Releases of Liability for Service-Learning Programs: Effective, Innocuous, or a Waste of Time?

Authors

  • Franklyn Salimbene

Abstract

This paper examines the enforceability of releases of liability relating to college and university students engaged in service-learning. It reviews cases where universities were sued for injuries incurred by students and where signed releases were offered in defense. It then examines key guidelines that courts apply in determining whether such releases are adequate. The paper concludes by offering service-learning educators a number of practical suggestions for drafting and utilizing releases with students engaged in service learning.

Author Biography

Franklyn Salimbene

FRANKLYN P. SALIMBENE is a member of the Massachusetts bar and senior lecturer in law at Bentley University in Waltham, Massachusetts. He also is director of the Bentley Service-Learning Center. In 2005, he was appointed Visiting Professor of Service-Learning at the Quinn School of Business at University College Dublin in Ireland. His most recent writings include papers on the role of service-learning in business education and the development of international service-learning partnerships.

The author wishes to thank Jonathan Darrow of Plymouth State University for his diligent and timely research assistance in preparing this paper.

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Published

12/28/2011

Issue

Vol. 3 No. 1 (2011)

Section

Research and Theory

License

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