·      Incident brings to focus the inherent risks to student affairs programming

·      Campuses limiting what they sponsor due to the liability and the incidence of lawsuits

·      Report on the Dartmouth incident shows how quickly things can go wrong

·      Consequences on the Dartmouth campus after incident - resignations, changes to program training and student guides

 

·         Administrators clearly evaluating risks to the college community

·         What are the costs to returning to campus?

·         Who is doing the accounting of these costs?

·         How are the cost/risk assessments being made?

·         How are they informing the decision making? 

 

Authority: Sec. 1(a), 80 Stat. 306; 28 U.S.C. 2672; 28 CFR, part 14. 

Source: 45 FR 30834, May 9, 1980, unless otherwise noted. 

The regulations in this part shall apply only to claims asserted under the Federal Tort Claims Act, as amended, 28 U.S.C. 2671-2680, for money damages against the United States for damage to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Department of Education while acting within the scope of his office or employment.

Equal Protection Clause
Due Process Clause
the Bill of Rights, the Fourteenth Amendment

Addressed issues such as which students share a classroom and whether students can be expelled without a hearing or made to recite prayers.
Historical role in protecting the rights of students .
Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

 

 

·        Model emergency response policies, procedures, and practices.

 

·        Preparation for future disasters plan by the Secretary.

 

·        Education Disaster and Emergency Relief Loan Program.

 

·        Guidance on mental health disclosures for student safety.

 

·        Rule of construction.

 

Federal law claims against Texas A&M University in the bonfire case were dismissed

Plaintiffs’  state law claims are dismissed

·         Extensive training for all student organization leaders on the topic of risk and the procedures needed to be followed to ensure the activity has the support of the college administration.

·         Clear guidelines and training requirements for students involved in any activity with any amount of risk involved.

·         Liability waivers for students involved in any activity with risk involved.

·         Involving risk management department and legal department from the planning stages of an activity.