This chapter on liability covers a number of cases alleging negligence by colleges, universities, and university hospitals filed by patients and injured students. Liability issues are also part of defamation of character suits. Oral statements are known as slander, while written statements which defame are called libel. In certain situations,…

The "Horowitz" and "Ewing" decisions defined the rights to due process in academic matters on the public postsecondary campus. This study bring the law forward since the 1978 and 1985 Supreme Court decisions by identifying and analyzing 59 cases. (142 footnotes) (MLF)

Fourteen years ago in "Goss v. Lopez," the Supreme Court dealt with the procedural due process required when students are suspended for 10 days or less. Examines how case law has developed in lower federal and state courts from this decision. (MLF)

In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…

Investigates the expansion of student due process rights and the discipline issues resolved by the United States Supreme Court. Considers lower court interpretations of these decisions and issues currently being raised. Suggests that legal cases which have nothing to do with discipline have affected the way school personnel view discipline.…

Whether or not a provision of the 1978 Amendments to the Age Discrimination in Employment Act of 1967 should be applied retroactively is discussed, with reference to results of recent court litigation. Available from University of Illinois, College of Law, Law Building, Champaign, IL 61820; $3.50. (MSE)

A judicial decision on issues raised by state diploma denial found that competency testing of Florida's high school students as a graduation requirement violated due process by not providing students with adequate notice. The court prescribed some degree of curricular validity to determine whether the test covered materials actually taught.…

From an analysis of these recent decisions it seems clear that the Court is seeking to reduce the role of the federal judiciary in reviewing decisions made within schools. (Author)

Recent court cases involving tort liabilities of institutions of higher education are discussed in this chapter. Issues addressed include negligence citations for injuries in physical education classes, a wrongful death suit, medical malpractice cases, and slip and fall accidents. Other cases included fraudulent misrepresentation, defamation of…

An examination of the major Supreme Court cases affecting schools from 1970 through the recent 1981 term shows how the Court since 1969 has moved to a more conservative interpretation and application of due process to the public schools. Most of the cases concern either student discipline or teacher termination. (Author/MLF)

Discusses the major federal laws relevant to education of the handicapped and how they apply in a given discipline situation. Summarizes issues that past court decisions have clarified such as suspensions, change of placement, and termination of educational services pursuant to a long-term suspension or expulsion. Mentions important emerging…

A student athlete died after the first day of football practice in Texas. His parents brought suit (Roventini v. Pasadena Independent School District) for monetary damages in federal district court contending that the defendants violated the student's rights. Presents the judge's analysis of the legal issues. Advises board members and…

Outlines the Court's reasoning in "Norwick," in which it held that aliens can be excluded from teaching positions, and suggests a model for "governmental function exception" of aliens. Available from University of Connecticut School of Law, 1800 Asylum Avenue, West Hartford, CT 06117. (Author/IRT)

In the case of Gabrilowitz v Newman the court used the due process balancing test to conclude that a student has a right to have counsel present at a university disciplinary hearing where the conduct in question is the object of a pending criminal proceeding. Available from J. Reuben Clark Law School, Brigham Young U., Provo, UT 84602. (MSE)

Discusses two cases in which federal courts stretched the boundaries of students' constitutional protection to void decisions it saw as palpably unfair. Suggests that the concepts of law and legalization instilled in educators can easily lead them astray. (MLF)