The Law of Higher Education

Auteur

WILLIAM A. KAPLIN is Professor of Law Emeritus at the Columbus School of Law at Catholic University of America, where he also served as Special Counsel to the Office of General Counsel. BARBARA A. LEE is former Senior Vice President for Academic Affairs and a Distinguished University Professor of Human Resource Management at Rutgers University. NEAL H. HUTCHENS is Professor of higher education at the University of Kentucky. JACOB H. ROOKSBY is Dean and Professor of Law at Gonzaga University School of Law.

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A comprehensive, up-to-date reference for higher education law faculty, administrators, counsel, and students

This revised 7th Edition of The Law of Higher Education: Essentials for Legal and Administrative Practice offers updated information, analysis, and practical suggestions on a full range of legal issues pertinent to both public and private institutions. As a guide for coursework in programs preparing higher education lawyers and administrators for leadership roles, and as a reference for professionals in those fields, this book is essential for both students and practitioners. Covering the latest changes to laws in higher education, the 7th edition gives readers the most current possible understanding of higher education law. The book also contains a glossary of key terms and an appendix on how to read legal material for the non-law student. Each chapter is introduced by a discussion of key terms and ideas the reader will encounter.

The book thoroughly addresses the most important contemporary issues in education law: free speech, Title IX, academic freedom, institutional tort liability, racial harassment, employment discrimination, disability and reasonable accommodation, campus security, and student organizations are among the key topics that readers will come to understand in depth. There have been substantial recent changes in the laws governing these issues, and practitioners will need the updated content in this book to remain conversant in todays' higher education law and policy.

• Gain a thorough understanding of the central topics in higher education law, including free speech, nondiscrimination, religious free exercise, and many others
• Review the latest changes to federal laws governing colleges and universities
• Reference a glossary of terms, statute index, and other convenient features
• Learn about the American court system and how to read and analyze court opinions
  
  The Law of Higher Education: Essentials for Legal and Administrative Practice is indispensable for anyone studying higher education administration, preparing for a career in higher education law, or seeking to learn more about law in higher education.

Contenu

Notice to Instructors v

Notice of Website and Periodic Supplements for The Law of Higher Education vii

Preface xxi

Acknowledgments xxvii

The Authors xxix

General Introduction: The Study of Higher Education Law xxxiii

A. The Universe of Education Law xxxiii

B. The Governance of Higher Education xxxiv

C. Sources of Higher Education Law xxxv

D. The Legal Relationships Within Institutions of Higher Education xxxvi

E. The Law/Policy Distinction xxxviii

F. The US Legal System as It Relates to Higher Education Law xxxix

Part One Perspectives and Foundations 1

1. Overview of Higher Education Law 3

Section 1.1. How Far the Law Reaches and How Loudly It Speaks 4

Section 1.2. Evolution of Higher Education Law 9

Section 1.3. The Governance of Higher Education 11

Section 1.4. Sources of Higher Education Law 17

Section 1.5. The Public-Private Dichotomy 26

Section 1.6. Religion and the Public-Private Dichotomy 40

Section 1.7. The Relationship Between Law and Policy 57

2. Legal Planning and Dispute Resolution 61

Section 2.1. Legal Liability 61

Section 2.2. Litigation in the Courts 66

Section 2.3. Alternative Dispute Resolution 75

Section 2.4. Institutional Management of Liability Risk 83

Part Two The College and Its Governing Board and Staff 89

3. The College's Authority and Liability 91

Section 3.1. The Question of Authority 91

Section 3.2. Institutional Tort Liability 96

Section 3.3. Institutional Contract Liability 133

Section 3.4. Institutional Liability for Violating Federal Constitutional Rights (Section 1983 Liability) 138

4. The College and Its Employees 143

Section 4.1. Overview of Employment Relationships 143

Section 4.2. Employment Contracts 145

Section 4.3. Collective Bargaining 147

Section 4.4. Personal Liability of Employees 162

Section 4.5. Employment Discrimination 178

Section 4.6. Affirmative Action 219

Section 4.7. Application of Nondiscrimination Laws to Religious Institutions 230

Part Three The College and Its Faculty 241

5. Special Issues in Faculty Employment 243

Section 5.1. Overview 243

Section 5.2. Faculty Contracts 244

Section 5.3. Faculty Collective Bargaining 260

Section 5.4. Application of Nondiscrimination Laws to Faculty Employment Decisions 266

Section 5.5. Affirmative Action in Faculty Employment Decisions 275

Section 5.6. Standards and Criteria for Faculty Personnel Decisions 279

Section 5.7. Procedures for Faculty Employment Decisions 313

6. Faculty Academic Freedom and Freedom of Expression 337

Section 6.1. General Concepts and Principles 337

Section 6.2. Academic Freedom in Teaching 365

Section 6.3. Academic Freedom in Research and Publication 393

Section 6.4. Academic Freedom in Religious Colleges and Universities 404

Part Four The College And Its Students 407

7. The Student-Institution Relationship 409

Section 7.1. The Legal Status of Students 409

Section 7.2. Admissions 440

Section 7.3. Financial Aid 490

Section 7.4. Student Housing 516

Section 7.5. Campus Computer Networks 535

Section 7.6. Campus Security 551

Section 7.7. Other Support Services 565

Section 7.8. Student Records 571

8. Student Academic Issues 590

Section 8.1. Overview 590

Section 8.2. Grading and Academic Standards 591

Section 8.3. Online Programs 600

Section 8.4. Academic Accommodations for Students with Disabilities 603

Section 8.5. Sexual Harassment of Students by Faculty Members 622

Section 8.6. Academic Dismissals and Other Academic Sanctions 643

9. Student Disciplinary Issues 664

Section 9.1. Disciplinary and Grievance Systems 664

Section 9.2. Disciplinary Rules and Regulations 677

Section 9.3. Procedures for Suspension, Dismissal, and Other Sanctions 684

Section 9.4. Student Protests and Freedom of Speech 702

Section 9.5. Speech Codes and the Problem of Hate Speech 727

10. Rights and Responsibilities of Student Organizations and Their Members 741

Section 10.1. Student Organizations 741

Section 10.2. Fraternities and Sororities 777

Section 10.3. The Student Press 790

Section 10.4. Athletic Teams and Clubs 809

Part Five The College and the Outside World 855

11. The College and Government 857

Section 11.1. Local Government Regulation 857

Section 11.2. State Government Regulation 874

Section 11.3. Federal Government Regulation 889

Section 11.4. Federal Aid-to-Education Programs 901

Section 11.5. Civil Rights Compliance 904

12. The College and External Private Entities 938

Section 12.1. The Education Associations 938

Section 12.2. Business Partners 947

Appendices

A. Constitution of the United States of America: Provisions of Particular Interest to Postsecondary Education 957

B. The American Court System 963

C. Reading and Analyzing Court Opinions 967

D. Glossary of Legal Terms 971

Bibliography 981

Statute Index 993

Case Index 1003

Subject Index 1029