Authority
This originates from some fundamental legal source.
What is authority?
What are negligence and defamation?
This is protection or exemption from something.
What is an immunity?
Risk avoidance, risk control, risk transfer and risk retention.
What are methods of risk management?
Professional standards state that SA Pros should "maintain current, accurate knowledge of all regula- tions related to privacy of student records and elec- tronic transmission of records and update knowledge of privacy legislation on a regular basis" (ACPA, n.d.). Not doing so would lead to computer security concerns which is a growing aspect of which legal principle discussed in our presentation?
Negligence
This type of authority is found in plain meaning of a written grant of authority.
What is express authority?
These are not liable for every action made on campus.
What are institutions?
This protects the state and its agencies from litigation concerning common law
What is sovereign immunity?
Having a risk manager, an office of risk management, and conducting risk assessments
What are organizational devices for risk management?
Creating Enterprise Risk Management systems can help further this professional standard.
What is responsibility to institution?
This authority is not real authority, instead it’s when someone is acting for the institution and others believe they have the authority to do something.
What is apparent authority?
This case focused on a libelous letter to the editor, published by student newspaper.
What is Mazart v. State?
This gives immunity to non-profit organizations that operate for religious, charitable, or educational purposes (most non-profit private college fall in this category).
What is charitable immunity?
Liability insurance, indemnification, and releases.
What are methods of risk transfer?
This form of liability ensures that facilities are up to date and helps institutions "[d]emonstrate concern for the welfare of all students and work for constructive change on behalf of students" and "[r]eport to the appropriate authority any condition that is likely to harm their clients and/or others" (ACPA, n.d.).
What is premises liability?
The doctrine applied to acts that are beyond the delegated authority of public body or official.
What is the ultra vires doctrine?
When an institution must provide support or premises for the organization.
What is the legal duty to supervise?
This case focused on the claim that a lake on a campus was governmental, therefore the school should receive sovereign immunity.
What is Brown v. Florida State Board of Regents?
Comprehensive programs for risk assessment, management and prevention
What is enterprise risk management?
"Treat students with respect as persons who possess dignity, worth, and the ability to be self-directed" most closely aligns with this legal idea that colleges owe students a duty of care (ACPA, n.d).
What is tort liability?
Who should rely on express rather than implied or apparent authority?
Who are Student Affairs Professionals?
This requires a university to refrain from injuring any individuals to which to college owes a duty.
What is tort law?
When willful, wanton, or grossly negligent acts occur.
When will charitable immunity will not protect schools?
These are important in risk control and risk avoidance.
What are important in risk control and risk avoidance?
We can know more fully what our legal limits are as student affairs professionals, understand what it means when we have authority to do things, and protect ourselves and our students on campuses.
What are the implications of learning liability laws?