Polarizing political beliefs are nothing new on campus, but the tactics employed by supporters of the Boycott, Divestment, Sanctions (BDS) movement create new cause for concern, from the politicization of curricula and academic associations to efforts to silence Israeli speakers to overtly anti-Semitic behavior on campus. In a new essay, the…

A freshman student posts on her social media account remarks that reflect intolerance and bigotry. Fellow students and faculty are upset, and disciplinary action follows. Was the student's right to free speech ignored or were the rights of others to a welcoming and inclusive environment infringed upon? This case guides the reader through some of…

A combination of economic and societal stresses contributes to workplace violence in higher education. College human resources professionals must become knowledgeable about its causes, implications, prevention, and appropriate responses. A three-tiered plan includes a preventive program, threat-management plan and team, and crisis management team.…

Examines the issue of a professor's First Amendment right to academic freedom vs. a student's right to an effective learning environment free from sexual harassment in a 1996 case, Cohen vs. San Bernardino Valley College. Also explored is the right of a public employee to free speech. Recommendations are offered to college administrators on…

The literature of sexual harassment, particularly on college campuses, is reviewed. Topics discussed include definition of sexual harassment, legal implications, the role of individual perceptions, victim and peer response to harassment, and development of institutional policy and strategies for combatting harassment. A substantial bibliography is…

This book serves as a sourcebook to enhance and evaluate safety programs, generate new solutions and interventions, comply with new legislation, and present practical steps and guidelines to establish best practices. It pays particular attention to the factors that may give rise to crime, considering high-risk drinking and examining the…

This pamphlet abstracts from the National Association of College and University Attorneys'"Sexual Harassment on Campus: A Legal Compendium," Third Edition, suggestions for administrators and others on conducting an appropriate and timely sexual harassment investigation. Specific topics covered are: (1) "Conducting an Appropriate and Timely…

A carefully structured process for campus administrative decision making concerning hate speech is proposed and suggestions for implementation are offered. In addition, criteria for evaluating hate speech processes are outlined, and First Amendment principles circumscribing the institution's discretion to regulate hate speech are discussed.…

This study sought to understand the institutional behavior processes that occur when institutions are faced with anti-affirmative action litigation. A dual case study, conducted at the University of Maryland and at the University of Michigan, was designed to develop concepts linking litigation and institutional response. Using a grounded theory…

This publication summarizes proceedings of a working group session convened to discuss ways to encourage efforts of colleges and universities to increase the sense of community on their campuses. It is noted that the sense of community has been diluted over the years due to the great diversity of students, both racial and cultural, that now…

This paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It addresses postsecondary campus safety. It discusses the changes in the concept of in loco parentis on college campuses; the Crime Awareness and Campus Security Act of 1990; and legal principles applicable to…

Sexually oriented conduct in educational institutions is no longer viewed as harmless loutishness best ignored but as an unlawful act that can result in litigation and severe penalties. On college campuses, the best method for addressing harassment includes formation of appropriate policy, complaint procedures, and a program of prevention. (MSE)

To maximize the effectiveness of their campus security systems while minimizing the institution's exposure to liability, campus administrators must understand the legal context in which their police or security personnel are operating as agents of authority. Some of these policy and behavior issues are explained. (MSE)

Discusses the legal phenomenon of negligent hiring, what it is, how it has evolved, and where it will probably go. Lists ways to avoid a negligent-hiring lawsuit and provides 12 steps for reducing negligent hiring and defamation lawsuits. (MLF)

Teaching, research, and the basic relationship between faculty and their institutions take place in a climate more affected by law than ever, depriving faculty of an environment for effective teaching and research. But the impact has been indirect, marginal, and both positive and negative thanks to college administrators and lawyers. (MSE)