Higher Education Law Research Articles

New 2024 Title IX regulations remain in limbo for many states

The long‐awaited Biden‐era Title IX regulations that were issued in April of this year represented a major development in higher education law, differing from previous iterations of Title IX rules in dramatic ways.

Evaluating Policy Efficacy in Higher Education: A Synthetic Control Analysis of Ecuador’s Higher Education Law on Research Productivity

Background: This paper investigates the impact of Ecuador’s Ley Orgánica de Educación Superior (LOES), enacted in 2010, which mandated comprehensive reforms in higher education. Objective: The objective of this study is to determine whether the implementation of the LOES has led to a significant increase in academic publications in Ecuador, thereby contributing to sustainable educational practices and aligning with the Sustainable Development Goals (SDGs). In this context, sustainability refers to the ongoing capacity of higher education institutions to generate research that contributes to the long-term development of knowledge, aligns with global sustainability goals, and ensures educational practices that are responsive to societal needs. Methods: Using a synthetic control method, this study evaluates the impact of the LOES on the number of academic publications recorded in Scopus. A synthetic control consisting of data from countries with similar educational and economic profiles serves as a counterfactual to Ecuador’s situation. Results: Before the LOES, the average annual number of publications was stable at 253.4 per year. Post-2010, this number surged, reaching an average of 3645.84 publications per year, representing a 358.41% increase. By 2023, the actual number of publications in Ecuador rose to approximately 6584, significantly surpassing the synthetic control estimate of 1431 publications. Conclusions: The findings confirm that the LOES has been effective in increasing research output and advancing educational sustainability in Ecuador. This analysis not only contributes to the literature on the impact of educational policies but also demonstrates the utility of synthetic control methods in assessing policy effectiveness, underscoring the potential of targeted interventions to promote academic excellence and sustainability in education.

New 2024 Title IX regulations remain in limbo for many states

The long‐awaited Biden‐era Title IX regulations that were issued in April of this year represented a major development in higher education law, differing from previous iterations of Title IX rules in dramatic ways.

Analysis of Indonesian DIKTI and DIKTIS Higher Education Curriculum Development Policy

This research analyzes educational policies related to the development of the higher education curriculum in Indonesia, which is an important component in the educational process. The basis for curriculum development is regulated in higher education laws and government regulations. This research aims to provide insights and processes in curriculum development in Indonesia, as well as complement previous research that defines educational policies related to higher education curriculum development at the Ministry of Education and Culture, higher education curriculum development policies (DIKTI) and educational curriculum development policies for Islamic Religious Higher Education. (DICTIS) in Indonesia. The method used in this research uses the Library Research type of literature review, by collecting and analyzing books, articles and related references. The results of data analysis highlight the role of the Ministry of Education and Culture and the Directorate General of Islamic Higher Education in curriculum development. The curriculum development process involves in-depth study, evaluation, consultation, and analysis of job market needs. The curriculum development policy aims to improve the quality of higher education, ensure the relevance of the curriculum to the demands of the times, and ensure equal access to education. Challenges in curriculum development include rapid changes in the world of science, limited resources, and multidimensional needs. This research provides an understanding of higher education curriculum development policies in Indonesia, as well as contributing to the improvement and refinement of existing policies to support the development of quality human resources.

KHI XẾP HẠNG TRỞ THÀNH MỤC TIÊU: PHÂN TÍCH QUY LUẬT GOODHART TRONG XẾP HẠNG ĐẠI HỌC Ở VIỆT NAM

Goodhart's Law describes the phenomenon where a measure becomes a target, leading to behaviors aimed at optimizing that measure rather than achieving the true underlying goals. In the context of university rankings, excessive focus on attaining higher ranks can incentivize universities to manipulate metrics rather than genuinely improving educational quality. Analyzing this behavioral shift, research highlights the negative impacts of Goodhart's Law in higher education, particularly in Vietnam. Instead of enhancing teaching and research quality, universities often prioritize ranking advancement through opaque methods. This competitive race results in high costs for students and families without commensurate educational benefits. Addressing these issues requires raising awareness, establishing new evaluation approaches, and promoting genuine educational practices. Keywords: Goodhart; university; ranking; quality.

Gain insight into important updates in finalized Title IX regs

They’re here. The long‐awaited updated Title IX regulations have finally been issued. These rules are a major development in higher education law and differ from previous iterations of Title IX rules in significant ways. This article explains the most salient updates to the law and discusses procedural information related to the rules.

