Legal Question in Education Law in Texas

Hello, I have a several questions (my apologies) about practices at a college/university that is performing and would appreciate any guidance/advice on the subject:

Can a nursing-school force you to practice on other students and be forced to allow them to practice on you that would cause unauthorized touching and that could/has potentially cause harm (physical/psychological), since the practice was not disclosed prior to entering the program and informed consent was not obtained (in which students are practicing medical procedures/examinations); assuming of course that a reasonable alternative(s) that would accomplish the same academic goal could be provided to the student? Can they force a student to remove articles of clothing in front of other students, such that it could/would subject the student to humiliation/intimidation and infringe on their privacy? If the instructor themselves touches the student (despite if actual or serious harm occurred) without their authorization or written consent, potentially creating a hostile academic learning environment, can the student file charges against the school/instructor and what charges (if any) may be applicable? (All of this is assuming that the student has made reasonable efforts to discuss the situation with administrators, but administrators failed to respond to the student and did not protect the student).

Thanks for any assistance/guidance that is provided.


Asked on 9/30/10, 9:32 pm

1 Answer from Attorneys

R Gary Stephens Stephens & Stephens

Absent a statute permitting touching, etc. in the career field you are being schooled, you are right that a battery (an offensive touching) has occurred. Write a letter to the instructor and the administration complaining about the touching and humiliation. Send it CM RRR and send a copy to the State Board of Education.

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Answered on 10/06/10, 10:49 am


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