Although constitutional limits usually apply only to public institutions, contract law applies to both public and private institutions. By assuming that institutions will be held accountable for all official statements and that public institutions need an informal process ready for certain situations, schools can garner some legal protection.…

University officials and faculty are frequently required to make decisions based on interpretations of disputed facts. By applying the concept of due process within the context of higher education, they can meet legal challenges of contract and constitutional law and the pedagogical demand for justice. To guide their efforts, decision makers can…

The increasing number of court decisions dealing with classroom and academic matters attests to the growing judicial sensitivity to students' rights in academic affairs. The advisors' job falls within this academic affairs arena, and they must understand legal issues. (MLW)

Legal problems that colleges and universities might avoid are identified. Colleges are being sued over a broad range of legal issues and are expending money for legal and court fees, settlements, and judgments. Legal problems include right of admission to particular colleges, the right to stay in school, questions of faculty promotion and tenure,…

The response of courts to terminations resulting from a financial crisis threatening a school is analyzed. That response depends, in part, on whether the teacher is asserting the infringement of a constitutional right, such as freedom of expression, or the deprivation without due process of the law of a property interest, such as a statutory or…

Litigation is discussed in which courts have established principles of law governing student academic assessments relating to course grades, admission to degree programs, and expulsion from programs for academic deficiencies and whether these academic decisions impair student's constitutional and/or contractual rights. (MSE)

A brief historical review of the student disciplinary process in private colleges and universities, as well as a discussion of current practices and principles of student discipline, provide background for discussion of future possibilities. The analysis of current practices and principles includes a brief theoretical discussion about the legal…

This document is an updating supplement to a 1973 volume of the same title and is intended to cover the various aspects of court action effecting higher education, and particularly the faculty and staff for the period 1973-76. The areas discussed include the inception of contracts; due process in nonrenewal of nontenure contracts and probationary…

Legal issues in program discontinuance and resulting lawsuits are considered, including liability to the faculty, students, and other constituencies; freedom of speech; due process; contractual obligations; legal defense; and consideration of program alternatives. A list of related resources is appended. (MSE)

Student and teacher materials are included in this book on Minnesota laws which directly affect the lives of high school students. The laws are grouped into six broad categories insofar as they are related to major areas of a student's life, i.e., civil law, home, school, marriage, the criminal justice system, and alcohol and drug laws. After…

Analysis of court cases, employment law, and events in higher education yielded information about tenure as a contract, use of credentials as evidence, and due process in orderly tenure procedures. Academic, legal, and ethical perspectives are considered. Guidelines for social work faculty in dealing with these issues are offered. (Author/MSE)

The legal status of college students in relationship to the institution they attend is discussed, focusing on the contractual relationship, due process, access to education, First Amendment rights, search and seizure, federal aid regulation, residency requirements for voting, and the doctrine of academic abstention in legal matters. (MSE)

A review of 1989 court decisions regarding higher education examines important trends in cases concerning the first amendment; tort liability; institutional contracts; immunities; access to records; meetings and witnesses; intellectual property; funding; employment; adverse academic, disciplinary, licensing, and related decisions; and…

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…

Three primary areas of concern for those who confront sport law matters in public school or collegiate settings are the focus of this monograph. The first chapter presents tort issues, primarily negligence. A brief overview of fundamental negligence concepts is followed by discussions of major risk areas: supervision, conduct of the activity, and…