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Over the years there have been several precedent setting legal decisions that have significantly affected how crimes are dealt with on college and university campuses across the United States. Other Court Rulings By Area Of LawLegal ArticlesOCR Issues Ruling In Harvard "Corroboration Rule" Case by Wendy Murphy (April 2003) Women: Harvard is Violating Our Civil Rights by Wendy Murphy Representing Victims of Hazing and Other Group Violence on Campus by Douglas E. Fierberg, Esq. The Clery Act and Prior Crimes Evidence: Proving Foreseeability in Campus Crime Cases by Jim Ferguson and Trisha Monroe California Supreme Court Erects Hurdles In Cases Against Colleges Regarding Negligence In Preventing Sexual Assault by Peter F. Lake Hate Crimes & Other Criminal Acts On Campus by Joel Epstein DISCLAIMER: While this page contains a discussion of general legal principles and specific laws, it is neither intended to be given as legal advice nor as the practice of law, and should not be relied upon by readers as such. Before taking any action, always check with a licensed attorney in your jurisdiction to ensure compliance with the law. |
Liability and Procedural Issues-Tigrett v. Rector & Visitors of the Univ. of Virginia Ruling by Fourth Circuit U.S. Court of Appeals that the University of Virginia did not deny due process to students disciplined by the University Judiciary Committee. Decided May 14, 2002. Anderson et al. v. Principia College U.S. District Court for the Eastern District of Missouri ruling that defendant college was not negligent in the death of a student who fell from a cliff on campus property after an alleged night of drinking. Decided December 31, 2001. Stanton v. University of Maine System Ruling by the Maine Supreme Judicial Court that "University owed a duty to reasonably warn and advise students of steps they could take to improve their personal safety." Decided June 26, 2001. Ruling by Sixth Circuit U.S. Court of Appeals that Murray State University student housing official could be sued for "intentional misrepresentation" of facts about a suspected arson in a residence hall and that the director of public safety was immune under state law from claims of liability for negligence "in the performances of his duties by failing to maintain an adequate security system." Decided February 9, 2001. Ruling by the Nebraska Supreme Court regarding foreseeability of assault on the campus of an institution of higher education. Decided August 11, 2000. U.S. Supreme Court ruling invalidating "civil remedy" protion of the federal Violence Against Women Act in case of former Virginia Tech student Christy Brzonkala seeking to sue her alleged rapists. Nova Southeastern University, Inc. v. Gross Ruling by the Florida Supreme Court that a private university may be found liable for assigning a student to an internship site which it knows to be unreasonably dangerous but gives no, or inadequate warning. Decided March 30, 2000. Schaer vs. Brandeis University Ruling by the Massachusetts Supreme Judicial Court stating that a former Brandeis University student should be not be allowed to sue the institution for allegedly mishandling the judicial process that led to his suspension on a rape charge, overturned a lower court ruling. September 25, 2000. Indiana Supreme Court ruling that fraternity owed student sexually assaulted during a party at fraternity house a "duty to take reasonable care to protect her." Decided July 12, 1999. Precedent setting Massachusetts court ruling that colleges have a duty to provide their students with security. Involved a 1977 rape of a student where the school did not provide adequate security. Deceided May 2, 1983. Dixon v. Alabama Board of Education Held that public institutions were required to afford due process rights to students prior to disciplinary action being taken. Decided in 1961. |
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