MINIMIZE THE RISK Russ Bumba, Ed. D. Associate Vice President For Student Services and Research

Personal and Institutional Liability Student affairs administrators in postsecondary educational institutions share a common fear regarding personal and institutional liability for acts and decisions committed while carrying out their official duties. This fear, generated by the unknown, has caused increasing concern in the last decade. William Kaplan and Barbara Lee, The Law of Higher Education, Fourth Edition (Student Version), 2007 4/28/2019

Personal and Institutional Liability College Grad Can't Find Job, Wants $$$ Back (NBC New York, August 6, 2009) Student Sues University Over Grade (Reuters, Feb. 8, 2007) Student Sues School Over Hot Coffee (Santa Barbara Independent, November 22, 2011) SIU Sued Over Deer Attack (Belleville News-Democrat, May 26, 2006) Ex-College Student Sues School Over Roommate’s Sex (Boston News, March 2, 2012) 4/28/2019

Personal and Institutional Liability Boca Dad Files $180 Million Suit Against Cornell For Son’s Death (Sun Sentinel, November 28, 2011) University of California Sued Over Student’s Drug-Induced Brain Damage (Chicago Tribune, October 27, 2010) Oregon Student Sues College After Rape on Campus Civil Litigation, January 1, 2012 4/28/2019

Objectives Describe Tort Liability Identify Specific Steps That Can Be Taken To MINIMIZE Risk 4/28/2019

What is a Tort? A civil wrong, other than a breach of contract, for which courts will grant a remedy. A Tort involves a claim that the institution, or its agents, owed a duty to one or more individuals to behave according to a defined standard of care, that the standard was breached, and the breach caused an injury. 4/28/2019

OPEROR NON OPEROR STOLIDUS RES Minimize the Risk OPEROR NON OPEROR STOLIDUS RES Do not do dumb things 4/28/2019

Do not do dumb things College of DuPage Student Sues, Saying Instructor Kicked Him (Chicago Tribune, January 2012 ) Justice Is Served: Jury Returns More Than $1M Sexual Harassment Verdict Against Alabama State University (Montgomery Advertiser, February 18, 2012) Student Killed in Accident at Notre Dame (Chicago Tribune, October 27, 2010) 4/28/2019

Minimize the Risk Insisto Ratio Follow Procedures 4/28/2019

Follow Procedures Va. Judge Rules Lawsuit against Virginia Tech Officials over Mass Shootings Can Move Forward (Chicago Tribune, November 22, 2010) Student Wins Suit against Former VSU President (Valdosta Daily Time, September 8, 2010) 4/28/2019

Operor Non Planto Spondeo Minimize the Risk Operor Non Planto Spondeo Do Not Make Promises (That You Can’t Keep) 4/28/2019

Do Not Make Promises (That You Can’t Keep) Former Bayside Student Sues School, University of Mobile Coach for $150K (Press-Register, December 24, 2011) Former Student Sues Palm Beach State College (The Palm Beach Post, February 27, 2012) 4/28/2019

Operor Vestri Officium Minimize the Risk Operor Vestri Officium Do Your Job 4/28/2019

Do Your Job Former Student Sues A&M Over Grades (The Eagle, October 7, 2009) Law Student Files Negligence Suit Against LMU (Knox News, February 15, 2012) Penn State Scandal Sharpens Focus on Reputational Risk (Source: Business Insurance) University Business, January 2, 2012 4/28/2019

MINIMIZE THE RISK Russ Bumba, Ed. D. Associate Vice President For Student Services and Research bumba@sctechsystem.edu 803-996-0175 4/28/2019