Развитие правового обеспечения личной безопасности обучаемых в образовательных организациях высшего образования США

Abstract

The paper presents the results of a study of the main general features of the development of legal support for the personal safety of students and graduates, including postdocs, American universities and colleges in the current conditions of the spread of coronavirus infection, which exacerbate the financial and economic crisis on a global scale, as well as negatively affecting the integrity of students who are forced to study remotely on university campuses. The subject of the study was the relations that arise in the process of implementing primarily civil law, as well as, in part, administrative- and criminal law relations between the administration and teachers of universities and colleges on the one hand and students on the other, as well as between students in interpersonal communication, in the process of which situations of an illegal nature arise that require resolution primarily through the use of civil law methods and means of prevention and counteraction to ensure the personal safety of subjects of educational activity. In the process of conducting the study, logical, analytical, historical and legal, empirical, strategic management, instrumental and other basic methods of cognition of objective reality in the legal field under consideration were used. The scientific novelty of the study was made up of innovative approaches to the legal provision of personal security of students (graduates) of US universities, the results of which were the following main conclusions, according to which, first, the current negative state of affairs in relation to students, including PhD students and postdocs and assistant professors, can be corrected through the revision of legislative policy for grant support, allowing you to promote an increase in the number of scientific educational charities (to make it really profitable for the state and for the business community) who have substantial financial capabilities, and thereby expand the possibilities for financial support of this category of persons due to be concluded with them, along with employment agreements, contracts of civil nature for scientific research, as well as the implementation of their educational and methodological activities and, secondly, in modern society there is no place at all for such rules, which are established today by the current version of Title IX of the Code of Laws of the United States. In turn, universities should continue to independently maintain proper order within their walls and discipline themselves by civil law methods - general rules of tort and contract law (which, in our opinion, is most suitable for civil law methods of ensuring the personal safety of students and other direct participants in the educational process), as well as, if necessary, administrative and criminal legislation, respectively, which are known to automatically terminate civil law norms if there are relevant cases of an exceptional nature that require direct intervention by law enforcement agencies of the state. Such a regime would allow different approaches to be applied, corresponding to the diversity of existing social and legal institutions. And yet, as long as the United States Government enforces the regulations of Title IX of the United States Code of Laws, only clear and well-defined rules will help ensure the personal safety of students and other participants in educational activities, protect proper intra-university management procedures and freedom of speech from the university culture that they sacrifice because of the actual «insanity» of young people – students and a certain fervor of middle-level university administrators, which often has a political connotation.