Examining Legal Issues Facing Higher Education. Best Practices in Higher Education March 2014 Will Moorhead, J.D.

Transcription

1 Examining Legal Issues Facing Higher Education Best Practices in Higher Education March 2014 Will Moorhead, J.D.

2 Liability Framework Application of liability Events that create legal issues Situation analysis Best practices

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5 Possible Legal Action

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7 Tort: Action that harms another person, business, or group. A person or group of people act, or fail to act, without right and thus harm another directly, or indirectly.

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9 Elements of Liability Duty Law, rule, regulation, standard of care Breach Cause Injury Act or omission Connects breach with injury Injury is required. Usually the source of the conflict.

10 Standard of Care What would a reasonable person have done under the same or similar circumstances?

11 Examples of Standards

12 How does this relate to planning and response in higher ed?

13 What can you be sued for? Why do some lawsuits raise concern?

14 Practical application of standards Identification of hazards Planning Training Exercise

15 Lessons Learned Communications Coordination and expenditures Recognition of hazards

16 What Hazards Should Be Addressed?

17 Proper Warning

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19 Coordination Considerations Who s in charge External and Internal Contracts and MOUs

20 Security of the Finances Fiscal Responsibility Business Continuity Limited Downtime Loss from the event Spending to Recover

21 Alternate space Cleanup Contractors Suppliers

22 What is the preventative ounce?

23 Case Studies Insufficient Response Incomplete Planning Poorly Planned Exercise Class Action Following Hurricane Katrina

24 Two Families Sue For Wrongful Death In VA Tech Shootings for gross negligence and wrongful death. Among those facing the lawsuits - Cho's estate, Virginia Tech, counseling center, the local mental-health agency, several top officials, and the college's president. although a double homicide was reported before the other shooting took place, officials did not alarm the rest of the school that there may be a murder suspect on campus. the mental health center that treated Cho could and should have also prevented the tragedy. The wrongful death suit is made up of ten separate counts and asks $10 million in damages.

25 Virginia Tech Victims' Families Win $8M in Wrongful Death Lawsuit Thu, Mar Families of two victims of the 2007 Virginia Tech shootings will receive $8 million in a wrongful-death lawsuit, a jury ruled Wednesday. The suit, brought by relatives of slain students Erin Peterson and Julia Pryde, alleged Virginia Tech officials were negligent in taking too long to notify the campus that a gunman was on the loose, WTKR-TV reports. The Virginia Tech massacre began when two students were shot and killed in a dorm on April 16, School officials did not alert the campus because they believed the shootings were an isolated incident, Virginia Tech s attorneys said. Virginia Tech s failure to warn anyone about a gunman on campus led to the killing of Peterson and Pryde, their families wrongful-death lawsuit asserted. But the school s lawyers argued there was no evidence that a warning would have changed what happened that day. No one could have reasonably foreseen Cho s massacre, they argued. In a negligence case, a defendant is generally held liable only for harms that could have been reasonably foreseen by the defendant s actions, or failure to act. Whether a result was foreseeable is a factor in establishing causation, one of the essential elements of negligence.

26 Class-Action Suit Filed After Katrina Hospital Deaths Settled for $25 Million July 21, 2011 A New Orleans judge gave preliminary approval today to a settlement agreement that would end a class-action lawsuit against one of the nation's largest publicly owned health care companies. Under the terms of the deal, Tenet Healthcare Corporation and a subsidiary will pay $25 million to patients and visitors trapped at Memorial Medical Center after Hurricane Katrina. The lawsuit against the hospital and its parent company, Tenet Healthcare Corporation, alleged that they failed to prepare for and respond sufficiently to a foreseeable disaster. Patients and others who took shelter at Memorial were harmed, the plaintiffs claimed, because emergency plans for evacuation and backup power were inadequate. The hospital was plunged into darkness after its backup generators failed, and helicopters hired by the corporation did not arrive until two days after the streets around Memorial flooded. Maintenance staff at the hospital had warned prior to Katrina that the hospital's electrical system was vulnerable to flooding, a known hazard in the low-lying city.

27 OAKLAND SETTLES LAWSUIT WITH DISABILITY RIGHTS GROUP January 22, 2010 City officials reached a settlement this week with the Berkeley-based Disability Rights Advocates over a 2007 lawsuit that said the city was ill-prepared to help disabled people in the event of a disaster such as an earthquake or firestorm. The agreement requires Oakland to implement programs to specifically address the needs of the city's disabled residents in its emergency preparedness plans. Both sides said they are satisfied with the outcome. Karla Gilbride, an attorney for Disability Rights Advocates, said that when the lawsuit was filed, Oakland had an array of deficiencies in its emergency plans. She credited the city for working with people with disabilities and finding ways to best address their needs. "This is a victory for people with disabilities in Oakland," she said. "Oakland has shown itself to be a leader in making sure people will be equally safe "... and we're hoping other cities will follow Oakland's lead." A similar lawsuit filed by Disability Rights Advocates and another organization is pending against the city of Los Angeles. Gilbride said her organization is also investigating whether other cities in California are unprepared to properly help disabled people during emergencies.

28 ICU 'drill' -- with real gun -- was a lawsuit waiting to happen Apr. 30, 2011 Let's send a cop undercover into a hospital's intensive care unit, waving a real gun, and see how the staff reacts. But let's not tell anyone it's an emergency preparedness drill. That's exactly what officials at St. Rose Dominican Hospital-Siena Campus did on May 24. On April 20, three ICU nurses and a respiratory therapist sued the hospital, the off-duty cop, the Chief Operating Officer, and three members of the Emergency Management Committee. The lawsuit -- filed by three nurses and a respiratory therapist describes how each one feared he or she was going to die that day after an angry man entered the ICU and began waving a gun. The defendants are accused of civil conspiracy, assault, false imprisonment, intentional infliction of emotional distress, intentional misrepresentation, fraud, and breach of contract.

29 Wednesday, December 08, 2010 UCLA Stabbing Victim Files Lawsuit Against UC Regents A UCLA student who was stabbed by her mentally ill classmate in a chemistry lab on Oct. 8, 2009, has filed a lawsuit against the University of California regents and her attacker. Katherine Rosen claims faculty and university administers were aware of Damon Thompson's violent tendencies but did not take the necessary steps to protect her.

30 Application Woodworking shop injury What was the duty? Was the duty breached? Was there a causal connection to the injury? How does this apply to emergency management on campus?

31 Application Minimal preparedness in place Is there a duty to prepare? What injury may occur? Can the injury be connected to a breach of duty?

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35 Will Moorhead, J.D