EDU-528-Risk Prevention Study

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Grand Canyon University *

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528

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Law

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Jan 9, 2024

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Risk Prevention Case Study: Orin v. Barclay Erin L. Krueger College of Education, Grand Canyon University EDU-528: Laws and Ethics of Student Affairs Jeremi Smith November 8, 2023 1

Risk Prevention Case Study: Orin v. Barclay One example of a higher education legal situation is the lawsuit of Orin v. Barclay. Within this case, the different sources of law that were relevant include both state and federal constitutional law and common law. Orin v. Barclay was a lawsuit where the plaintiff, Benjamin Orin, sued the Dean of Students of a community college, Richard Barclay. Orin was pro-life activist who asked Barclay to hold a protest on campus, stating that he had the right to assemble based on The Bill of Rights and his first amendment right of freedom of speech. Barclay granted him permission under the agreement that Orin would not disturb student learning, interfere with campus activities or school buildings, or actively engage in religious activities. During the protest, Orin was monitored by campus security, and was eventually asked to leave due to student complaints about the protest. Refusing to stop the protest, Orin was arrested for trespassing by local law enforcement ( Re: Benjamin K. Orin v. Richard Barclay, et Al. , n.d.). Abortion is a very politically debated subject, and Orin felt as though his first amendment right was violated in this situation, which is protected under federal and state constitutions and common law. Dispute resolution is defined as the process in which conflict is resolved as an alternative to having a court hearing ( Dispute Resolution Processes , 2018). In this case, I feel as though dispute resolution could have been a viable optio n to help mitigate the situation, but, ultimately, Orin was very firm in his decision to protest. It was very clear from the beginning that Orin was going to actively fight to have his voice be heard. However, if Orin and Barclay could have worked more collaboratively before the situation, dispute resolution could have assisted with a more peaceful protest. Abortion is a sensitive topic that many people have strong feelings about, which is why this case got so out of hand. Having a united front, laying out the ground rules 2

extensively beforehand, and encouraging a peaceful protest all could have helped maintain a safer environment for everyone. As a student affairs professional, I would have notified different departments on campus prior to this event. Similar to this case, I would have contacted campus security to help ensure the safety of all students. I also would have contacted campus student life and health centers, as they would be able to provide research and information on both pro-choice and pro-life regarding this topic. Students would have the opportunity to make informed decisions on the matter with these centers having involvement. One more department that I would have notified would be campus advising and counseling centers. Because abortion is a touchy topic, the protest could spark some underlying issues or mental health struggles among students that may need some professional guidance. Based on research, having a collaborative partnership across departments provides higher education institutes to solve issues together to maintain a safe environment for students (Eddy, 2010). In this particular case, there were preventative laws that could apply. According to Hachiya et al., preventing liability should be at the forefront of a school’s daily operations (2014). If universities would focus more on prior risk prevention, they wouldn’t have to worry about liabilities for anything during situations such as Orin’s protest. If the concept of risk and crisis prevention was set in place, then legal actions might not have had to be taken. There are four components of preventative law: the anticipation of legal issues, the evaluation of those legal issues, the consideration of the effect of the legal issues, and implication and/or modification in response to the other three steps (Hichiya et al., 2014). With this to consider, preventative law definitely could have played a factor in the Orin v. Barclay case, assisting in creating and maintaining a safe campus community. 3

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