Effective communication in a crisis requires advance planning

CLEARWATER BEACH, Fla. — From cybercrime, on‐campus violence, student deaths, and natural disasters to academic scandals and faculty/staff misconduct, there's no shortage of potential crises that can hit college campuses. In the midst of a crisis, higher education administrators often find themselves unprepared to manage communications effectively, which only exacerbates the problem, according to James Haggerty, J.D., CEO of PRCG/Haggerty LLC, a strategic crisis communications firm. He spoke at Stetson University's Annual National Conference on Higher Education Law and Policy.

Effective communication in a crisis requires advance planning

CLEARWATER BEACH, Fla. — From cybercrime, on‐campus violence, student deaths, and natural disasters to academic scandals and faculty/staff misconduct, there's no shortage of potential crises that can hit college campuses. In the midst of a crisis, higher education administrators often find themselves unprepared to manage communications effectively, which only exacerbates the problem, according to James Haggerty, J.D., CEO of PRCG/Haggerty LLC, a strategic crisis communications firm. He spoke at Stetson University's Annual National Conference on Higher Education Law and Policy.

Post-COVID-19 Era: Navigating Challenges in Online Thesis Guidance for Academic Enrichment

The integration of information technology (IT) in higher education has significantly enhanced academic performance, with a focus on information systems, electronic thesis management, and legal responsibilities outlined in Higher Education Law No. 12 of 2012. This study explores the challenges and opportunities arising from the transition to online thesis guidance, prompted by the post-COVID-19 era, within the Information Systems Program at Multimedia Nusantara University. Utilizing a qualitative case study approach and thematic analysis, the research uncovers challenges in clarity of instructions, guidance note management, and dynamics of relationships with academic mentors, examiners, and the thesis defense committee. As students navigate the intricate landscape of online thesis guidance, the study emphasizes the importance of transparent communication and adaptability. In conclusion, while IT integration enriches academic quality, challenges identified in online thesis guidance serve as guideposts for institutions to refine strategies and enhance communication. This research provides valuable insights for educational institutions, ensuring a seamless and enriching academic experience for students in the evolving landscape of higher education, particularly in the context of online thesis guidance.

Development of higher education within the Belt and Road: Achievements, deficiencies and the rule of law pathway

The Belt and Road Initiative provides new opportunities and impetus for the development of higher education in China. In the past 20 years, higher education in China has made great achievements: the scale of higher education talents has increased, the protection of higher education rights has improved, and cooperation and exchanges in higher education have increased. Regarding exchanges and cooperation in higher education in the Belt and Road, China faces unresolved challenges, including the only opportunity for talent training, a complex and changing environment for international cooperation, and broad and unclear institutional norms. Guaranteeing the rule of law is a support and driving force for countries to engage in exchanges and cooperation in higher education within the framework of the Belt and Road. China needs to actively promote the construction of the rule of law under the Belt and Road framework, unambiguously promote the development of higher education through effective laws, and actively promote the civilized process of the rule of law in higher education. Utilizing the rule of law and the rule of law will promote a new stage of higher education reform and build a modern higher education system with Chinese characteristics. Based on the concept of ensuring the proper rule of law to support cooperation and development, various methods should be applied to promote the development of the rule of law, including the formation of the concept of effective law and good governance, the improvement of information and evaluation systems in higher education, and the improvement of the information and evaluation system in higher education.

Current developments regarding the disciplinary procedures of academic staff in the Higher Education Law No. 2547 within the framework of the Constitutional Court’s annulment decisions

Current developments regarding the disciplinary procedures of academic staff in the Higher Education Law No. 2547 within the framework of the Constitutional Court’s annulment decisions

THE IMPLEMENTATION OF RECOGNITION OF PRIOR LEARNING AT LANCANG KUNING UNIVERSITY

In today's complex and rapidly changing world, individuals need to be able to improve their competence quickly. However, recognition of learning outcomes outside formal educational institutions is still society’s main focus. As a result, learning outcomes from non-formal, informal education, and work experience are not recognized as they should be, reducing individual motivation and confidence to continue learning throughout life. Lifelong education is a common phenomenon and involves learning through everyday experiences. Learning Recognition is a term that encompasses a range of learning assessment methods outside of formal educational institutions, including approaches such as portfolios, semester credit systems, and competency-based assessments. Improving the accessibility and quality of higher education is one of the national development goals, as mandated in the National Education System Law and the Higher Education Law. Therefore, Lancang Kuning University provides opportunities for the community to participate in education through the Past Learning Recognition (RPL) program. RPL is recognizing a person's learning achievements from formal, non-formal, and informal education, and work experience. The process of equalizing learning outcomes is carried out so that the community can continue their education to a higher level. This study used qualitative descriptive methods by collecting data from sources such as university policies, government regulations, guidebooks, assessment documents, and related literature. The results and discussion of this study revealed that Lancang Kuning University applies RPL Type A, which involves the recognition of part of the credits to continue higher education. Equalization of learning outcomes through RPL provides opportunities for people to learn for life.

