According to a New York Times report, Penn State, its administrators and staff could potentially be the targets of civil lawsuits seeking $100 million in damages. In addition, investigators have visited the Penn State campus for a Clery Act investigation. Named for a raped and murdered Lehigh University student, this act requires colleges and universities participating in federal financial aid programs to record and disclose information about crime that occurs on and near campus.

We consider the situation at Penn State to be in its own category. Even in light of subsequent allegations at Syracuse University, scandals of equal magnitude are the exception rather than the rule. Yet many universities are potentially at risk on an everyday basis through actions of negligence and benign neglect. Regarding the Clery Act, they may also be at risk of a failure to document and report criminal acts.

Fraternity parties. Because many fraternity houses are off campus, college administrators have adopted a policy of benign neglect regarding weekend parties. Owing to their geographic location, these houses are beyond the university's jurisdiction and control. However, the school will be at risk should an intoxicated student later injure himself or herself after returning to school property. Of course, the school's risk will be far greater if the student dies of alcohol poisoning while on school property.