93.136 Model stalking law recommended, 128

94.4 Sexual harassment, the media, and cultural diversity at Swarthmore, 172

94.8 Mail bomb information on Internet, 177

94.36 Physical examinations and sexual battery, 218

94.38 E-mail, institutional liability, and freedom of expression [harassment by E-mail], 220

94.41 Employing Japanese police techniques on campus, 224

94.55 American youth: the best of times and the worst of times [urban crime wave likely], 249

94.57 What Billings has to teach [responses to racist incidents], 253

94.61 Procedures for death notification, 260

94.71 Gender motivated violence act adopted, 278

94.75 Evidence of similar acts in sexual misconduct cases, [new rule 413 of the Federal Rules ofEvidence; Nash v. Auburn University], 284

94.77 Court encourages informal resolution of disciplinary cases [guidelines for informal resolution andmediation in student disciplinary cases], 286

94.84 National sexual assault study [1994 crime bill provision on campus sexual assaults], 299

94.89 Weekend mail bombing in New Jersey, B308

95.1 Teenage alcohol abuse [alcohol abusers responsible for their conduct; alcohol abuse andsuburban youth culture; binge drinking survey; secondary binge effects], 312

95.4 Balancing rights and obligations [physician with AIDS may be required to show he does not posea threat of infecting others in the workplace], 319

95.13 Stanford speech code unconstitutional [interpretation of the "fighting words" doctrine; hurt feelings are not enough; "selected" insults may not beprohibited; distinguishing speech from conduct; alternatives to censorship, including penaltyenhancement; application of First Amendment standards to private institutions; expansiveacademic freedom argument rejected; admission of "undesired members" will not limit Stanford'sfreedom of expression], 332.

95.14 "Fantasies" on the Internet [University of Michigan sophomore arrested for sending threat onInternet; distinguishing threats from fantasies; Internet "addiction"; Saul Bellow on "the distractedpublic"; Alexander Solzhenitsyn on silent reflection] , 336.

95.18 A wave of violence coming [violence not limited to big cities; a culture of violence; arming forself-defense; effective conflict resolution programs; patterns of violence in the past (seventeenthcentury English village); the value of self-control and other traditional virtues (Maryland"housemates wanted" example); prohibiting weapons on campus], 342.

95.22 Student gambling [growth of gambling in American high schools and colleges; prohibitingbookmaking on campus; special risks associated with gambling in fraternity houses], 352.

95.30 Bomb threats [Harvard and Stanford continue to warn faculty members about opening suspiciouspackages; advice on tracing telephone bomb threats], 363.

95.34 Predicting violence [slaying-suicide at Harvard University; "unconventional" people generallyhappier and healthier; suicide "factors" don't predict behavior of individuals; list of "risk factors"for violence] , 368.

95.37 Younger, "suburban" inhalers of heroin, 371.

95.42 Scholarships for sex offenders--and their victims [George Washington University considersbasketball scholarship for high school basketball player convicted of sexual assault; GWU alsooffered scholarship to the young woman assaulted], 379.

95.44 Underage drinking report [Massachusetts underage drinking task force report; "cops in shops"sting program; use of student peer leaders], 383.

95.46 GWU recruitment effort ended [possible scholarship offer to convicted sex offender withdrawn],384.

95.58 Campus security and religious freedom [school knife ban violated Religious FreedomRestoration Act. Solzhenitsyn on legalistic life and the need for voluntary self-restraint], 405.

95.64 Personal accountability and the ADA [three Section 504/ADA cases hold that employees whoengage in illegal or dangerous behavior can be fired or demoted, even if there is a causalconnection between their behavior and a disability; a contrary holding in Teahan v. Metro- NorthCommuter R.R.; Karl Menninger on the need to reassert personal responsibility; the SeventhCircuit in Anderson v. University of Wisconsin held that the University did not violate theRehabilitation Act when it refused to readmit an alcoholic student with a poor grade pointaverage who had "harassed and threatened his legal writing partner"], 417.

96.5 Indecent communications on interactive computer services [adoption of the CommunicationsDecency Act; the indecency standard and the broadcast medium (1978 Pacifica case); JusticesBrennan and Marshall on "the dominant culture's inevitable efforts to force those groups who donot share its mores to conform to its way of thinking, acting, and speaking"], 443.

96.13 Violence in the workplace [voluntary OSHA Guidelines for Preventing Workplace Violence forHealth Care and Social Service Workers; serious mental illness as a "risk factor" for violence;effective police techniques identified], 459.

96.16 Classroom disruption ["new" diversity on campus; troubled students should be held accountable;due process and classroom dismissals; practical advice to faculty members], 466.

