Neglecting the supervision

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Case 1: Nova Southeastern University, Inc. v. Gross

a) What is the institutionâ??s legal duty with respect to a student for whom it arranges an off campus internship or practicum?

b) If the institution required the student to arrange her own internship or practicum, what would the institutionâ??s legal duty be?

c) Is there any other way, in addition to warning students about any known dangers, that the institution could protect itself from liability (for example, having the student sign a waiver)?

Case 2: Bradshaw v. Rawlins

a) Could the college have better protected itself from potential liability in situations involving student activities and the consumption of alcohol? Would you suggest any changes in the collegeâ??s written policies on alcohol? Any changes in enforcement of college alcohol policies? Any changes in the collegeâ??s practices regarding supervision of student social functions?

b) Might the outcome of the case have differed if the picnic had occurred on a college field? In a residence hall? In a fraternity house? Regarding fraternities, consider the case of Whitlock v. University of Denver, discussed in which the Colorado Supreme Court refused to find that the university owed a duty to a
student injured while using a trampoline owned by a fraternity. Compare Whitlock with Furek v. University of Delaware. Can you distinguish the cases sufficiently to justify the opposing outcomes? Do these cases stand for the proposition that an institution can avoid liability by severing all ties, including the application of student codes of conduct, with fraternities? Is such a policy legally advisable? Educationally advisable? Should it matter whether the fraternity house is on-campus on university land or off-campus on land owned by others?

Reference no: EM1334727


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