Liability and Litigation Risks for Colleges and Schools of Pharmacy

Abstract

The potential for legal liability involving faculty members and students in higher education settings is a topic that warrants serious attention by administrators. Specific areas identified as high risk include dismissal of a faculty member, denial of tenure, misappropriation of grant-funding, intellectual property conflicts, Family and Medical Leave Act (FMLA) issues, sexual harassment, student suspension, disabilities, and student privacy issues. Examples of litigation in the higher-education setting are presented, along with a list of online resources for additional information. It is important for higher education administrators, faculty members, staff members, and students to recognize the currently accepted legal rights and responsibilities associated with these high-risk areas.

Pharmacy practice faculty and preceptor development

“…To ensure ideal management of the learning environment, faculty, and preceptors should be trained on methods to address challenging student situations. Common areas where instructors report difficulty with learners include managing and providing reasonable accommodations for students with disabilities, assisting students with mental health or academic entitlement issues, maintaining academic integrity and developing methods for successful remediation, lacking expertise in advising/mentoring, and having a limited understanding of the litigation risk when making decisions regarding individual students 42‐48 . Colleges and schools of pharmacy should provide access for faculty and preceptors to institution‐specific policies and procedures related to interactions with students.…”

“…The 2016 Standards describe the necessary policies to minimize litigation risks 5 . Potential areas of litigation related to pharmacy education include sexual conduct and harassment (Title 9); honor code and professional conduct; processes for progression, remediation, and dismissal; grants administration; accommodations for disabilities; privacy (Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act (HIPAA)); and recordkeeping 48 …”

Cultural Competency in Health Care and Its Implications for Pharmacy Part 3B: Emphasis on Pharmacy Education Policy, Procedures, and Climate

“…Admissions policies and criteria should be examined to ensure that all admission requirements are necessary for academic performance and do not unduly exclude individuals with disabilities that do not directly affect their academic performance or ability to practice pharmacy . Pharmacy colleges are not required to lower their standards with respect to reasonable physical and mental qualifications; however, they must be able to justify their academic and performance requirements and determine whether alternative methods exist to accomplish them …”