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A Legal Guide for Student Affairs Professionals: (Updated and Adapted from The Law of Higher Education, 4th Edition), 2nd Edition

ISBN: 978-0-470-62362-6
864 pages
December 2009, Jossey-Bass
A Legal Guide for Student Affairs Professionals: (Updated and Adapted from The Law of Higher Education, 4th Edition), 2nd Edition (0470623624) cover image
The student affairs market has experienced a great boom in the last decade. Based on the fourth edition of the indispensable guide to the laws that bear on the conduct of higher education, this updated student affairs edition provides a reference and guide for student affairs practitioners and graduate students in student affairs administration courses. This volume combines sections that are pertinent to student affairs practitioners, as well as the government regulatory and administrative issues found in the full Fourth Edition. It is thus the most comprehensive and easy-to-use volume for student affairs officers and students.
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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.

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WILLIAM A. KAPLIN is professor of law emeritus at The Catholic University of America, Washington, DC, where he also served as special counsel to the Office of General Counsel. He is now senior fellow at the Center for Excellence in Higher Education Law and Policy, Stetson University College of Law.

BARBARA A. LEE is professor of human resource management at Rutgers University’s School of Management and Labor Relations and of counsel to the law firm of Edwards Wildman Palmer. An attorney, she teaches employment law and higher education law.

Together they are the authors of The Law of Higher Education, now in its fifth edition.

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