Attorney's Corner-Campus Crime Information For Lawyers

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Campus Crime Legal Related Articles

Stetson Law Review "Campus Violence Symposium" (Fall 2002)

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DISCLAIMER: While this page contains a discussion of general legal principles and specific laws, it is neither intended to be given as legal advice nor as the practice of law, and should not be relied upon by readers as such. Before taking any action, always check with a licensed attorney in your jurisdiction to ensure compliance with the law.

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Books Addressing Campus Crime Legal Issues

The Rights and Responsibilities of the Modern University: Who Assumes the Risks of College Life? by Robert D. Bickel, Peter F. Lake (February 1999)

The Shadow University: The Betrayal of Liberty on America's Campuses by Alan Charles Kors, Harvey A. Silverglate (1998)

The law is a critical variable in campus safety. The law of campus safety has radically shifted in the last thirty years, especially so in the last decade. Moreover, the law of campus safety is complex. It is found in state and federal case-law, statutes, and Constitutions (there can even be international legal concerns). Also, the law of campus safety is heavily influenced by legal trends outside the higher education industry. The Security On Campus, Inc. "Attorney's Corner" offers a resource for lawyers and non-lawyers to obtain information about the latest developments in higher education law as it relates to campus safety.

Decades ago, the typical college was immune from legal scrutiny regarding student safety. Colleges were not legally obliged to offer safe campuses or to report upon their safety issues. Colleges portrayed themselves as super safe sanctuaries; all too often they are not. The law has played an enormous role in bringing campus safety issues to light and in fostering safer college environments. A major change in the law occurred when Congress passed the act now known as the "Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act", which requires colleges to disclose crime statistics regarding their campuses and environments.

Since passage of the landmark "Clery Act" Congress has reiterated and strengthened its commitment to campus crime reporting.   The process of strengthening campus safety law is still underway, and some colleges  continue to choose to litigate in an attempt to preserve privileges to provide less than reasonably safe environments. Increasingly, however, Congress and the courts are showing less tolerance for unsafe learning environments.

The new legal climate is not a return to the old "in loco parentis" model. College students are responsible adults who have significant responsibility to use care for their own safety. However, colleges share the responsibility to create a safe environment also. Student safety decisions always occur in the context of living and learning environment that is in place when they arrive on campus. Colleges can and should facilitate reasonably safe choices and safe environments. The legal system will continue to attempt to balance the rights and responsibilities on modern college students and their schools. 

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