Describes and documents the changing legal theories about the college-student relationship currently used by the courts. Notes that the most recent legal actions focus on contract law, landowner liability, guest and host, and negligence. Looks specifically at cases involving liability for sexual attacks on students and for alcohol-related…

A court decision that a college cannot be held liable for furnishing alcoholic beverages for student consumption, regardless of negligence in doing so, is criticized for its implications in both individual situations and on a national scale. (Journal availability: University of Georgia School of Law, Athens, GA 30602, $5.00.) (MSE)

Examines the various legal remedies that students, believing that they have been victims of misguidance, have pursued against institutions of higher education. The legal theories available primarily fit in four categories: (1) estoppel; (2) fraud; (3) breach of contract; and (4) due process. (MLF)

Examines whether the college catalog and language therein constitute a legally binding contract between college and student. Categorizes catalog litigation by cases involving dismissal, granting of degrees, tuition, admission, and course offerings. The courts appear to agree that the student-college relationship is contractual in nature and that…

An institution should have a written procedural policy, including a statement of the standard of proof to be employed. The establishment of "clear and convincing" as the evidentiary standard best suited for the institutional setting is argued. (Author/MLW)

Recent court litigation involving the contractual relationship between college students and colleges is reviewed and the issues raised are examined to evaluate how real the threat of contract liability is. Court approaches are heavily result-oriented in academic decision cases, but courts are increasingly reluctant to overturn institutional…

While legal action to collect defaulted student loans is required, an equally important aspect of the student loan dilemma is to identify ways institutions can reduce the rate of future defaults. "Due diligence" procedures are discussed, as well as other administrative measures helpful to institutions. (MLW)

Section 504 of the Rehabilitation Act of 1973 promises that colleges will provide auxiliary aids to hearing-impaired students including "signing" interpreters, and colleges and students can expect state vocational rehabilitation programs to pay for those aids. The uncertainty over who is to pay for interpreter services is discussed. (MLW)

Reviews the contractual relationship between students and higher education institutions and discusses how courts have interpreted this relationship in deciding legal challenges to college catalogs. Recommends 12 guidelines to help colleges minimize their risks of breach of contract litigation. (Author/RW)

Most litigation involving college students' alcohol consumption and related accidents claims negligence on the part of institutions or their agents. General trends may be predicted from past state court decisions. Colleges and universities may wish to reexamine their policies with regard to consumption of alcohol by their students. (MLF)

The catalog has become a "Catch 22" for colleges and universities; it is necessary to publish it, but the institution becomes liable for the printed information. Courts have determined a contractual relationship established by the catalog, and precautionary steps should be taken to avoid liability litigation. (MSE)

Among the protective measures against computer viruses that universities should consider are the following: (1) establishment of policies regarding student and faculty conduct; (2) distribution of information; (3) limitations on access to college computers; (4) establishment of operational safeguards; and (5) creation of an emergency action plan.…

Differing court opinions in Eiseman vs. the State of New York, concerning the rape and murder of a student by an ex-convict admitted through a special rehabilitation program, indicates institutions must recognize that dangers from a special program may cause a court to impose special restrictions on applicant screening. (MSE)

The rights of students to complete programs into which they have matriculated and the obligations of colleges and universities to maintain these programs for sufficient periods of time to fulfill any existing contracts with students are discussed. Contract principles are applied in protecting a student's right to complete degree programs. (MLW)

A court ruling in the Girardier v Webster College case, that a college or university may validly refuse to issue transcripts to former students who have not repaid their educational loans and who have discharged those obligations through bankruptcy, is discussed along with some related cases. (Author/MLW)