (CSA) to impose penalties of up to 20 years' imprisonment and a fine for violating CSA provisions by distributing a controlled substance to an individual without that individual's knowledge, with intent to commit a crime of violence (including rape) against such individual.
Ombudsman
An official appointed to investigate individuals' complaints against maladministration, especially that of public authorities. Students may make appointments with them if they are having any sort of dispute with the university
Aggrevated Assault
An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. - This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm
Student did not go to college and played baseball for six years and is now 24. He only has one year left to play in college, why?
Because the student was in an organized sport outside of college you only get 4 years after the age of 21.
Are LGBT and gender nonconforming students protected by federal law from bullying and harassment?
Bullying and harassment of LGBT or gender nonconforming students that is gender-based harassment—meaning harassment or bullying because a student does not conform to stereotyped notions of masculinity or femininity—is covered by Title IX.
Mental Anguish or Intentional Infliction of Emotional Distress or Tort of Outrage
Causing severe mental stress with the intent of causing another to experience shock; permits people who have been subjected to extreme and outrageous conduct (i.e., that which transcends the bounds of human decency) to sue for damage done to their peace of mind
Notice of Rights
Colleges are required to annually notify students of their rights to inspect and review records, seek amendment of records, provide consent to disclose records, and file a complaint with the Department of Education for compliance failures
Damages
Compensatory ot punitive
Christian Legal Society v. Martinez
Court ruled that the University of California Hastings College of Law could deny recognition and therefore funding to the Christian Legal Society because the group limited its membership to those who shared a common faith orientation
Elements of Negligence for Educators
Duty on the part of the actor to protect others against unreasonable risks; breach of the duty based on a standard of care that is commensurate with the risks involved.
Immunity
Exemption from duty or penalty. - Generally K-12 and university educators are immune from personal liability when acting in good faith and within the scope of their official capacities.
What Can the Student Ombuds do?
Explain institutional policies and procedures, advice students regarding courses of action, refer students to the right person or office, facilitate communication, mediate when appropriate, follow up to make sure concerns are resolved, and recommend change that will make the institution responsive to student's rights and needs.
Riot
Five or more persons engaged in disorderly conduct
Rumsfeld v. Forum for Academic and Institutional
Freedom of Speech | Solomon Amendment Solomon Amendment stipulated schools would lose Federal Funds if they did not grant military recruiters equal access to resources as other recruiters. This law was upheld by the Supreme Court
Accident
Happening by chance or unexpectedly; taking place not according to the usual course of things.
Applicability of the 5th Amendment in a Conduct Hearing
If the act is not potentially criminal, or we know that there will not be a prosecution, there is absolutely no applicability of the 5th Amendment.
Hierarchy Rule
In a multiple-offense incident, only the most serious crime is counted.
Hustler Magazine v. Falwell (1988)
Intentional infliction of emotional distress was permissible First Amendment speech--so long as such speech was about a public official, and could not reasonably be construed to state actual facts about its subject
Aggravated Riot
It is considered "aggravated" if violence is involved
Tort
Legal injury or wrong committed upon the person or property of another independent of contract.
Foreseeability
Limits liability of a party for the consequences of his acts to consequences that are within the scope of a foreseeable risk; risks a person of ordinary prudence would reasonably expect might occur
Punitive Damages
Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.
NCAA
National Collegiate Athletic Association
Does someone have to be convicted of a crime before it is reportable under the Clery Act?
No. Crimes are counted when they are reported regardless of prosecution.
College hockey player has been injured and will have mobility challenges. He now will have issues with work and finishing his course load. Student wants to collect worker's comp. Does he win?
No. The student is not an employee.
General Intent
Occurs when the actor knows with substantial certainty that certain consequences will result, but did not necessarily intend the consequences.
Specific Intent
Occurs when the defendant intended the consequences of his conduct
Good Samaritan
Ohio law that states, "No person shall be liable in civil damages for administering emergency care or treatment at the scene of an emergency outside of a hospital, doctor's office, or other place having proper medical equipment, for acts performed at the scene of such emergency, unless such acts constitute willful or wanton misconduct
Tresspasser
One who enters private property of another for his own purposes and convenience and without invitation. Generally, the duty owed to a trespasser is to refrain from willful or wanton misconduct
Invitee
One who enters the premises in answer to an express or implied invitation by the owner. - The owner owes the invitee a duty of exercising reasonable care for his or her safety commensurate with the circumstances involved and the age and capacity of the invitee. However, where an invitee voluntarily exposes himself to a hazard, the owner or occupier will not be an insurer of the invitee's safety since an invitee is required to exercise some degree of care for his own safety.
Licensee
One whose entry or use of the premises is either expressly or impliedly permitted by the owner but who has not been invited (e.g., persons soliciting money for charity; those who come to borrow tools). - The owner owes the licensee only a duty to abstain from injuring him wantonly or willfully. The obligation is higher than that owed to a trespasser, because the possessor may be required to look out for licensees before their presence is discovered. A licensee's presence upon the land is solely for his or her own purposes, in which the owner or one in possession of the land has no interest, and to whom the privilege of entering is extended as a mere personal accommodation to the individual.
What if a student is beaten, robbed, and sexually assaulted, does this event count as 3 or 1 violation when reporting crime statistics?
Refer to the Hierarchy Rule
Underinclusiveness limitation to the First Amendment.
