Responses

Linda Discussion:

Higher education institutions must remain aware of the many forms of legal liability and the countless procedures that should be put into place to avoid any violations by the colleges and all representatives of the college.  Colleges must follow strict regulations and laws put into place to assure fairness and confidentiality throughout the institution.  Regulations that effect Title IV Federal Student Aid, confidentiality laws such as Family Educational Rights to Privacy Act (FERPA) and Title IX are just a few examples of important laws that weigh heavy on student affairs professionals.  College administration want to avoid violating these laws and regulations due to the devastating consequences that can occur if a college does not remain in compliance.  Failure on the part of the college to protect the institution from legal liability could result in loss of federal funding, loss of accreditation approval and tarnish the reputation of the institution (Kaplin & Lee, 2009).

Legal liability against a higher education institution can have vast consequences and impact the college tremendously, whether monetary or non-monetary, these damages can having lasting effects on the institution.  The forum most concerning to colleges is when the situation results in court litigation because according to Kaplin & Lee (2019) “Courts are the most public and thus most visible of the various dispute resolution forums.  Courts are also the most formal, involving technical matters that require extensive involvement of attorneys” (p.66). Whether the institution succeeds in defending the situation, the cost to the college is still an unplanned expense, which can have lasting results to the college.

            Many colleges will be concerned about liability during this upcoming fall semester, whether the colleges are planning to reopen completely or under a hybrid learning environment, but can the institutions be held liable if students contact COVID-19?  Can employees be forced to return to campus and risk contracting the virus, or can these employees argue the success of remote working?  I cannot help but feel that it will be difficult to force students to wear masks, self-distance, and remain on campus instead of going home on the weekends without interpreting this control as too much to abide by and enjoy their college experience.  Colleges could have students sign hold-harmless documents, but will those documents protect the college or there could be loopholes found in the process or documentation on file.  Colleges have not had to consider putting plans into effect to address pandemics, but this is another example of liability that can affect a college but not be directly related to academic delivery or negligence by the institution (McKenzie & Whitford, 2020).

Have a great week,

Linda

 

References

Kaplin, W. A., & Lee, B. A. (2009). A legal guide for student affairs professionals (2nd ed.). John Wiley & Sons.

McKenzie, L., & Whitford, E. (2020). Lawyers lay out legal issues colleges face this fall. https://www.insidehighered.com/news/2020/06/03/lawyers-explain-many-legal-issues-colleges-could-face-whether-they-reopen-or-not

 

Melvina Discussion:

In the past few decades, legal liability has dramatically changed the academic workplace and the institution's legal relationships with students and employees. As mentioned by Kaplin & Lee, higher learning institutions and their agents may encounter various forms of legal liability, but the type and extent of liability will depend on the source of the legal responsibility that the institution has failed to meet, and also on the power of the tribunal that is set to determine whether the institution has violated some legal obligation (Kaplin & Lee, 2009). Legal liability has thus made educational environment become a highly complex and regulated forum rife with chances for mistakes by the unsuspecting college team. Considering the relationship the colleges have with their students, they have to protect both the entity and the individuals involved. The California Supreme Court, in the case of The Regents of California et al. v. The Superior Court of Los Angeles County, Case No. S230568 ruled that postsecondary schools have a duty to protect students from foreseeable violent acts (Atkinson Andelson Loya Ruud & Romo, 2018). It ruled that postsecondary schools have unique relationships with their students and therefore owe a responsibility to protect them against reasonably foreseeable harm. Additionally, colleges are like "a discrete community for students," where students "are dependent on their college communities to provide structure, guidance, and a safe learning environment (Atkinson Andelson Loya Ruud & Romo, 2018). Therefore, the ruling administrators must be aware of areas most likely to result in litigation and also take prudent steps to prevent actions that may lead to legal violations. Apart from being vigilant institutions must also create a culture that promotes legal compliance and also have a legal counsel to identify and define actual or potential legal problems and provide options for resolving or preventing them. 

 

References

Atkinson Andelson Loya Ruud & Romo (2018). Postsecondary Schools Have a Duty of Care to Protect Students from Foreseeable Harm That Occurs During Curricular Activities. Retrieved from  https://www.aalrr.com/pp/alert-3488.pdf?17984

Kaplin, W. A., & Lee, B. A. (2009). A legal guide for student affairs professionals. John Wiley & Sons.