Jennifer Bradley (plaintiff) was a junior year student athlete at the University in Washington, D.C. Bradley played field hockey for the university, and in September 2011, she was hit on the head during a field hockey game between the university and Richmond University. After that hit, she began experiencing symptoms of a concussion, but continued…

The focus of this article is liability of higher education institutions for off-campus housing. In the off-campus housing context, the "assumed duty" theory was determinative in a 2006 Delaware Supreme Court case. A student was assaulted by the boyfriend of another student in the parking lot of off-campus housing. The housing was…

Hazing in public schools is a significant problem that may result in serious physical or emotional harm to students who are victims. According to experts in the field, each year more than 1,500,000 American students become new hazing victims. Hazing also results in legal challenges for school personnel. The courts consider public schools to be…

This article points out that the "in loco parentis" maxim is partly to blame for introducing the confusing "reasonable parent" doctrine as the test for delictual negligence of educators in the school context. It is argued that the standard of care exercised by parents over their children is not appropriate to determine the negligence of educators.…

School districts must properly manage volunteers to protect children from negligent behavior. Districts can reduce the risk of using volunteers by developing volunteer-management policies and procedures; maintaining adequate liability insurance; developing descriptions of volunteer responsibilities; screening interested persons; and providing…

Before abused children can heal and learn effectively, the problem causing the trauma must be recognized and identified, and proper legal issues must be addressed. Through various local, state, and federal mechanisms, U.S. society has provided a process for reporting suspected child abuse and crafting a positive solution. (Contains 28 references.)…

In a suit involving an assaulted Native American middle school student, a federal court judge granted the Philadelphia Public Schools' motion for summary judgment. Even in this post-Columbine era, senseless on-campus, student-to-student violence is generally not considered a civil-rights issue. Exceptions are noted. (MLH)

Identifies elements that (British) courts consider in school or teacher negligence cases. Reviews significant case law establishing liability of schools and teachers for harm sustained by pupils and children's personal liability for careless acts leading to personal harm. Discusses implications of a recent child negligence case. (Contains 14…

To help educators understand their legal responsibilities when supervising students, this article reviews the elements of negligence (duty, breach, injury, and causation) an injured party must prove to hold an educator or school system legally accountable. The article also reviews basic defenses to negligence: immunity, comparative/contributory…

A Florida student suicide case alleging administrative and school board negligence had mixed results. School officials must be vigilant about the possibility of student suicide and put appropriate procedures into place. The connections to school may include confidential communications, curricular linkages (educational films and student journals),…

This guide contains the 1996 mock trial materials for the District of Columbia mock trial program. The trial focuses on a high school student who died of a heart attack attributed to the use of steroids. The plaintiff, the student's father, alleges that the school, its principal, and track coach were negligent in the death because they failed to…

Provides a scenario of a physical education class in which a student was injured in an activity conducted without proper instruction and adequate materials. The student sues the student teacher, her supervisor, the university department chair, and the university. The article examines the liability of each party. (SM)

In the absence of immunity, courts have held schools and school personnel liable for personal injury by a student with a disability that resulted from negligent failure to provide a reasonable safe environment, failure to warn of known hazards, or failure to provide adequate supervision. Case law is presented to demonstrate the extent that school…

To reduce liability risks, there are no substitutes for knowing law and policies, consulting with an attorney beforehand, providing adequate staff training, and documenting efforts. School law hot spots include negligence, religion, discipline policies, sexual harassment, magnet school diversity policies, and high-stakes testing. (MLH)