The Rights and Responsibilities of the Modern University

Who Assumes the Risks of College Life?

Robert D. Bickel and Peter F. Lake

The Life of Colleges and UniversitiesColleges and Universities are often likened to

small cities, large corporations, social organizations, and places of worship.

Higher education in the United States has become an important part of our culture and a icon of the American Dream. It is a rite of

passage for many young people, and a means for self efficacy for others to improve

the condition of their life. With all that higher education has to offer there is the

potential for risk. In some situations people are harmed physically, socially, financially, or constitutionally. This book discusses the

history of how laws have changed and transformed the life of the university. As professionals in Student Affairs it is our responsibility to be familiar with laws in higher education, for the safety of our

students and for the benefit of our institutions.

Basic Causes of Danger on the College and University Campus

“On their Own”- A majority of college students are on their own for the first time. Densely populated

Residence Halls. Residence Halls out of

date, with few safety features modern halls are equipped with today.

Basic Causes of Danger on the College and University Campus

cont. Campuses are occupied by

those who are very young. Less protected than high

school and parents home. Intense social

environment- sorority and fraternity.

Basic Causes of Danger on the College and University Campus

cont. “The illusion of safety is its own kind

of danger,” (pg. 5). Several types of buildings and functions

within the university: Labs, classrooms, banks, sports and recreation facilities, art studios, residence halls, and parking facilities.

Students assume that they are safe because of their belief that other students are much like themselves, harmless.

Basic Causes of Danger on the College and University Campus

cont. An Alcohol Culture:

Student use of alcohol brings its own special dangers.

http://www.usatoday.com/news/education/2006-08-26-college-drinking_x.htm

How the Law Influences College and University Life…

“It co-creates the foundations of the university environment and apportions the rights and responsibilities of the participants in university life, (pg. 6).

It can create a consumer mentality among students and parents.

The university is a creator and reflector of society. The law can help or hinder this, (pg. 6).

Timeline of Risk Assumption:

In Loco Parentis (Pre 1960’s)

Rise of Student Constitutional Rights (1970’s)

Bystander Era (1970’s and 1980’s)

“No Duty”/”Duty” (1980’s)

Facilitator Era (1990’s to Present)

In Loco Parentis

Prior to 1960 colleges and universities operated within a system called In Loco Parentis- meaning “in place of a parent”. In this time of insularity colleges and

universities operated free from legal scrutiny.

Full parental rights- even to death: Full parental rights- with an expectation

to protect as a parent would.

In Loco Parentis

Dixon vs. Board of Alabama Irreducible minimum of

constitutional rights. (39) Students become the party of

interest.

The Constitution Comes to Campus!

In the 1960’s and early 1970’s students began to challenge university control. Dixon v. Alabama State Board of

Education: Students won the right to have their

constitutional rights extended to their campus involvements.

This shift influenced other legal and social issues of the day.

The Bystander Era- 1970’s and mid 1980’s

Not stopping activities that university was aware of. (Looking the other way) (56)

The tragedy of the Bystander Era. “Neither attendance at college nor

agreement to submit to certain behavior standards makes the student less an autonomous adult or the institution more a caretaker.” (62)

University and Student Relationship: The Duty of All

The University has a duty to care for students, and students have a duty to care for themselves and others around them.

The Duty To Care

They duty to care is that of reasonable care.

An institution must do more than make policies that protect students, they must uphold them as well.

Students must take care to follow university policies set up for their own safety.

The Facilitator University

Definition of a Facilitator: It is someone who skillfully helps a group of people understand their common objectives and plan to achieve them without personally taking any side of the argument. The facilitator will try to assist the group in achieving a consensus on any disagreements that preexist or emerge in the meeting so that it has a strong basis for future action.

www.wikipedia.com

What does a Facilitator University Do…

Fosters growth for students that need it; such as traditional aged students or adult learners.

They allow students to make their own choices. In addition they “manage the parameters under which choices are made,” (pg. 193).

Understands and asses potential risks to students. They offer services and support which are tailored to

each community. They are, landlords, activities directors, security officers, heath services personal, student academic support services, etc.

They allow students to make decisions and standby to help them deal with the consequences of these decisions.

They do not eliminate all risks, but help asses those risks so that students can learn to take measured risks.

The End