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My name is Lauren Bell, and I am currently working on my Master's in Education Guidance and Counseling degree from Angelo State University. In the future, I hope to work in higher education as a counselor for college students.

On  academic campuses, there is a vast variety of students, faculty, and staff that convene in schools across the United States. As you can imagine, the liability for these students can sometimes be unpredictable. That's why it is so crucial to have the correct rules and regulations in place. The audience that will be appropriate for this topic is school teachers and coaches. The purpose of this research will be to better educate and inform the faculty members of schools as it relates to student activities and the legal liability that accompanies it.

In the field of education, we want our students have fun and participate in appropriate activities that they are interested in and hosted through their school. However, it is critical to be informed of the process that occurs if something were to happen to one of your students on a school sponsored activity.

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The individual that was interviewed on this topic was Michelle Miller at Angelo State University. Michelle works as the Title IX Coordinator and Special Assistant to the President. She has firsthand knowledge when it comes to student affairs and the potential for legal liability.

This specific topic is crucial to the field of education for a variety of reasons. As an institution, there is a duty owed to the students to keep them safe while they are there. In order for this to happen, there should be regulations in place to protect both student and institution. This relates well to the phrase, "in loco parentis", which means "in the place of the parent", and for college campuses as well as schools, this is the liability that is assumed. There is a duty of safety and in caring for your student body.

Best practices related to student activities and legal liability include:
-Be aware and informed of the choices that are being made by your students on your campuses.
-Limit know risks of the students.
-Have required trainings for student organizations; mitigate the risk.

An area that has been unexpected worldwide, and in the field of education that impacts the legal liability for students would be COVID-19. The impacts that this pandemic has had on schools all around the world has been highly unprecedented. Schools can mandate requirements for their students, but specifically for college students, they are ultimately going to do what they want to do, even if it goes against school regulations. For college campuses, there are adjustments that are having to be made in the sense that activities which used to be encouraged are now being discouraged or performed in an alternate way.
(M. Miller, Personal
Communication, 2020)

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This article was found on the United Educators Risk Management Insights Blog. The year 2020 has brought on unprecedented concerns and tragedies in regards to COVID-19 and student activities hosted by educational entities. This blog post is specific to in-person activities and athletics.
-Choose a phased approach
-Manage communication appropriately and effectively
-Require masks and health screenings
-Provide appropriate trainings
-Create a COVID-19 action team
-Make participation and attendance voluntary
(Bennett, M. (2020, July 30). United Educators. https://www.ue.org/risk-management/insights-blog/?id=4247).

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Some colleges and universities are asking their students to sign a waiver and informed consent agreement for returning to campus amidst the current COVID-19 pandemic. Specifically, at Bates College, if students were choosing to go back to in-person classes and activities, a signed waiver is required stating that the student will assume all risks associated with returning to campus and staying in the residence halls. Maria Gray, a Junior at Bates College, decided against the waiver, stating that if she was required to sign this to go back to school, then it clearly was not safe for her to return. She ultimately chose the online alternative. For the Bates College waiver, it is implying that students are waiving their right to pursue litigation for negligence on behalf of the college. Ultimately, college campuses and schools across the United States are trying to determine how best to safely let their students return to school, and students are being asked to assume the risk of COVID-19 as they return to campuses.
(Anderson, G. (2020, August 3). Students asked to sign liability waivers to return to campus. https://www.insidehighered.com/news/2020/08/03/students-asked-sign-liability-waivers-return-campus).

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College and universities are working to keep a closer eye on their students as students are becoming more risky in their actions. Colleges are trying to organize a principle for student behavior. The phrase "in loco parentis" is quickly making a comeback to campuses and regulations after being not so frequently used in prior years. The increased concern for legal liability and student behaviors is guided by new social norms and evolving human behavior. Specifically, you will typically see this related towards fraternities and sororities, as well as working to punish and put an end to sexual assault and harassment on campuses. These pressures and situations are encouraging campus officials to act in a direct, supervisory role. You are seeing more direct involvement of colleges and universities in their students' activities and lives.
(Patel, V. (2020, July 22). Why Colleges Are Keeping a Closer Eye on Their Students' Lives. https://www.chronicle.com/article/why-colleges-are-keeping-a-closer-eye-on-their-students-lives/).