Employability management in adult education and training

Romania's new Higher Education Law from 2023 aims to increase the number of graduates of adult training programs. The law also introduces the international standard for education and international standards for professional training of adults, while Romania's system of education and professional training is in line with the requirements of the labor market. As far as the equivalence of the study programs is concerned, we can no longer say that this criterion is also met because until this law was passed, we would not have implemented ISCED, but we have the fields of studies promoted by the Government Decision, that is impossible to be assimilated internationally. We have over 6,000 bachelor and master programs related to about 1,500 occupations in the Classification of Occupations from Romania (COR) and the classification of European Skills, Competences and Occupations (ESCO), which is unimaginable in European countries. More than half of these should be at most postgraduate programs for adults. Study programs remain a problem in equating studies, especially in the technical field, except for European regulated professions and IT where the equating is automatic. Passing post-graduate professional training for adults on either occupational or qualification standards will largely solve this impasse in the next five/six years. It makes sense to analyze employability as we have done here in case of increased mobility of Romanian qualified workforce on the European labor market, but according to the signed accession treaty, it must be understood that this does not come automatically, but as we have seen there are certain obligations and commitments of the Member State, conditions to be ensured so that it is as easy as possible for the graduate to be employed at the level held and the graduated field of study.

DESIGUALDADES DE GÊNERO EM OCUPAÇÕES JURÍDICAS

Abstract The present article seeks to analyze empirically how the educational effect of women in higher education Law courses affects their insertion into the formal labor market. To achieve this goal, we used data from the Relação Anual de Informações Sociais [Annual Social Information Report] (RAIS) to analyze all occupational fields that require legal training. The data show that women were already the majority as court clerks and the like, and became the majority in private law from 2010 onwards. As for the income received, controlled by other variables, women tend to earn less than men in the same occupations, with higher incomes only among public prosecutors and lawyers.

한국 대학교육의 정책적 변화에 대한 비판

This study looked at the higher education law from the perspective of university education as well as school education to explore authenticity. Starting with the Higher Education Act, which was first enforced in 1998, among the Higher Education Acts revised and enacted until 2022, we will focus on systems that have become a policy change point or have had a significant impact on higher education. Through this, the problem was overviewed and a solution was sought. Korea has achieved policy and institutional improvements through various institutional reforms, and has demonstrated the power of Korean education that could not be found anywhere else in the international community. However, at this point, it is necessary to review the flow of higher education in the past and discuss the policy direction to find consistency and originality in the future. It is also pointed out as a problem that the majority of studies take a bottom-up approach to designing simple policies or systems or implementing them efficiently. In order to find the original meaning of university, major courses of various characteristics must be developed and operated, and learner-centered self-directed learning must be realized. A cquisition o f a c reative p roblem-solving p rocess a s w ell a s t he a bility t o u tilize i t a nd t he exploration of self are privileges of university education, so future university policies should be promoted in this direction. Lastly, active support for the formation of a network of policy researchers is needed at the government level so that higher education researchers can maximize their expertise and expand the scope of higher education research. Finally, in order to solve the problems of university education, the process of change was reviewed centering on the higher education law, which is most direct to the field of university education, policy changes in future university education were examined, and alternatives to university education in the future were presented. In this respect, I would like to give meaning to this study.

Promoting University – Business Long-Term Collaboration through Vocational Education

University-business cooperation for many years has been an increasingly important issue raised national policy level, as well as at higher education institutions itself. The fact that the learning environment and the labor market needs are continuously changing makes it challenging for both spheres to be perfectly synchronized. Regarding the public policies on education, vocational education has been a priority for the government in the last years, expressed also in several documents as educational strategy, Higher Education law and Strategy of Employment and Skills. This prioritization aims the creation of a system that at best meets the need of the labor market. The improvement of vocational education is seen as good path to fulfill the gap between university and labor market through improving professional skills, life skills development (soft skill) and an offer focused to business need. From a business standpoint, vocational education receives a great deal of attention and are demonstrated as a profitable long-term investment with a significant contribution to productivity growth. Cooperation with the university can be formal and / or informal. The purpose of this paper is to analyze the cooperation between Universities and Businesses in the business perspective, the methodology used is through descriptive analyze based on primary and secondary data collection. Based on the results we expect to contribute with suggestions for all business to encourage building strategic partnerships with universities. One of the main conclusions of the paper is that, when businesses are connected to universities, they have a ready-made pool of talent filled with exactly the type of people that they need and working with universities, they can guide students to develop the skills that they need to form a partnership.
 
