The purpose of this study was to identify and analyze the legal duties that colleges and universities owe to their students under a theory of negligence and to recommend policies to colleges and universities within the legal framework established by the case law reviewed for this study. A traditional legal methodology was used according to the conventions of legal scholarship. The findings suggest that courts continue to exercise judicial deference to colleges and universities in decision-making that is primarily discretionary. Courts also weigh policy considerations in their analysis of specific cases. In most cases, courts require a special relationship between students and the college or university; this relationship will create a duty under which students can recover. Courts are, however, reluctant to find that such a relationship has been established. Nonetheless, student plaintiffs can prevail in some situations, especially when colleges and universities exercised a great deal of control over the students or the situation and failed to exercise reasonable care in that situation.
|Advisor:||Bean, John P.|
|Commitee:||Eckes, Suzanne, Gjerdingen, Donald H., Priest, Douglas|
|Department:||School of Education|
|School Location:||United States -- Indiana|
|Source:||DAI-A 70/02, Dissertation Abstracts International|
|Subjects:||School administration, Higher education|
|Keywords:||Curricular, Injury, Law, Liability, Off-campus programs, Students, University|
Copyright in each Dissertation and Thesis is retained by the author. All Rights Reserved
The supplemental file or files you are about to download were provided to ProQuest by the author as part of a
dissertation or thesis. The supplemental files are provided "AS IS" without warranty. ProQuest is not responsible for the
content, format or impact on the supplemental file(s) on our system. in some cases, the file type may be unknown or
may be a .exe file. We recommend caution as you open such files.
Copyright of the original materials contained in the supplemental file is retained by the author and your access to the
supplemental files is subject to the ProQuest Terms and Conditions of use.
Depending on the size of the file(s) you are downloading, the system may take some time to download them. Please be