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by gotothedoctor 3315 days ago
I was trying to leave law aside:)

But, yes, Universities also have legal duties to their students. However, these vary significantly based on too many different factors to speak usefully in generalities (eg based on city & state, public or private, is it a research university, is there some kind of consent decree, etc) and of course, the facts of each case.

More simply: whether a University has a legal duty to protect students from online harassment will depend on the specific situation, but, in all cases, the University will have an interest.

1 comments

The important question is actually "should there be legal duties", which you can determine from the original point: "I am just shocked at the amount of control, influence, and involvement into their students' lives universities are expected to have."

I (for one) believe universities should not have a legal duty to prevent online harrassment, even though it may be of interest to universities.

Kindly, I don't think that is the important question because that's not how legal duty works. Basically, there are always legal duties, some of which are codified & some of which are common law.

I'm not arguing there is always a legal duty here, nor that there always should be. I'm stating that whether there is a duty will always depend on the individual fact pattern & the laws/regulations that apply to that specific University.

Not only do Universities operate under different jurisdictions with different rules & laws--but their level of "control, influence and involvement" varies along too. This changes what duty there is--as do the specific facts.So such generalizations are not applicable.

Hope this makes sense; its not easy to explain!