Discusses the "Cleveland Board of Education v. Loudermill" case, in which a security guard was dismissed for dishonestly completing an application without a chance to answer the charge or challenge his dismissal. Examines the United States Supreme Court ruling, immediate due process implications, unanswered questions, and lower court…

This checklist is designed to reduce the prospect that a termination decision will be reversed in a grievance procedure, arbitration, state agency hearing, or court proceeding. The checklist is arranged under the following headings: (1) What is the real reason for considering firing this individual? (distinction between reduction-in-force and…

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…

This publication is intended to outline basic legal issues in key areas confronting the postsecondary education community, and to provide background information of which every college administrator should be aware. Chapter I, "Employment, Evaluation, and Retention or Nonretention of Faculty and Staff," discusses the legal obligations and rights of…

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

This chapter reviews collective bargaining cases in education during 1986. Although the courts addressed a broad range of topics, no new legal principles were applied in these cases. The courts relied on traditional labor law concepts and applied them to the specific statutes and policies of the applicable jurisdiction. The review addresses the…

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)

Higher education case law in 1990 is discussed in this chapter under nine major topics: (1) intergovernmental relations; (2) discrimination in employment; (3) faculty employment; (4) administrators and staff; (5) students; (6) liability; (7) antitrust; (8) patents; and (9) estates and wills. Questions of the authority of federal, state, and local…

Themes in 1989 higher education case law reflect the difficulty in reducing the federal deficit, increased service demands on state budgets, and an economic condition of marginal growth. The interpretation of constitutional rights in relationships between the institution and students, employees, and communities continues to be heavily litigated.…

The higher education case law in 1988 is extensive. Cases discussed in this chapter are organized under five major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining, and denial of employee benefits; (3) students, involving admissions, financial aid, First…

Litigation in 1987 was very brisk with an increase in the number of higher education cases reviewed. Cases discussed in this chapter are organized under four major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining and denial of employee benefits; (3)…

Litigation over the rights of handicapped students and employees continued at a significant level during 1989. Recovery of attorneys' fees was the most frequently litigated handicapped issue. Cases are summarized under the following topics: (1) entitlement to services; (2) procedural safeguards, including change in placement, administrative…

This chapter includes all cases involving student-athletes, coaches, athletic directors, athletic associations, and booster organizations at both the K-12 and higher education levels. However, no case law is discussed that pertains to physical education instruction or intramural participation. The cases are discussed in the following sections: (1)…

Litigation of handicapped students' and employees' rights continued at a significant level in 1988. Requests for attorneys' fees under the Handicapped Children's Protection Act was the focus of the greatest number of cases. As in 1987, two major issues were raised in these cases: the availability of fees for administrative hearings and the…