Changes in sports and the "sue syndrome" have increased the risk of athletic coaches being sued. Suggestions to reduce the risk involve: (1) job contracts; (2) preseason physical examinations; (3) parental consent; (4) good rapport with participants; (5) equipment safety; (6) documentation; (7) insurance; and (8) establishing priorities. (FG)

This newsletter defines common law negligence, discusses recent trends in common law negligence, cites litigation, and establishes guidelines to assist school administrators in the avoidance of such tort action. The success or failure of a negligence suit most commonly turns on one of three factors: duty, breach of that duty, and proximate cause…

Explores some legal issues and principles relevant to university administrators' decision-making processes, focusing on three areas: discretion (i.e., level at which a decision is made); procedural fairness (when it is required, what it applies to, rules, and biases); and review of decisions. Emphasis is on the Australian context. (MSE)

Little research has been conducted in an effort to clarify the legal ramifications involved in the support services a guidance department may offer in a typical high school. Of particular interest are the liabilities to which counselors, principals, and other school personnel might be subjected in guidance departments having peer assistance…

A growing emphasis on teacher accountability, coupled with declining enrollments and reduced revenues, has increased the importance of teacher evaluations as a basis for staffing decisions, even though there is no clear definition of teacher effectiveness. Accordingly, legal standards are provided for the procedural and substantive issues of due…

Examples are given of how a careless or overly personal sex education instructor can endanger an entire school program. (LH)

Teacher evaluation procedures, if ineptly accomplished, are potentially vulnerable to litigation (which most school districts can ill afford), because there is no consensus as to what constitutes effective teaching; hence the validity of rating systems and/or reliability of observations is open to challenge. Accordingly, the evaluation policies…

Increasing demands for professional accountability in education, coupled with a growing tendency in the American public to seek redress through the courts, have given rise to the educational malpractice suit, alleging that students have failed to learn because schools have been negligent in their duty to educate. This chapter provides guidelines…

Government, through its legislative, executive, and judicial arms, has exceeded the appropriate involvement in institutional affairs. Universities have the ability and the responsibility to diminish government intrusiveness by developing internal mechanisms of accountability. (Author/MSE)

Harlan Cleveland's book concerning the benefits and costs of open governing board meetings is reviewed and critiqued, especially in its suggestions for modification of statutes in the cases of presidential searches and program and board evaluations. (MSE)

Maintains that academia has not escaped the litigious nature of the current U.S. social climate. Cites pivotal U.S. Supreme Court cases on academic judgment and reviews lower court cases where students challenged their assigned grades. Provides suggestions for lessening the likelihood of litigation. (CFR)

Colleges and universities increasingly rely on fund raising activities as a major source of operating revenue, a process which is wrought with legal pitfalls. This document provides an overview of the legal considerations of fund raising for the alumni and development officer, focusing particularly on span of control considerations between alumni…

This report on a preventive law institute held in Texas in 1981 includes an introduction, three papers, a summary of discussions, and a concluding statement. In the introduction Christiane Hyde Citron defines preventive law as decision making that takes constitutional and case law into consideration and that includes four basic steps: (1)…

A wide variety of contemporary legal issues are addressed in the 15 separate papers that make up this volume. The introductory chapter by William C. Bednar, Jr. provides a broad-based rationale for "Preventive School Law." Chapters 2 and 3, both by Gerald A. Caplan, review "Current Issues in Reduction-in-Force" and "First Amendment Claims by…