The author notes that this chapter deals generally with torts in higher education cases. A tort is usually defined broadly to cover most wrongful civil acts, except breach of contract, that may occur between individuals. The remedy sought in a civil tort action is compensation to the injured party for the damages suffered. The areas discussed here…

Legal issues in liability for and prevention of injuries through negligence are discussed: proving negligence, who is owed a duty of care, who may be sued, remedies, risk management (shifting risk, insurance, indemnification, waivers and releases), and preventing claims (warning of known danger, proper supervision, school maintenance, security,…

An attorney provides answers to frequently asked questions about the application of copyright law to the work of institutional research, including hard copy and electronic publishing, and its dissemination. Institutional researchers are treated as workers for hire, and the employer or institution is deemed the author and copyright holder;…

Three categories of legal issues generated by computers on campus are examined: copyrights on programs developed by students, faculty, or staff; contracts in purchasing computers and torts concerning wrongful use; and the expectation that schools will respond to legal/ethical issues differently than commercial organizations. Suggestions for…