Suggests laboratory instructors preserve the necessary evidence after an incident in classroom. Included is a checklist for gathering evidence that trial lawyers will need to present defense adequately. (CC)

Suggests guardianships of the elderly are determined in an informal manner that may not afford the aged the full benefit of due process. Describes a manual to help educate the guardian ad litem about the elderly and about how they can make proceedings more formal and adversarial in nature. (Author/RC)

This monograph presents a succinct overview of the legal parameters regarding nonretention and dismissal for cause of employees of higher education institutions. The monograph is written in everyday language for the lay reader and presents a concise review of case law on the subject. An introductory chapter discusses judicial review, the…

Existing judicial authority on the legal status of academic tenure at the college level is examined including acquisition of tenure, obstacles to enforcement and grounds for dismissal, and procedural protections. Disadvantages of attempted legal solutions are emphasized, but the value of judicial review to curb arbitrary decisions is also…

For over a decade, school administrators and school attorneys have been struggling with the appropriate procedures to follow in disciplining public school children. Many articles have been written concerning due process. This publication focuses not on the legal history of school discipline cases, but on the implementation and administration of…

Explores some legal issues and principles relevant to university administrators' decision-making processes, focusing on three areas: discretion (i.e., level at which a decision is made); procedural fairness (when it is required, what it applies to, rules, and biases); and review of decisions. Emphasis is on the Australian context. (MSE)

Analyzes the validity of parietal rules under both the due process and equal protection clauses of the Fourteenth Amendment. Models of substantive due process and equal protection are developed and applied to the various types of parietal rules that have been implemented at universities throughout the nation. (Author/JT)

Examines the different procedural safeguards which students enjoy in connection with the various disciplinary measures imposed by public school officials: procedural due process rights of students when they are subject to suspensions of up to 10 days, 10 days to three months, more than three months, and expulsions. (JT)

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)

This paper addresses application of the Doctrine of Exhaustion of Administrative Remedies (the legal doctrine that a party may not seek judicial relief for supposed or threatened injuries until the prescribed administrative remedies have been exhausted), in relation to cases brought under the Education for All Handicapped Children Act of 1975…

The practitioner advising a school board in connection with a reduction in force can appreciate that the board has great flexibility in implementing its decision. As long as the board's actions are not arbitrary, capricious, or pretextual, and they afford minimal due process protections to tenured teachers, the board's decisions will withstand…

The study examined standards applied by judges and hearing officers in deciding disputes related to the least restrictive environment (LRE) placement of handicapped children. The historical basis of the requirement is reviewed, focusing on court decisions; the requirements of P.L. 94-142, the Education for All Handicapped Children Act regarding…

An overview of recent court cases concerning dismissal of tenured college faculty for reasons of financial exigency focuses on court definitions of exigency, criteria for "just cause" for termination, due process requirements, reemployment, compensation for wrongful termination, and legal requirements that constitute "good…

Despite the significant amount of attention given to student description, a serious controversy remains regarding the procedures that constitute effective discipline. This book is designed to meet the need for systematic investigation of the parameters of appropriate disciplinary practices for all students. It helps administrators formulate,…

Competency-based education programs could raise three kinds of legal issues: claims under the due process clause, claims of discrimination under the equal protection clause, and claims of negligence. (Author/JM)