72 The Journal of College Orientation and Transition

Harassment, Hazing, Housing and Other Issues:  
The Law and Your Campus
Edited by Daniel J. Gephart
LRP Publications, Horsham, PA , 2000, 96pp.

Reviewed by Dr. Thomas Ware
Director, Student Support Services
Bevill State Community College
Fayette, AL

The prudent college administrator and faculty member has a real interest in keeping 
abreast of the rapid changes that occur in the legal environment as it relates to colleges 
and universities. Failure to do so can result in some unpleasant consequences for the 
institution with needless legal expenses and court settlements.  This can be especially 
difficult for institutions in an age of shrinking public resources. The surest method of 
avoiding legal pitfalls is education (training). Therefore, Gephart’s work should be 
required reading of all personnel employed in colleges and universities that deal with 
academics, student records, housing, and extracurricular activities.

The book was logically organized into chapters covering the most common areas of 
litigation that occur in higher education, including harassment, housing, fraternities, 
disabilities, FERPA (the Family Educational Rights and Privacy Act), athletics, and 
other notable cases organized together in a chapter entitled, “Etc.” Each case began with 
a descriptive title and a lesson to be learned from the case followed by a brief narrative 
of the case and its results. At the conclusion of the summary, the actual court case was



73Spring 2003  •  Volume 10, Number 2

cited. The appendix of the book contained the full text of the majority opinion of some of
the more significant and groundbreaking decisions.

The first chapter on harassment contained a variety of interesting cases to the higher
education professional. One case involved university liability for a hostile environment
created by a visitor. Another cautionary case demonstrated the need for colleges and 
universities to take email harassment claims seriously. The major area of concern with
regard to harassment for colleges and universities is sexual harassment. Three cases are
discussed that involve sexual harassment between agents of the university and students.
The reader can glean from these cases that one should be vigilant, consistent, and strictly
adhere to established procedures in dealing with harassment claims.

Student housing is another area full of possible litigation for higher education 
institutions, and Gephart’s second chapter discussed several cases from this aspect of 
student affairs. One case of interest was in New York where a court ruled that colleges
and universities in that state have final authority over roommate selection in student
housing. A different case found that the university was not liable for a student falling
from a bed because bed rails were not legally mandated in that state. Another case
involved a student with a disability claiming discrimination and harassment by 
university officials. The student was cited for safety violations for having boxes and 
furniture blocking egress from the student’s room. When the student was eventually
asked to move out of the residence hall for failing to take action, the student claimed 
discrimination. The court found that the university was not responsible for moving the
items for the student because that would constitute services of a “personal nature,”
which, according to the Office of Civil Rights, are not required.

The third chapter covered was Greek affairs, which has been noted for numerous
incidents of litigation. The first case involved the issue of hazing, and it was determined
that national fraternities must take an active role in enforcing prohibitions on the hazing
of pledges. Further cases illustrated the need for institutions to be proactive in preventing
hazing and to make sure such measures will hold up under scrutiny in court. One case 
of note found that colleges could face liability for injuries if they allow employees to
supervise fraternity parties.

The next chapter outlined several important cases in the area of individuals with 
disabilities. One major case ruled that colleges do not have to make accommodations for
students with disabilities if doing so would compromise the integrity of the academic
program. Another case demonstrated the wide latitude that courts give to academic
affairs administrators. A student with a disability was dismissed from an academic 
program for having poor grades even after accommodations were made. The court 
found no wrongdoing on the part of the college. Another case ruled that colleges and 
universities, not the college officials themselves, were liable for claims of discrimination
under the Americans with Disabilities Act (ADA). Other cases included those covering
the scope of ADA, contact personnel for ADA, and accessibility.

The Family Educational Rights and Privacy Act (FERPA) constituted the fifth 
chapter of the book.  FERPA is certainly a source of liability issues for higher education
institutions. Gephart’s selection of cases was representative of the varied nature of
FERPA. A noteworthy case informed the reader that only tangible records are covered



74 The Journal of College Orientation and Transition

by the legislation, not personal notes, conversations between college officials, or records
that are kept in the sole possession of their creator. Other cases involved disclosure of
records to third parties acting on behalf of the institution, tape recordings of student
teaching activities, and testing for properly informing students of a subpoena of their
educational records.

In light of recent injuries surrounding celebrations of collegiate sporting events,
Gephart’s chapter on liability in the realm of athletics was particularly enlightening. A
cited case illustrated this point when numerous students at the University of Wisconsin
were injured in a stampede while trying to get on the football field during a post-game
celebration. The students were trampled when fans tried to get through gates in a fence
that surrounded the field. Students sued the university claiming that they should have
been aware that a stampede was possible. The Wisconsin Supreme Court disagreed 
when it ruled that the university officials were free from liability because they used 
professional judgment in having the fence erected. Other cases pertained to liability for
intramural athletics, injuries to ballplayers at university playing fields, and repayment of
scholarships for athletes who fail to qualify academically.

The final chapter of the book was a collection of cases in a variety of areas and
appropriately entitled, “Etc.” Some of the more interesting cases presented by Gephart
identified that trespassers have no right to use university facilities, committees that
appropriate student activities fees must hold public meetings, and colleges are not
responsible for student safety during off-campus activities. The final case consisted of a
ruling that college yearbooks are nonpublic forums and, therefore, a university may
restrict their distribution without infringing on the free speech rights of the students.

Harassment, Hazing, Housing and Other Issues: The Law and Your Campus would
make a useful resource for any higher education employee. However, there is one caveat
to consider. Most of the cases presented by Gephart are from the mid- to late-1990s. The
legal environment in America, particularly with regard to education, is quite fluid, and it
would be irresponsible for a college or university official to read this book and assume
that these cases are a definitive guide to follow in liability decision-making. Also, the
legal environment does vary from state to state, so Gephart’s work should certainly not
be considered an exhaustive work on the topic. The book would, however, make a great
addition to a comprehensive plan to educate employees about legal issues they may
encounter in conducting the day-to-day activities related to their jobs. The book would
also be useful in graduate programs training higher education leaders of tomorrow.