Requires absolutism whereby within a particular proscribable category of expression, a government must either proscribe all speech or no speech at all. - Penalizing fighting words related to race, sex, etc. but you don't include words about ones mother or apperance
Defamation of Character
Scandalous words written or spoken that tend to injure the reputation of another (libel defamation by printed or written communication; slander defamation by spoken word). - A false statement about the plaintiff - That statement caused harm to the plaintiff's reputation or standing - Publication - Clear Reference - Standard of Fault (Actual Malice) - Negligence must be shown - Immunity & Privilege (absolute v.s. qualified) - Burden of Proof - the pendant must prove that the allegations are true - Greater cost than benefit
Nuisance Statutes
School districts, colleges, and universities should not maintain a nuisance or an otherwise attractive area that is potentially dangerous.
Safe Place Statutes
School, college, and university buildings and grounds should be safe for frequenters. - To prevail, a plaintiff bears the burden of proof and must prove by a preponderance of the evidence that the building or grounds were not safe and that defendant had notice of such condition but failed to warn.
Texas v. Johnson (1989)
Struck down Texas law that banned flag burning, which is a protected form of symbolic speech.
If a student wanted to play on a women's volleyball team and is one of the top 10 players. What law can he sue under.
Student could not sue. Theres not a history of discrimination of men in sports
Robbery
Taking someone's property by threat or force
McCarthy v. Arndstein
The 5th Amendment not only protects criminal defendants, but also gives anyone the right not to answer official questions in any civil proceeding, formal or informal, where the answers to the questions might incriminate them in future criminal proceedings
Standard of Care
The degree of care that a reasonably prudent person should exercise under the same or similar circumstances
Cheating
The effort to acquire something of value through deceit, fraud, or trickery.
Contributory Negligence
The failure of the injured party to exercise due care for his own safety. - The common law rule is that one guilty of contributory negligence is barred from recovery and the defendant is relieved from all liability for the injury.
Fraud
The intentional perversion of the truth for the purpose of inducing another person or other entity in reliance upon it to part with something of value or to surrender a legal right
Unintentional Tort or Negligence
The omission of an act that a reasonable person, guided by those considerations that ordinarily regulate human affairs, would do; the doing of something that a reasonable and prudent person would not do. (i.e., there is no intent to injure).
Double Jeopardy
The prosecution of a person twice for the same offense. - It has no applicability to a college proceeding
Plagarism
The representation of another's work as one's own. It may be either intentional or occur as a result of ignorance or carelessness.
Freedom to Association
The right to join with others, share ideas, and work toward a common purpose; It qualifies as an "implied" right and is based on the freedom to speak and the freedom to assemble.
Burglary
The unlawful entry of a structure to commit a felony or theft
Vagrancy
The violation of a court order, regulation, ordinance, or law requiring withdrawal of persons from the streets or other specified areas
Larceny
Theft
Public Forum Analysis
This is used when College sponsorship is an issue, when access to facilities has been requested, or when promotion of particular speech is sought
Statute of Limitation
Time limit within which a party may take action to enforce rights. Most tort claims must be filed within two years of occurrence. - Time limits do not begin for a minor until the minor reaches age 18. At that time, the now adult party has two years to file a related suit. - Also, if a person is temporarily of unsound mind, such time period does not contribute to the limitations period
Primary goal of the Office of the Student Ombuds
To provide students confidential consultation in assisting with the possible resolution of any university-related concern, grievance, or appeal.
Indemnification
To save harmless; the insured is restored to his or her approximate financial position prior to the occurrence of the loss
Who enforces the Jeanne Clery Act and what are the penalties for noncompliance?
United States Department of Education is charged with enforcing the Clery Act and may level civil penalties against institutions of higher education up to $27,500 per violation or may suspend them from participating in federal student financial aid programs.
Widmar v. Vincent (1981)
University that makes its facilities generally available to registered students for activities cannot close them to groups desiring use for religious activities. (allow one...you must allow all)
Assumption of risk
Voluntarily exposing of self or property to a known danger, therefore barring recovery for injuries sustained. - This assumption relates only to those hazards and risks normally associated with the activity in question. - One does not assume the risk of negligence by others.
Comparative Negligence
Where negligence of two or more parties is concurrent and contributes to the injury; however, plaintiff's damages are diminished proportionately to reflect his or her degree of fault.
Do school officials other than law enforcement have reporting obligations under the Clery Act?
Yes, they do. All institutional officials with significant responsibility for campus and student activities have reporting obligations under the Clery Act. Faculty who serve as advisors to student groups, coaches, and staff involved in student affairs are all included in this group. - Only professional mental health and pastoral counselors are exempt from reporting.
If a student reports something to me in confidence, do I still need to report the incident?
Yes. Any incident that falls into a Clery Act category must be reported, however you may choose to report the incident without revealing the identity of the victim.
Fighting Words
those which by their very utterance inflict injury or tend to incite an immediate breach of the peace
Unconstitutionally Vague
when "[persons] of common intelligence must necessarily guess at its meaning." - when do words go from humiliating to a fighting words
Examples of Plagiarism
• Products prepared by a paper mill or for-profit individual; • Products prepared by another student and used with or without his or her knowledge; • Verbatim portions with a reference, but no quotations; and • Content is paraphrased, but not referenced.
