In the case of Ingraham vs. Wright, the United States Supreme Court ruled that under the eighth amendment school children do not have constitutional protection from the use of corporal punishment. The majority decision relies heavily on assumptions concerning the tradition and effectiveness of the use of corporal punishment in education. In an…

The handbook is part of a series on legal services for the elderly which can be provided by senior citizens functioning as paralegals. It is designed to teach paralegals to represent claimants at a Social Security administrative hearing. The handbook is designed to serve the following purposes: (1) to present major legal concepts governing the…

The legal aspects of many campus issues were the concerns of the conference "Higher Education: The Law and Institutional Response." The central purpose of the conference was to present and discuss judicial decisions and trends and their implications for and applications to the posture of academic decisionmaking. The issues of concern…

Hearings and other due process protections have recently been extended to many social welfare clients. If clients are to benefit, practitioners must be trained in legal skills, and agencies structured to accommodate due process hearings without compromising their other obligations. (Author)

The danger of misusing a psychiatric withdrawal policy to remove students who are perceived as "troublesome" or eccentric is discussed. When violations of student conduct regulations have occurred, the frequent resort to psychiatric withdrawals will deny students and the campus the important benefits and protections associated with…

A legal approach to due process in cases of college student cheating is outlined. Issues discussed include severity of the misconduct, need for informal vs. formal procedures, the due process paradigm as reflected in relevant court litigation, and steps in application of the paradigm (preliminary steps, notice and hearing procedures).(MSE)

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…

Faculty collective bargaining is a recent development on the campuses of four-year colleges and universities. The factors that stimulated this development are outlined in this study as are some of the special problems generated by faculty bargaining, especially determination of the bargaining unit and the appropriate scope of negotiations. Some…

Current literature and federal agency pronouncements concerning falsification of discovery, theft of discoveries, and violations of accepted research procedures are examined, and internal institutional procedures for addressing these issues are suggested. Particular attention is given to due process afforded to faculty accused of such misconduct.…

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)

Charlotte Horowitz's civil rights action challenging her dismissal from the University of Missouri Medical School is examined in terms of her right to due process. The court ruled that dismissals from public educational institutions for academic as opposed to disciplinary reasons do not mandate a hearing before the school's decision-making body.…

Procedural due process issues concerning the suspension or dismissal of medical and dental residents are outlined, and related court litigation is discussed. It is concluded that courts generally follow the faculty due process model. (Author/MSE)

This paper argues that natural justice principles animating English procedural law and due process jurisprudence playing the same role in American law should be interpreted to protect the intrinsic values associated with fair disciplinary hearing. This approach demands that college students facing expulsion or suspension be afforded an impartial…

This primer on legal issues and responsibilities, prepared for independent schools, provides a reference for staff, administrators, and trustees in recognizing and preventing legal problems. Legal issues surrounding the roles of trustees, school head, faculty, and students are noted, including school accountability to educate, the relationship…

The examination of Montana's teacher tenure laws as mandated by House Joint Resolution 43, required a thorough review of the legislative development of the teacher employment laws, a summary of relevant case law on the rights of school boards and teachers, an awareness of the philosophical postures of the affected parties, and a dispassionate look…