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Reference: Education Amendments Act of 1972, 20 U.S.C. §§1681 - 1688 (2018).
Source of Law: Federal Statutory Law
Link: https://www.justice.gov/crt/title-ix-education-amendments-1972

Title IX protects people from discrimination on the basis of sex. This applies to schools and institutions that receive federal funding. The scope of Title IX spans broadly into a variety of areas in education, including athletics and student activities as well as admissions, financial aid, and harassment. It is critical for schools and universities to understand and have practices in place related to this law. Under Title IX, schools are legally required to respond to sexual harassment and violence.

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Reference:

Texas Education Code § 37.152

Source of Law: State Statute

Link: https://codes.findlaw.com/tx/education-code/educ-sect-37-152.html

The Texas Education Code

§ 37.152 refers to hazing. A person  commits this offense if they are engaging in hazing personally, encouraging the action of hazing, has prior knowledge about a future action of hazing, and you can be held liable for failure to report a hazing incident.

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Reference:

U. S. Const. amend. XIX

Source of Law: Federal Judicial Law
Link: https://law.justia.com/cases/utah/supreme-court/1986/19389-0.html

In this court case, Donna Beach was on a school sponsored trip when she sustained injuries and became a quadriplegic. Alcohol was provided to Beach from a faculty member. The court ultimately ruled in favor of the university claiming that students are adults and are responsible for their own actions. The court also claimed that it would be “inconsistent with the nature of
the relationship between the student and the institution… and largely inconsistent with the
objectives of a modern college education.”

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Reference:

Widmar v. Vincent, 454 U.S. 263 (1981)

Source of Law: Federal Judicial Law
Link: https://supreme.justia.com/cases/federal/us/454/263/

This case takes place at the University of Missouri - Kansas City. A student organization, called Cornerstone, sought permission from the university to use two rooms for purposes related to their organization. These activities included prayer and worship. The university rejected the application from the organization, stating that it would violate several sections of the Collected Rules and Regulations of the University of Missouri. However, the court ruled in favor of the student organization, claiming that the policy violated the members' First Amendment rights.

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Reference/Link: https://www.angelo.edu/content/files/25383-student-activity-release-form

Angelo State University has a Student Activity Release form for students to fill out and turn in before participating in a university-related activity. By signing this form, the student is assuming the risk of the activity and claiming they are responsible for any incidents that may occur. Additionally, it releases Angelo State University from being responsible in the event of property damage, personal injury, or death.

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Reference: American School Counselor Association (2016). ASCA ethical
standards for school counselors. Retrieved from
https://www.schoolcounselor.org/asca/media/asca/Ethics/
EthicalStandards2016.pdf
Link: https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

ASCA A.1 A.1. Supporting Student Development
g - "Are knowledgeable of laws, regulations and policies affecting
students and families and strive to protect and inform students
and families regarding their rights".

As a school counselor this standard is crucial as it relates to student activities and legal liability. School counselors should be well-informed on the variety of topics surrounding education and the implications that could occur for both student and school.

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Reference: Bennett, B., Combrinck-Graham, J., McMullan, S. (2007). Managing liability: Student affairs. United Educators.

This guide offers great insight for all parties in education as it relates to managing liabilities specifically for student affairs and activities. Colleges and universities have always been responsible for the formation and management of student activities on their campuses. This guide offers straightforward information for the reader to better understand how to manage and maintain a wide range of student affairs. It helps educators look at different activities, review the potential liabilities, make a plan for mitigating exposure and move forward with the knowledge needed to ensure success of the organization or activity.

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Consider and be aware of the liability of student actions and choices ahead of time.

Maintain a strong knowledge regarding current laws and regulations as well as specific policies related to your institution.

Perform mandatory trainings for all staff and faculty to ensure understanding of liability and student actions.

Make sure there are policies in existence for all parties to reference and abide by in any situation.

Abide by federal laws, but also ensure that local policies make sense for your staff and student body.

Maintain organization for policies and be consistent on trainings for student organizations and forms to fill out.

Identify student activities/organizations that may require more risk management (ex. fraternities and sororities).