96.21 Advocacy journalism and campus crime, [outline of and response to New York Times series oncampus sexual assault; colleges have a responsibility to enforce their own rules, Nzuve v.Castleton State College; significant due process protections must be accorded to the accused;complainants also desire confidentiality; example of St. John's University case; not every sexualassault is a rape; many complainants seek mediation and moderate penalties], 480.

96.22 Resolving sexual assault allegations [Campus Security Act regulations; suggestions forinformation to be given complainants; notification to parents and law enforcement authorities; theimportance of hearing cases before deciding them], 483.

96.41 Alcohol and "state-created danger" [police officers and public agencies may be liable foraffirmatively creating a danger to a foreseeable plaintiff], 538.

96.47 Human nature in cyberspace [misinformation that circulates as fact on the Internet; student homepages may invite harassment; sexual abuse and sexual fantasies on the Internet; legal andethical responsibilities of administrators; Haybeck v. Prodigy: Prodigy Services Corporation notliable for the off-duty sexual behavior of a (subsequently deceased) Prodigy employee "whotransmitted the AIDS virus to a woman he met while participating in an on-line sex chat room runby Prodigy"; pornography and e-mail addiction; advice to students about using the Internetwisely], 549.

96.50 The duty to prevent suicide, [administrators not likely to be held liable if depressed or troubledstudents subsequently attempt or commit suicide; decision of the Supreme Court of Hawaii inPerreira v. Corregedore consistent with Donaldson v. YMCA 539 N.W. 2d 789, 792 (Minn.1995)], 557.

97.2 Ideas and trends: 1997 [diversity, individualism, and common purpose; promoting civility andreducing crime; a renewed focus on the meaning of teaching], 563.

97.4 Defining freedom of expression in cyberspace [U.S. Court of Appeals for the 6th Circuit held inU.S. v. Abraham Alkhabaz (a/k/a/ Jake Baker) that a (then) University of Michigan student didnot violate a federal statute prohibiting interstate or foreign transmission of a threat to kidnap orinjure another person when he posted a sadistic Usenet newsgroup story containing the name ofan identifiable victim. Practice implication discussion of First Amendment "forum" analysis;colleges should be able to adopt and enforce a prohibition against "intentionally or recklesslycausing reasonable apprehension of harm."], 569.

97.5 Liability for misrepresentation in letters of reference [California Supreme Court held thatevaluators who provide only glowing statements about an individual they know or have reason toknow would be a danger to others may be liable for "affirmative misrepresentation"], 572.

97.12 Sexual misconduct cases in the news [reducing the number of sexual assaults; adjudicatingcases], 584.

97.13 The unintended consequences of ACCRA [The "Accuracy in Campus Crime Reporting Act" of1997 would insert the current style of "gotcha" journalism into the heart of the campusdisciplinary process], 586.

97.20 Campus crime, privacy, and video surveillance [students and employees subject to videosurveillance may not have a "reasonable expectation of privacy" in public places and workareas], 607.

97.27 Psychiatric disabilities in the workplace, part I [excerpts from the EEOC "Enforcement Guidance"],623.

97.28 Psychiatric disabilities in the workplace, part II [primary aim of the ADA is to challengestereotypes; people with disabilities are not exempt from reasonable conduct standards; views ofpsychiatrist Kay Redfield Jamison on manic depression and creativity, 626].

97.31 Another step toward "open" disciplinary proceedings, [The Ohio Supreme Court joined theSupreme Court of Georgia in declaring that university disciplinary records are not "educationrecords" as defined in FERPA], 633.

97.33 The ADA does not protect threats of violence, [U.S. Court of Appeals for the Seventh Circuit heldin Marquita Palmer v. Circuit Court of Cook County that "it did not present an issue" under theADA for an employer to fire an employee for "unacceptable behavior," even if "that behavior was precipitated by a mental illness"], 638.

97.48 "Taunting defiance," and the limits of the First Amendment [In Vivian Rice, et. al. v. The PaladinEnterprises Incorporated, the Fourth Circuit held that Palidan Press could be sued over a 1993triple murder committed by a man who used the publication Hit Man as a guide. The court distinguished between advocacy of lawless action, and conduct designed to aid and abet thecommission of a crime, with the intent the crime be committed.], 670

98.1 Law and Policy: 1998 [recent data on substance use by students; outline of suggested policiesand procedures; A recommended approach, identified in Booker v. Lehigh University, involvesestablishing reasonable rules or policies and affirming that adult students have ultimateresponsibility for their own conduct], 684.

98.6 Gambling and student life, part I [gambling raid by the New York City Police Department on the ZetaBeta Tau fraternity house at Columbia University; Congressional testimony by governmentinformant William Jahoda on nature and extent of gambling, including gambling at colleges anduniversities], 698.

