The Journal of College and University Student Housing - Volume 44, No. 3 - 129

Legal Consciousness

the aforementioned issues. in the event that a
student did face sexual harassment, sexual violence or discrimination, the university had an
obligation to intervene and address the issue
in a timely manner (Beaver, 2017). residence
life staff has a responsibility to ensure that
facilities have limited or controlled access to
residents and their guests, and safety concerns
are addressed and resolved in a timely manner.
residence life staff members can become negligent when they fail to "exercise reasonable
care or provide a reasonably safe place to live"
(Dimaggio, 1988, p.16). Miller v. State (1984)
serves as an example; a female student was attacked and raped twice at knifepoint in her residence hall room. this incident was following
multiple complaints by miller communicating
concerns that nonresident males were loitering in the residence hall. Despite her reports,
the doors to the residence hall remained unsecured and vulnerable, and thereby posed a
major risk to safety (White, 2007). the court
found the university had a duty to protect its
students and in this instance, it failed to maintain the safety and security of the residence
hall, creating opportunities for incidents like
the one above to occur (White, 2007).
along with safety and security, housing
staff members need to maintain and manage
risk. in the event of inclement weather, residence halls remain open and monitored. facility maintenance and housing staff need to
monitor severe weather conditions and implement weather related preparation and emergency procedures. in Shannon v. Washington
University (1978), henry shannon sued Washington university when he fell on a patch of
ice following an ice storm. in line with the university's policy of remaining open regardless

of weather conditions, shannon attended his
classes to avoid an absence penalty. although
campus grounds had worked to remove ice
and salt walkways and parking lots, some icy
patches remained (Shannon, 1978). for most
universities with on-campus housing, residence halls and a limited amount of campus
dining facilities are required to remain open to
serve the students even in severe weather conditions. Washington university was found to
be liable for the injuries sustained and ordered
to compensate shannon.

Concealed Campus Carry in
Living Communities
one area of contention is the laws and guidelines surrounding concealed campus carry.
in recent years, campus violence has been
on the rise, creating a highly charged debate
about campus carry laws, active shooter procedures, and other emergency protocols. the
debate over firearms on college and university
campuses is complex. "twenty years ago, any
discussion about permitting guns on college
campuses would have provoked as much
laughter as shock. yet by 2012, guns were
allowed on 200 public campuses in six states"
(Birnbaum, 2013, p. 7). on campuses where
residents are allowed to secure guns in their
personal rooms, residence life staff members
find themselves involved in a highly charged
national, state and local debate, while also enforcing a policy that can have a direct effect
on students' health and safety. given the complexity of the issue, the legal consciousness of
the residence life staff with regard to firearms
and other weapons in residence halls is critical. What makes compliance in this area challenging is that while federal provisions apply
to all public institutions, the differences in
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The Journal of College and University Student Housing - Volume 44, No. 3

Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 44, No. 3