Introduction

This article examines Georgia statutes concerning board of regents responsibilities and student safety in the context of campus activities.

Scenario

A college in Macon, Georgia, permits a student organization to host an evening event on campus grounds. The event includes physical activities and obstacle courses set up in the quad area. No college staff supervises the event, despite the known risks of the activities. A student participant falls from an improperly secured climbing wall, suffering serious injuries. The college had approved the event but provided no safety oversight or equipment inspection.

Georgia Law

Board of Regents Powers

Georgia Code § 20-3-31: “The board of regents shall have the power: (1) To elect or appoint professors, educators, stewards, or any other officers necessary for all of the schools in the university system; to discontinue or suspend any of such personnel; and to fix their salaries or compensation; (2) To make such reasonable rules and regulations as are necessary for the performance of its duties.”

Premises Liability

Georgia Code § 51-3-1: “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

Sovereign Immunity Waiver

Georgia Code § 50-21-24(7): “The state waives its sovereign immunity for the torts of state officers and employees while acting within the scope of their official duties or employment and shall be liable for such torts in the same manner as a private individual or entity would be liable under like circumstances; provided, however, that the state’s sovereign immunity is waived subject to all exceptions and limitations in this article.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes a student injured at an unsupervised campus event in Macon, Georgia. Georgia Code § 20-3-31 addresses board of regents powers. Georgia Code § 51-3-1 establishes premises liability. Georgia Code § 50-21-24 addresses sovereign immunity waivers. These statutes establish the framework for college liability under Georgia law.

FAQ

Q: What powers does Georgia Code § 20-3-31 grant the board of regents? A: Georgia Code § 20-3-31 grants power to “make such reasonable rules and regulations as are necessary for the performance of its duties.”

Q: What duty does Georgia Code § 51-3-1 impose on property owners? A: Georgia Code § 51-3-1 creates liability “for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

Q: When does Georgia waive sovereign immunity under Georgia Code § 50-21-24? A: Georgia Code § 50-21-24(7) waives immunity “for the torts of state officers and employees while acting within the scope of their official duties or employment.”

Q: Where are higher education governance laws found in the Georgia Code? A: Higher education governance laws are found in Georgia Code Title 20, Chapter 3.

Q: Does Georgia Code § 51-1-2 apply to educational institutions? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.