The Rights and Responsibilities of the Modern University: Who Assumes the Risk of College Life?

The past decades have seen an alarming increase in campus crime, alcohol abuse by college students, hazing and other risky student activities. There is a growing awareness of the need to make safer college campuses. While danger to students has been on the rise, the relationships between students and their universities has grown increasingly distant. The rise in danger and the loss of community on college campuses has been inadvertently facilitated by legal rules. Courts crafted legal protections for colleges which backfired: legal rules designed to protect colleges from lawsuits instead encouraged colleges to become insular and to avoid positive steps to protect student safety.

Bickel and Lake re-imagine the role of law in university/student relations. Picking up on recent court decisions and legislative initiatives, the authors describe a new legal paradigm for college safety - the facilitator university. The modern college is not a baby-sitter or custodian of students: but it is also not a mere bystander to student safety. The facilitator university balances the rights and responsibilities of students and institutions and envisions campuses which feature shared responsibility for student safety. Law can be a positive tool for improving safety and community on modern campuses.