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Attorney's Corner-Campus Crime Information For Lawyers
Precedent Setting Court Rulings Campus Crime Legal Related Articles Stetson Law Review "Campus Violence Symposium" (Fall 2002) 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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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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