But I'm back. Last time you didn't read me (this site has darned few visitors) I was expressing my disappointment in K-State's accountability to its students (particularly one) relating to a middle of the night attack in Goodnow Hall. I asked the University to cover unpaid education and medical bills. K-State declined, failing to see my argument that they were liable in this case by letting the assailant into the residence hall.
I've been researching a previous case relating to residence hall security, from 1993: Nero vs. Kansas State University.
This is from a recent paper from the University of Georgia on institutional liability relating to sexual crimes by student athletes.
From Institutional Liability for the Sexual Crimes of Student-Athletes:
A Review of Case Law and Policy Recommendations
Joy Blanchard
Courts also have held universities liable for a duty of care assumed through the campus housing contract vis à vis landlord-tenant relationship.73 In Mullins v. Pine Manor College74, a court rejected an institution’s in loco parentis immunity claims and held that the institution was negligent in failing to provide security when a resident was abducted by an intruder. Further, in Nero v. Kansas State University,75 a court found the University liable for a student’s assault because administrators failed for to notify her of the foreseeable danger created when an accused rapist was assigned to her coed residence hall.76
While it can said that universities have given more responsibility to students over the years, the university can't be negligent about its core duty for security at residence halls. Unfortunately, it has proven negligent in the past. I believe it is negligent now, 14 years later.
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