Legal implications of crime on campus: An analysis of civil claims against universities.

摘要

As a consequence of crime on campus, universities have been faced with an increase of civil liability claims. The purpose of the research was to provide university administrators with a better understanding of the consequences of their responses to crime on campus by analyzing federal and state cases brought by students against universities for criminal victimization on campus. State and federal cases were collected from 1980 to 2010. The analysis consisted of reasons and theories behind the court rationalizations when finding universities accountable for criminal acts committed on campus. State and federal courts used ten liability theories in their judgments: duty as a private landlord, duty to provide ordinary care to students, vicarious liability, duty based on business-invitee relationship, duty voluntarily assumed, breach of implied contract, fraudulent misrepresentation, violation of Title IX (sexual harassment), negligent misrepresentation, and violation of civil rights (acting under color of law). This research constitutes a significant reference to those university administrators interested in restructuring their safety and security policies, according to the decisions of federal and state court.