In Tarasoff v. Regents of the University of California the court ruled that a psychotherapist is obliged to warn third persons of threats made against them during therapy. Substantive background of this legislation; the nature of the psychotherapeutic relationship, confidentiality, and patients' rights; and the Lanterman-Petris-Short Act are…

The first amendment, privacy, and due process rights of public employees are reviewed and many legal uncertainties and their effect on the public employees are noted. Special emphasis is on the first amendment and due process, since these are areas where the most challenges have taken place. (LBH)

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)

The legal rights of college students have changed substantially over the years, particularly during the 20th century. This paper provides a historical sketch of student rights, including a listing of significant events and cases, from the founding of Harvard College in 1636 to the bicentennial of the Constitution and the 50th anniversary of the…

This publication presents topic headings that may be used as a checklist of state law grounds for challenging a disciplinary action. Topics include: (1) illegality in rule adoption; (2) inadequate notice that conduct is subject to discipline; (3) existence of a protected interest; (4) inadequate notice of hearing; (5) inadequate hearing…

Limited to teacher conduct of a nonverbal nature occurring outside the school setting, this monograph presents the case law resulting from the dismissal of teachers for unacceptable conduct. The first section reviews literature on teachers' personal conduct. The second deals with the issue of whether a teacher is obligated to serve as an exemplar…

During the past year, in cases involving the authority of school boards to make curricular decisions and provide for services, the courts have balanced school board authority against constitutional and statutory provisions related to privacy, free exercise of religion, and public records laws. Section 1, "School Boards and Board Members," outlines…

Confidentiality issues in cooperative relationships between schools and agencies providing services to children and families with special needs are examined. Introductory sections consider the need to share information and the nature of confidentiality restrictions. A section on overall information sharing considers: when to address the…

This pamphlet analyzes some of the legal issues colleges and universities face in regard to faculty and student access to computers and the World Wide Web, evaluates current legal developments, and offers guidelines for developing policies for computer access. It examines sample acceptable-use standards, procedures for suspending or terminating a…

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…

A 4-day simulation activity encourages high school students to confront issues of law and journalism through exploration of seven legal issues: prior restraint, access to courts, rights of reply, libel, privacy, confidential sources, and use of stolen documents. The kit contains all materials needed for the simulation, including a director's…

Legal aspects of the administration of student services are examined from various viewpoints in the 10 chapters of this monograph. In light of the increasing number of legal cases affecting student development work in higher education, it is suggested that approaches different from those of the traditional student personnel relationship are…

Legal issues of minimum competency testing derive from federal and state constitutional, statutory, and regulatory provisions, and from common law. Constitutional provisions for equal protection, due process, and freedom of belief and privacy, are primarily federal; education provisions are state mandated. Only four court cases have directly…