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MINIMIZE THE RISK

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

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MINIMIZE THE RISK

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

  2. 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

  3. 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. 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

  5. Objectives Describe Tort Liability Identify Specific Steps That Can Be Taken To MINIMIZE Risk

  6. 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.

  7. Minimize the Risk OPEROR NON OPEROR STOLIDUS RES Do not do dumb things

  8. 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)

  9. Minimize the Risk Insisto Ratio Follow Procedures

  10. 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)

  11. Minimize the Risk OperorNon PlantoSpondeo Do Not Make Promises (That You Can’t Keep)

  12. 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)

  13. Minimize the Risk Operor Vestri Officium Do Your Job

  14. 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

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

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