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Frequently Asked Questions about Liability
Can colleges and instructors mandate an academic Service-Learning component?
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Yes. The Federal Court upheld the legality of a mandatory service
requirement for students in school district in Pennsylvania. If you are concerned
that students may challenge the requirement, you can allow them to perform
alternative academic tasks.
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What if a student gets injured, while at or returning from their service activity?
If a student is involved in a collision on the way to or returning from a service activity,
the college is ordinarily not liable for the student’s injuries, regardless of whether
the students or the other driver was at fault. However, a court may fine the college
partially liable of it is exercising some control over transportation, perhaps assigning
drivers. Thus, providing or arranging for transportation increase the chance of liability.
Madonna University bear no special duty of care to their students unless a special
relationship arises in which the school assumes responsibility for students’ safety,
creates a relationship of dependence, or deprives them of their normal means of
self protection.
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What if a third party injures a student?
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Madonna University owes no special duty to protect their students
from the intestinal acts of the third parties. Unless an injured
student can show that the institution had some reason to believe
that the student was a specific risk of harm, the student’s legal
case will not succeed. The course materials describing the academic
service-learning experience should not give a misleading or false
impression of security or protection.
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How can I reduce the likelihood that nothing will injure my students?
One of the most crucial aspects of setting up an academic service-learning
component is making sure students are not at risk when they are performing
the service. Prevention is the key.
- Pairs and trios: Students should go in pairs
or trios to work in soup kitchens, homeless shelters, schools, or other
organizations where those receiving services may exhibit unpredictable
and possibly dangerous behavior. In general, it is good practice not to
send students out alone.
- Supervision: It is important that a
representative of the organizations be present at all times to
handle emergencies, provide guidance, and to help students
learn the skills of the job.
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Should I use a Risk Release Form?
Do I have to worry about interfering with the Fair Labor Standards Act?
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Yes. You could be creating a situation that may be in violation of federal
labor laws if your students perform work that a paid employee might do
otherwise. It is important to make sure that your students do not receive
any type of compensation and are not in any way economically dependent
on the organization.
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