In a recent split decision, the Supreme Court for the state of Washington clarified the extents of a university’s duty towards its students in a case of off-campus assault. As per the majority, a university is responsible for protecting its students from foreseeable harm inflicted by other students, but only on its campus or at university-controlled events. This depends on the student’s enrolment and presence on campus.
The case arose after Madeleine Barlow filed a negligence suit against Washington State University. The basis was an incident involving another student, Thomas Culhane, who assaulted her at a party held at his off-campus apartment. The 5-3 court answered two certified questions from the U.S. Court of Appeals for the Ninth Circuit related to this suit.
According to the Supreme Court of Washington, a particular type of relationship does exist between a university and its students. However, the court has now clarified that the duty is restricted strictly to university property and activities it controls.
The full court decision contains more detailed information on this matter, and is easily accessible on the Law.com website.