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ERIC Number: EJ901676
Record Type: Journal
Publication Date: 2007
Pages: 34
Abstractor: ERIC
ISSN: ISSN-0896-5811
Disruptive Students: A Liability, Policy, and Ethical Overview
Noonan-Day, Heidi L.; Jennings, Marianne M.
Journal of Legal Studies Education, v24 n2 p291-324 Sum-Fall 2007
Colleges and universities long ago made the necessary accommodations and structural changes necessary to allow students with physical impairments to attend and eventually complete their studies. Students with physical impairments enjoy a full range of accommodations. However, the issues of disability and accommodation continue to evolve as more gray areas of the applicable laws emerge. Issues, such as the disruptive student or the student who verbalizes violence or includes threats of violence as part of an assignment, are emerging as an area of faculty concern. The purpose of this article is to use a classroom experience as the backdrop for discussion of these emerging issues that will serve to bring together issues of federal civil rights protection under the ADA as well as premises and tort liability of colleges for their actions or inactions related to the disruptive or expressive student. Section II covers the factual issues that led to this exploration. Section III discusses the legal rights of the disruptive student under both state and federal law. Section IV covers the college's liability for student conduct, including the issue of foreseeability. Finally, Section V offers a discussion of managing the disruptive student, including practical tips and suggestions. (Contains 72 footnotes.)
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990; Rehabilitation Act 1973