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Thinking through Columbia's inaction
A commenter to this post on Columbia University's failure to act after student activists forcibly shut down a campus visit by the Minutemen wonders what kinds of liability issues President Bollinger might be creating for the school:
The failure of university administrators to discourage such thuggish behavior as we saw in the Tancredo and Minutemen incidents increases the likelihood that someone will be seriously injured or, heaven forbid, killed.Which raises the interesting possibility of legal action against the institution, on the grounds that its administration was negligent, if not complicit, and should have foreseen the consequences of their decision not to discourage thuggish behavior. After all, if you can sue McDonald's and win because they served coffee that's too hot . . .
Even if such a lawsuit were to be unsuccessful, can you imagine the amount of bad publicity that would deliver to the hapless school's doorstep?
Bollinger has sent the message that heckler's vetoes, physically threatening behavior, and so on are perfectly acceptable at Columbia, at least when the people employing them are on the right side of the political dividing line. Readers are invited to comment on what, if any, potential impact this may have on Columbia's vulnerability to future legal action should someone get hurt in an activist-led melee.
Posted by acta online on December 07, 2006 at December 7, 2006 08:37 AM
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Comments
If someone was injured in an activist-attack during a political event at Columbia, the following groups and individuals would be sued: The attackers; Columbia University.......AND the group or individual sponsoring the event. It is likely that the speaker or speakers would be sued as well. IMO it is negligent (and very niave) for conservative groups to sponsor events on college campuses without proper security. Conservatives know that almost any event they sponsor will be controversial; will be disrupted by left-wing activists; and that physical violence and injury is a real possibility. You cannot sponsor such events, knowing the liklihood of violence, without providing security for those who attend. Perhaps conservative student groups think that by permitting their events to be disrupted and the attendees and speakers to be threatened or even beat up, they will gain sympathy from the general public. If that is the case it makes me cringe: conservatives allowing themselves and others to be victimized so they can present themselves as victims. A policy of allowing a dangerous and humiliating situation to occur in order to bring attention to your cause is negligent and stupid, and has 'legal liability' written all over it. The solution is to make sure that all conservative events on campuses are provided with security that is capable of protecting life and limb; protecting the speaker; protecting the lights; protecting the microphone; and, finally, capable of showing, and, if necessary, throwing, disruptive individuals out of the event. Anything less than that and conservative groups are asking to be sued........along with the university and those who attack them.
Posted by: fred at December 7, 2006 12:44 PM
Right, "fred"--conservative groups' "permitting", "allowing", "asking to be" "caused" the Pavlovian "response" of the leftist riff-raff at Columbia. By the way, don't count on getting any briefs from ME in future . . . Any REAL lawyers care to comment?
Posted by: Jacques Albert at December 8, 2006 06:59 AM
"It is likely that the speaker or speakers would be sued as well."
Why? What duty did they breach?
Posted by: Federal Dog at December 8, 2006 07:54 AM
This memo is from the University of Wisconsin- Madison. It strongly recommends that any group sponsoring a political event have "Special Events Insurance" in case they're sued for, among other things, "improper security." It would seem that security, or lack of same, for campus political events is a serious issue.
Here's the web site:
http://www.bussvc.wisc.edu/risk_mgt/brochure.html
Here's the memo:
Special Events Insurance
Designed for Student Organizations or Other Groups Using University Facilities
What is it?
Special events insurance is liability protection for organizations that host activities that are not included in the University's insurance program. This program provides liability coverage and legal defense for claims of negligence brought on the basis of mismanagement, IMPROPER SECURITY, misleading representations, or failure to maintain equipment/fixtures (to name but a few.)(emphasis added)
Why do we need this?
In today's litigious society, event organizers face potential liability suits from spectators, contractors, and customers. Even if a suit is unjustified, the cost of defense can be significant.
Who needs it?
Any group or individual organizing an event on campus which may pose a liability risk should consider this program.
What will it cost?
Premium costs are determined based on the nature of the event, the anticipated number of participants, and the number of days. While it is impossible to quote rates without detailed information about the event, we can say that premiums for this program are almost always considerably lower than any similar policy you could buy as an individual on the open market.
What kind of events may need this coverage?
art shows
concerts
exhibits
dances
festivals
political rallies
cattle shows
recreational events
sporting events
parades
conventions
any other event that may pose a liability threat (our office can advise you on this)
How can I get more information?
If you wish to enroll, or have specific questions, please contact:
Tracie Taylor
Information you will need to furnish includes the following:
Sponsoring Organization
Contact Person's Name
Address
Phone Number
Email address
Date(s) of event
Description of Event
Projected Attendance
Security Provided
Other entities who will need to be listed as "additional insured"
After contacting Risk Management, you will be quoted a premium. Payments should be made payable to the University of Wisconsin System Board of Regents and forwarded to Risk Management. Information and payments must be received 10 days prior to the event. Upon receipt, you will be issued a Certificate of Insurance.
Coverage underwritten by:
Gales Creek Insurance Services
Union Station
800 N.W.6th, Suite 335
Portland, OR 97209
Posted by: fred at December 9, 2006 01:51 PM
Right, "fred"; we know anybody can be sued for anything in the States (yawn). Thanks for sharing, but the primary issue in the above article seems to be how President Bollinger's craven inactions exemplify the now forty or so year tradition of sniffing administrative indifference to leftist intimidation and violence on campuses.
Posted by: Jacques Albert at December 11, 2006 05:19 AM