98.7 Gambling and student life, Part II [data on extent of youth gambling; pathological gamblingidentified as a mental disorder; suggested gambling policy; Kenneth Keniston on how socialactivists rarely displayed "the kind of self-absorption" seen in regular users of illegal drugs; howeducators can redirect a broad range of self-destructive behavior by students], 701.

98.38 Higher education amendments, Part I [selections from amendments to the Family EducationalRights and Privacy Act (FERPA), and a non-binding "sense of Congress" statement on "BingeDrinking on College Campuses"; issues and suggested policies], 770.

98.39 Higher education amendments, Part II [policy considerations that have to be addressed in light ofnew FERPA amendments; social forces prompting greater governmental intervention in campuslife; parental activism in shaping living and learning environments for students; sociologist AlanWolfe on "morality writ small;" "consensus conference" as a means to solicit communityperspectives], 773.

98.41 Understanding and applying the Family Educational Rights and Privacy Act [interviewwith LeRoy Rooker, Director of the Family Policy Compliance Office for the U.S.Department of Education; editor's note on parental activism], 779.

98.44 Planning for December 31, 1999, part I [some Y2k-related problems may be overlooked; a mediastampede may be on the horizon, creating a sense of panic; Y2K not a matter not to be left in thehands of technicians; interview with Bryan Savage, Testing and Compliance Manager for theYear 2000 project of the Government of the District of Columbia], 788.

98.45 Planning for December 31, 1999, Part II, 791.

98.49 "Voluntarily endured" hazing protected in Alabama [in Jones v. Kappa Alpha, the AlabamaSupreme Court held that a fraternity pledge assumed the risk of hazing, and could not pursue acause of action against a fraternity or its members for the hazing], 803.

99.8 Parents and student conduct [parents seek more structure for their children; proposed parental notification legislation in Maryland], 828.

99.10 EEOC policy guidance on "reasonable accommodation" [SWR commentary: students with disabilities may be held accountable for disciplinary violations; First Circuit opinion on disciplinary codes as "an integral aspect of a productive learning environment"], 833.

99.16 Violence at schools-and colleges ["Guide to safe schools" published by the U.S. Department of Education; young people need "rites of passage"; acts of moral and physical courage at Columbine High School; Erich Fromm on the causes of human destructiveness], 844.

99.17 Individual liability for acts of hazing [in Oja v. Grand Chapter of Theta Chi Fraternity a New York appellate court held that college fraternity members can be held individually liable for acts of hazing; interview with Douglas Fierberg, an attorney who has represented hazing victims], 848.

99.22 Limited liability for sexual harassment by students, part I [in Davis v. Monroe County Board of Education the Supreme Court held that Title IX authorizes a private cause of action for student-on-student sexual harassment; deliberate indifference to "known acts" of such harassment is required.], 859.

99.23 Limited liability for sexual harassment by students, part II [an interview with Catholic University Law Professor William Kaplan], 862.

99.30 The growing culture of gambling [report of the National Gambling Impact Study Commission; high levels of gambling by children and adolescents; sports wagering on college campuses; expansion of Internet gambling], 880.

99.44 Y2K and cyberterrorism [danger of destructive hacking as a component of any Y2K related problems], 913.

99.46 Expanding the university's duty of care [in Knoll v. Board of Regents the Supreme Court of Nebraska held that the University of Nebraska had a duty as a landowner to protect a nineteen-year old student from "foreseeable" acts of unlawful hazing by an off-campus fraternity; interview with law professors Bickel and Lake], 917.

99.48 Limiting public access to college campuses [in Souders v. Lucerno the U.S. Court of Appeals for the Ninth Circuit held that public college campuses are not "public forums" that may be entered at will; review of the 1969 Eighth Circuit decision in Esteban v. Central Missouri State College specifying inherent powers of universities] , 922.

99.50 Responding to student misconduct off-campus, part I [legal authority to discipline students for off-campus misconduct; opinion of the Maryland Attorney General], 925.

99.51 Responding to student misconduct off-campus, part II [defining educational objectives; seeing students as part of an association-on or off-campus; avoiding "country club" judicial systems for upper-middle class youth; giving students a voice in defining policy; interview with Timothy Brooks at the University of Delaware], 927.

00.1 More litigation . . .with no end in sight, part I [ Legalistic life taking root in America; Jerold Auerbach on Darwinism and the law; discovering truth is not the objective of the law; growing tension and incivility in legal practice; Lincoln on lawyering], 930.

00.2 More litigation . . . with no end in sight, part II [Reducing liability risks through good management; commentary on risk management by Tom Hustoles], 932.

