This paper provides practical advice on reviewing and designing disciplinary procedures and is set in the context of incorporation of further education and sixth form colleges in England. Reasons are provided for having disciplinary rules, based on the Advisory Conciliation and Arbitration Service's (ACAS) Code of Practice. Relevant English…

This legal compendium focuses on the difficult and volatile issues of student discipline in cases of both academic and nonacademic misconduct. Part I lists non-academic codes from University of Michigan, Yale College, Vanderbilt University, University of Iowa, City University of New York, Baylor University, Columbia University, George Washington…

Presents R. Scarce's account of his jailing for refusal to divulge to the authorities information gathered for his doctoral research. Revealing the information would have been a violation of the American Sociological Association's Code of Ethics. Concludes with 13 concerns and suggestions for protecting scholarly research from legal intrusion.…

This booklet discusses due process for institutions of higher education and how principles of due process should shape the design of institutional procedures for resolution of conflicts affecting students, faculty, academic programs, and research. The booklet defines and explains various area of conflict, the role of due process, and key legal…

This compendium provides an overview of selected codes of student conduct, a selection of annotated legal decisions and important law review articles, and various National Association of College and University Attorney (NACUA) outlines on the issue of student discipline in both academic and nonacademic contexts. Part 1 lists nonacademic codes of…

This discussion of college and university policy concerning misconduct of employees looks at legal standards of due process for discipline or dismissal; the parameters of "just cause"; employee rights to representation; and judicial rulings on a variety of misconduct issues such as criminal misconduct, sexual misconduct, alcohol, and drugs. (MSE)

Examines "Chicago Teachers Union v. Hudson," a United States Supreme Court decision guaranteeing non-union government workers specific protections of procedural due process that certain educational and teacher unions had failed to recognize. Decries the "Hudson" decision for separating labor law from laws governing the rest of…

This review examines factors impacting on substantiation rates for central registries of child abuse and neglect cases. Technical factors were not found to affect substantiation rates, though certain legal factors were somewhat associated with lower substantiation rates. The use of risk assessment models is recommended to improve rates without…

One of the most difficult and time-consuming set of problems school administrators face each day has to do with student discipline. This manual provides a series of suggestions on ways that successful schools and administrators deal with discipline problems. Models and examples included are intended to stimulate and assist practicing…

Discusses the changing nature of the student-college relationship through (1) the development and application of the "in loco parentis" doctrine, (2) evolution of the doctrine to include relevant legal issues and application of certain due process rights in university disciplinary proceedings, and (3) legal issues related to abandonment of the…

This monograph presents a succinct overview of the legal parameters regarding nonretention and dismissal for cause of employees of higher education institutions. The monograph is written in everyday language for the lay reader and presents a concise review of case law on the subject. An introductory chapter discusses judicial review, the…

This pamphlet describes requirements under Section 504 of the Rehabilitation Act of 1973 relating to the discipline of students with disabilities. Information is provided on the educational requirements of the legislation, the due process procedures, the suspension and expulsion of students with disabilities, and the reevaluation process required…

Explores some legal issues and principles relevant to university administrators' decision-making processes, focusing on three areas: discretion (i.e., level at which a decision is made); procedural fairness (when it is required, what it applies to, rules, and biases); and review of decisions. Emphasis is on the Australian context. (MSE)

A previous analysis (Prairie and Chamberlain, 1994) of college and university due process rights when accreditation is threatened, which argues that accrediting agencies are quasigovernmental bodies and should be subject to constitutional due process constraints, is criticized. Recent trends in litigation concerning due process, recent…

School counselors working with hearing-impaired students are introduced to the preventive legal audit strategy to avoid common civil and criminal liability situations. Sample legal audit questions concern negligence/malpractice, confidentiality/privileged communication, child abuse, testing, Public Law 94-142, and other civil and criminal…