A proposed law barring public social services to illegal immigrants poses a dilemma for California colleges. It calls for state and local agencies, including colleges and universities, to report suspected violators. Opponents see the law as sanctioning racism. Fairness to students and burden on the institutions are major issues. (MSE)

In its search for a new president, the University of Michigan was forced, under open meeting laws, to invent a semi-public search, with governing board members unable to talk privately with search advisory committee members. However, the four outstanding candidates were brought into the process before it became public; next time, the search might…

This booklet presents information to help guide college and university administrators in properly (legally) handling those situations in which employees reveal evidence of fraud, abuse, or other illegal activity occurring within the school. Part I describes in general terms the whistleblower protection provisions found in various federal statutes…

Discussion of a ruling allowing state agencies to deny new educational loans to students with previous loans discharged in bankruptcy looks at the intent behind the Bankruptcy Code, specifically concerning the nature of educational loans and the "fresh start" policy. Potential conflicts between the state and federal statute is also…

The status of comparable worth pay in federal courts is reviewed, state activity on this issue as it relates to higher education institutions is discussed, and practical and institutional problems in implementing comparable worth pay policy at colleges and universities are examined. (MSE)

Litigation concerning wrongful discharge of faculty will increase, but considerable legal variation among the states will persist. The biggest distinction between states will concern tort damage awards, and the net result will be the creation of new policies for employee rights. Employment-at-will doctrine will be affected in most states. (MSE)

An Oregon court case in which American Indians disputed a state law against use of peyote for ritual practices is reviewed, and its implications for free exercise of religion on college campuses are examined. In this context, the impact of the Religious Freedom Restoration Act of 1993 is also considered. (MSE)

Court decisions in two cases concerning the University of Nevada at Las Vegas's suspension of an athletic coach because of institutional violations of National Collegiate Athletic Association regulations are discussed, focusing on the courts' applications of state action doctrine (subjection to scrutiny under constitutional law) and coercion…

Reviews lower court developments in 1995 that applied and developed earlier Supreme Court precedents concerning employment discrimination in higher education in the areas of discrimination based on race, color, or national origin under state and federal laws; gender discrimination under state and federal law, including two cases of voluntary…

Five sections make up the contents of this newsletter. A section on the aftermath of the Yeshiva College decision looks at later court decisions, injunctions and "unprotected" unions, administration unfair practices, the possibility of an administration revoking recognition in mid-contract, and administration tactics in circumventing the…

Institutional researchers should know state and federal laws and attorneys general opinions applicable to higher education concerning open meetings and open records, and be prepared for information requests by media and concerned citizens. Case law is examined, and practical steps researchers can take are outlined, including knowing who will…

This paper reviews the basic legal relationships and duties that affect higher education facility management with special emphasis on the relationships with students, faculty, and staff in both public and private colleges and universities. An introduction briefly reviews the development of higher education law beginning with a landmark case in…

The need for college trustees and administrators to develop better procedures and management techniques to minimize potential liability to lawsuits is addressed. A trend for seeking judicial relief on campuses and suits filed against deans, trustees, and presidents, as well as the school, are noted. Trustees need to be informed about new…

An overview is provided of issues influencing student affairs practice, designed to assist practitioners in applying legal principles in their daily work. The following chapters are presented in three sections (legal foundations and student affairs practice; key areas of legal responsibility and liability; and strengthening the legal basis of…