A Legal Guide for Student Affairs Professionals

Abstract

Notice of Web Site and Periodic Supplements for This Edition. Preface. Acknowledgements. The Authors. PART ONE PERSPECTIVES AND FOUNDATIONS. 1 Overview of Higher Education Law. 1.1. How Far the Law Reaches and How Loud It Speaks. 1.2. Evolution of Higher Education Law. 1.3. The Governance of Higher Education. 1.4. Sources of Higher Education Law. 1.5. The Public-Private Dichotomy. 1.6. Religion and the Public-Private Dichotomy. Selected Annotated Bibliography. 2. Legal Planning and Dispute Resolution. 2.1. Legal Liability. 2.2. Litigation in the Courts. 2.3. Alternate Dispute Resolution. 2.4. Institutional Management of Liability Risk. 2.5. The Relationship Between Law and Policy. Selected Annotated Bibliography. PART TWO THE COLLEGE, ITS GOVERNING BOARD, AND EMPLOYEES. 3. The College and Its Trustees. 3.1. The Question of Authority. 3.2. Institutional Tort Liability. 3.3. Institutional Contract Liability. 3.4. Institutional Liability for Violating Federal Constitutional Rights (Section 1983 Liability). Selected Annotated Bibliography. 4. The College and Its Employees. 4.1. Overview of Employment Relationships. 4.2. Employment Contracts. 4.3. Collective Bargaining. 4.4. Personal Liability of Employees. 4.5. Employment Discrimination. 4.6. Affi rmative Action. 4.7. Application of Nondiscrimination Laws to Religious Institutions. 4.8. Faculty Academic Freedom and Freedom of Expression. Selected Annotated Bibliography. PART THREE THE COLLEGE AND ITS STUDENTS. 5. The Legal Status of Students. 5.1. The Legal Status of Students. 5.2. The Contractual Rights of Students. 5.3. Student Academic Freedom. 5.4. Students' Legal Relationships with Other Students. 5.5. Student Files and Records. Selected Annotated Bibliography. 6. Admissions and Financial Aid. 6.1. Admissions. 6.2. Financial Aid. Selected Annotated Bibliography. 7. The Campus Community. 7.1. Student Housing. 7.2. Campus Computer Networks. 7.3. Campus Security. 7.4. Other Support Services. Selected Annotated Bibliography. 8. Academic Policies and Concerns. 8.1. Overview. 8.2. Awarding of Grades and Degrees. 8.3. Sexual Harassment of Students by Faculty Members. 8.4. Evaluating Students with Disabilities. Selected Annotated Bibliography. 9. The Disciplinary Process. 9.1. Disciplinary and Grievance Systems. 9.2. Disciplinary Rules and Regulations. 9.3. Procedures for Suspension, Dismissal, and Other Sanctions. Selected Annotated Bibliography. 10. Students' Freedom of Expression. 10.1. Student Protests and Freedom of Speech. 10.2. Speech Codes and the Problem of Hate Speech. Selected Annotated Bibliography. PART FOUR: THE COLLEGE AND ITS STUDENT ORGANIZATIONS. 11. Student Organizations and Their Members. 11.1. Student Organizations. 11.2. Fraternities and Sororities. 11.3. The Student Press. 11.3.6. Obscenity and libel in private institutions. Selected Annotated Bibliography. 12. Athletics. 12.1. General Principles. 12.2. Athletes' Due Process Rights. 12.3. Athletes' Freedom of Speech. 12.4. Pertinent Statutory Law. 12.5. Athletic Scholarships. 12.6. Sex Discrimination. 12.7. Discrimination on the Basis of Disability. 12.8. Drug Testing. 12.9. Tort Liability for Athletic Injuries. Selected Annotated Bibliography. PART FIVE: THE COLLEGE AND THE OUTSIDE WORLD. 13. Local and State Governments. 13.1. Local Governments and the Local Community. 13.2. State Government. Selected Annotated Bibliography. 14. The Federal Government. 14.1. Overview of Federal Government Authority. 14.2. Copyright Law. 14.3. Trademark Law. 14.4. Antitrust Law. 14.5. Americans with Disabilities Act. 14.6. Laws Regulating Computer Network Communications. 14.7. Federal Taxation of Postsecondary Education. 14.8. Federal Aid-to-Education Programs. 14.9. Civil Rights Compliance. 14.10. Dealing with the Federal Government. Selected Annotated Bibliography. 15. Private Entities. 15.1. Education Associations. 15.2. Accrediting Agencies. 15.3. Athletic Associations and Conferences. 15.4. Private Business. Selected Annotated Bibliography. Appendix A. Constitution of the United States of America: Provisions of Particular Interest to Postsecondary Education. Cases Index. Statute Index. Subject Index.