Instructional Liability
Can universities require codes of conduct for student organizations?
When looking at public intuitions, students are provided the legal right to organize and join campus organizations, and administrators have a legal right to allow such. But the institution also retains the right to regulate the organizations use of campus facilities. So if an organization is using campus facilities when organizing and carrying out the functions of their organization then the institution has a right to impose a code of conduct upon the organization. Not only is the organization using the intuitions property, for which they have legal right to protect, but once the organization aggress to the use of such facilities they are indeed attaching the institutions name to their organization. At this point the organization also has the right to protect their image along with their physical property, both which they can attempt to do by requiring that organizations abide by certain conduct rules.
2. What liability does an institution incur for athletic injuries?
Tort law in connection with athletic programs and departments bring about special problems due to the fact that the danger of injury to students is greater than with other activities that students may participate in. One side argues that, "The specific harm that occurred must have been reasonably foreseeable to the institution in order for a duty to arise" (585). The institutions argue that the student athlete assumes the risk of injury because when playing sports the risk of injury is not unusual. The general feeling that the courts have handed down seems to be that if an athletic is playing an organized sport, that represents the university or school then there is a chance that the said school could be held liable for student injuries, but only if there is evidence of intentional or reckless wrongdoing. When looking at those athlete that have been injured while playing intramural sports the courts have leaned towards the idea that those athletes are aware that there is a risk of injury when they decide to play and that they are thus assuming the risk for such injuries if they should occur.
