%0 Thesis %1 fienman_tort_1986 %A Fienman, Barbara M. %D 1986 %K EDUCATION, Higher %T The tort liability of college administrators in private institutions of higher education %X The purpose of this study was to research the tort liability of colleges and their administrators through the analyses of cases that have been litigated against colleges and universities from the late 1960's through 1983. A description of more than fifty cases and an explanation of the various elements of tort law revealed the liability of student personnel professionals and private institutions of higher education. This study will be of interest to both public and private institutions and in particular to deans, housing and student activity professionals. The study concluded the following: (1) Any college or employee may be sued at any time for an allegation of negligence. (2) Private colleges are at a greater financial risk than public colleges if a negligence suit is affirmatively litigated. State institutions are often protected by Tort Claims Acts which place an upper dollar limit on the amount that can be awarded for damages in a negligence claim. (3) What the courts determine to be negligence in one part of the country may not be construed as negligence in another part. The Federal and state court systems, separate entities, are permitted autonomy in making decisions. Only those decisions made by the U.S. Supreme Court apply to the entire country thus emphasizing the need for colleges to know the law in their particular state and jurisdiction. Based on the conclusions drawn, the following recommendations were made: (1) Colleges and universities should implement detailed risk management programs on their campuses, particularly in the area of student affairs, to avoid potential law suits. (2) Colleges and the courts should reexamine the concept of in loco parentis as a model for the student/institution relationship. The research is conclusive through 1983. However, case law is an evolving process and future predictions as to how the courts will interpret the elements of negligence as they affect higher education cannot be determined.

@phdthesis{fienman_tort_1986, abstract = {The purpose of this study was to research the tort liability of colleges and their administrators through the analyses of cases that have been litigated against colleges and universities from the late 1960's through 1983. A description of more than fifty cases and an explanation of the various elements of tort law revealed the liability of student personnel professionals and private institutions of higher education. This study will be of interest to both public and private institutions and in particular to deans, housing and student activity professionals. The study concluded the following: (1) Any college or employee may be sued at any time for an allegation of negligence. (2) Private colleges are at a greater financial risk than public colleges if a negligence suit is affirmatively litigated. State institutions are often protected by Tort Claims Acts which place an upper dollar limit on the amount that can be awarded for damages in a negligence claim. (3) What the courts determine to be negligence in one part of the country may not be construed as negligence in another part. The Federal and state court systems, separate entities, are permitted autonomy in making decisions. Only those decisions made by the U.S. Supreme Court apply to the entire country thus emphasizing the need for colleges to know the law in their particular state and jurisdiction. Based on the conclusions drawn, the following recommendations were made: (1) Colleges and universities should implement detailed risk management programs on their campuses, particularly in the area of student affairs, to avoid potential law suits. (2) Colleges and the courts should reexamine the concept of in loco parentis as a model for the student/institution relationship. The research is conclusive through 1983. However, case law is an evolving process and future predictions as to how the courts will interpret the elements of negligence as they affect higher education cannot be determined.}, added-at = {2018-06-19T15:20:34.000+0200}, author = {Fienman, Barbara M.}, biburl = {https://www.bibsonomy.org/bibtex/2f2971b704e846d59170cff5204aeec4a/prophe}, interhash = {4de79f3702206f720afd7da56f61e978}, intrahash = {f2971b704e846d59170cff5204aeec4a}, keywords = {EDUCATION, Higher}, school = {Boston College}, shorttitle = {The tort liability of college administrators in private institutions of higher education}, timestamp = {2018-06-19T15:20:34.000+0200}, title = {The tort liability of college administrators in private institutions of higher education}, type = {{PhD} {Thesis}}, year = 1986 }