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2004

Negligent Supervision

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Full-Text Articles in Law

Dangerous Games: Student Hazing And Negligent Supervision, Daniel B. Weddle Jan 2004

Dangerous Games: Student Hazing And Negligent Supervision, Daniel B. Weddle

Faculty Works

For years, some state courts have been willing to hold schools accountable for hazing injuries under a theory of negligent supervision. Outside the hazing context, a claim of negligent supervision will seldom help a plaintiff who has been injured by another student because courts hesitate to hold school officials liable for unanticipated tortuous acts of third parties. With regard to hazing, however, some courts are more willing to view such injuries as foreseeable and preventable, particularly if there has been a history of hazing in groups connected to the school. Where there is knowledge of hazing activities, the power to …


Bullying In Schools: The Disconnect Between Empirical Research And Constitutional, Statutory, And Tort Duties To Supervise, Daniel B. Weddle Jan 2004

Bullying In Schools: The Disconnect Between Empirical Research And Constitutional, Statutory, And Tort Duties To Supervise, Daniel B. Weddle

Faculty Works

Nearly two decades of educational research has repeatedly demonstrated that one of the most damaging and pervasive problems in our schools today is bullying. That research has shown that bullying leaves its victims with serious and often life-long emotional problems. It has revealed that bullies are substantially more likely than their peers to commit felonies later in their lives. It has even demonstrated that witnesses to the bullying are often affected in serious, lasting ways. Most importantly, it has proven that school officials can dramatically reduce the prevalence of bullying if they implement proven bullying prevention strategies. Nevertheless, in most …