 Received: 23 September 2022 / Accepted: 28 November 2022 / Published: 20 December 2022

Academic Researcher Work and the Confusion of Public Authorities. A Bleak Outlook for the Consequences of the Higher Education Reform in Poland – Comparative Approach

From the very beginning, it was assumed that the new regulation – Law on Higher Education and Science (LHES) would mark the implementation of a ground-breaking, comprehensive reform – “Constitution for Science.” It was emphasised that the project constituted the most extensive reform implemented within the framework adopted by the EC as the model for all large-scale systemic changes since the last thirty years. Unfortunately, the efforts made to date by the Minister of Finance and Minister of Science and Higher Education in the face of the many difficulties emerging at the meeting point between copyright, tax and education laws have to be deemed ineffective. Against the background of the analysed solutions in BRICS countries, the Polish solutions are the most far-reaching in terms of protecting the interests of academic teachers. They lead to a reduction of the tax burden (by applying 50% tax deductible costs) by exactly half. While the very idea adopted on the grounds of Polish legal solutions deserves a high assessment and may constitute an interesting model to be copied in the BRICS countries (as far-reaching benefits for university researchers), the manner of its introduction deserves criticism. The adopted legal basis, as shown in the study, is not internally coherent at the junction of tax law, copyright law and higher education law. In fact, they are even mutually exclusive. For this reason, the manner of proceeding with this legitimate regulation cannot be recommended in the BRICS countries.

Rule of Law in Higher Education and University Institutions in Democratic Republic of the Congo: The Law of the Strongest or the Force of the Law (Case of the University of Gbado-Lite, North Ubangi Province)

The crisis in which the Higher Education and University Sector is mired threatens the future of the nation; it is therefore necessary to put things in order. In a context where ignorance and non-respect of academic, regulatory and legal norms are manifest, where the attitude of managers in the conduct of academic affairs is subject to doubts and sometimes challenges, even questioning their profile as managers, The Vade Mecum as a reference document or guide for managers of higher education and university establishments (both public and private) is timely in indicating to the managers of establishments the line of conduct to follow in order to respect and ensure respect for the various texts and laws conceived, elaborated and published within the framework of higher education and university in the Democratic Republic of Congo. This study on the rule of law in the Higher Education and University Establishments in DR Congo is therefore an analysis of the realities observed in the administrative management of the scientific, administrative, technical and working personnel recruited, appointed and assigned in these Establishments who, it is believed, only have duties to fulfill while they also have rights to preserve and to assert. The case under examination is that of an Assistant of the University of Gbado-Lite (UNIGBA), recruited and appointed regularly by a decision of the Rector whose dismissal by the Head of School has seriously violated the legal and regulatory provisions on disciplinary procedure; the latter having introduced a hierarchical appeal, was rehabilitated in his functions and in his rights without other forms of trial.

Legal Compliance in the Process of Independent Learning Independent Campus

In the implementation of independent learning on an independent campus, the factor of legal compliance is the main determinant of its success. The 1945 Constitution as the highest written basic law in higher education, especially in the process of independent learning on an independent campus, is carried out based on the applicable juridical method, whose legal compliance is some are obedient and some have not complied in accordance with the abilities and readiness of each university in an effort to educate the life of the Indonesian nation.

Philosophy of Law in a Non-Legal University: to the Problem of Building a Master’s Program

The article analyzes the issues of legal education in non-legal educational institutions of higher education. The authors of the article believe that legal education is one of the constituent elements of the modern socialization of the individual. The level of legal culture of society as a whole depends on its successful solution. The authors pay attention primarily to the philosophy of law. Consideration of the place of this academic discipline in the system of teaching masters in the field of “theology” allows us to draw conclusions about the importance of the philosophy of law in higher education. The authors believe that the philosophy of law contributes to the formation of a holistic sense of justice and a holistic legal culture. The philosophy of law is focused on finding answers to such questions as: “What is the essence of law?”, “What is its nature?”, “What is the relationship between law and other social norms?”, “Is every law correct?”, “What is the path to legal law?”, “What is legal consciousness?” etc. These issues are especially relevant for specialists in non-legal fields of knowledge. The authors of the article believe that legal education in our country contributes not only to the transformation of our society into an active participant in the global legal system, but also becomes a factor in protecting civil society from unfair actions by various actors.