00.3 What "duties" should colleges assume? [Holding in Bradshaw v. Rawlings contrasted with Coghlan v. Beta Theta Pi Fraternity (knowledge by university employees that underage students were being served alcohol leads to duty of care)], 935.

00.4 How should the student-university relationship be defined? [overview of cases related to the institutional duty of care; Review of Bickel and Lake on the "bystander university"; concept of voluntary association], 938.

00.5 Sexual harassment and liability for campus crime [decision in Martin v. Howard University, holding that employer may be held liable for a hostile work environment that is created by a non-employee, including those non-employees who were invited or permitted to remain on an employer's premises; Tanja H. v. Regents of the University of California on limited duty to monitor private social activities in residence halls; Souders v. Lucerno holding that state college campus is not a "public forum" like a street or park: College administrators applauded Souders, but need to remember that the more assertive they are in claiming authority to manage the campus environment, the more likely it is they will be found negligent for failing to exercise it], 941.

00.6 Student conduct regulations and the authority to withhold a degree [decision in Robert J. Harwood , Jr. v. Johns Hopkins University holding that the award of a college degree represents more than academic achievement, and includes consideration of the nature and quality of student conduct], 944.

00.10 Protecting student privacy�and the college disciplinary process [decision in The Miami University v. the Chronicle of Higher Education rejected claim that personally identifiable information in student disciplinary records should be available to the public; court also found enforceable federal right under FERPA], 955.

00.14 The duty of care and off-campus internships [In Nova Southeastern University v. Bethany Jill Gross the Supreme Court of Florida held that a university may be liable for the injuries suffered by a student assigned to a dangerous off-campus internship; Nova applied concepts articulated in prior cases; suggestions for reducing the risk of liability in off-campus internships; analysis of student-university relationship], 967.

00.19 Defining the limits of congressional power [In Brzonkala v. Morrision the U.S. Supreme Court struck down the private civil remedy provision in the Violence Against Women Act], 980.

00.26 The limits of "paternalism" under the ADA, part I [In Echazabel v. Chevron, the U.S. Court of Appeals for the Ninth Circuit held that the ADA gives people with disabilities a right to jeopardize their own health and safety, as long as the health and safety of others isn't put at risk; contrary state tort law likely preempted], 1002.

00.27 The limits of "paternalism" under the ADA, part II [Sixth Circuit decision in Doe v. Woodford County Board of Education contrasted with Ninth Circuit decision in Echazabel; pertinent OCR letter findings and "direct threat" analysis presented by OCR Chief Regional Attorney Paul Grossman at June 2000 NASPA program), 1005.

00.28 Students and professors behaving badly, online [Pennsylvania court upholds expulsion of student who used a website to convey threatening content; Indiana court barred a university professor from creating websites designed to give the appearance of belonging to university officials; limited impact of website disclaimers], 1008.

00.30 Responding to disruptive students: A case study, 1014.

00.31 Distinguishing "hate crime" from "hate speech," [Penalty enhancement for bias-motivated crimes; abstract beliefs may not be punished; hateful expression not necessarily an unlawful threat], 1017.

00.33 Limiting the "qualified immunity" defense, Part II [U.S. Supreme Court decision in Wood v. Strickland, warning from Justice Powell about defining "unquestioned constitutional rights"; expanding Section 1983 claims to "supervisory liability"; the importance of being educated about the law–and shifts in public policy], 1022.

00.34 Due process in sexual assault cases [In Schaer v. Brandeis University the Supreme Judicial Court of Massachusetts applied a limited "basic fairness" standard in reviewing disciplinary cases at private institutions of higher education; growing press criticism of how campus sexual assault cases are resolved; OCR Title IX policy guidance requires colleges to "respond promptly" to sexual assault allegations], 1025.

00.35 Resolving sexual assault allegations: A case study, 1028.

00.36 The danger of "zero-tolerance" policies [Holding by U.S. Court of Appeals for the Sixth Circuit in Seal v. Morgan suggests that the elimination of discretion in assessing disciplinary sanctions (especially a failure to consider an accused student's intent) may violate substantive due process; danger of eliminating intent requirements in plagiarism and other academic dishonesty cases],1032.

00.42 Liability for suicide: Failure to notify parents of suicide threats, [In Jain v. State of Iowa the Supreme Court of Iowa held that no "special relationship" exists in the student/university relationship requiring a change in the general doctrine that third parties are not responsible for a person's decision to commit suicide], 1049.

00.43 Preventing suicide [Maryland appellate decision in Eisel v. Board of Education contrasted with Jain v. State of Iowa; data on youth suicide; new research on suicide prevention; danger of under reaction to suicide threats ], 1052.