Explores sources of legal rights for students and personnel in private colleges and universities. Presents cases to illustrate the ways that federal courts have addressed campus due-process concerns at institutions accredited by the North Central Association. Concludes that due-process protections are generally lacking. (LAL)

Although a 1975 Supreme Court ruling upheld students' suspension or expulsion from school, these punishments may not apply to handicapped students, who are guaranteed a free, appropriate education under the Education for All Handicapped Children Act. Article discusses implications of "Honig v. Doe" (1988), a Supreme Court decision…

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…

School officials should adopt no-tolerance policies that require educators' discretion in punishing misbehaving students (based on due process and fundamental fairness), rather than relying on the zero-tolerance approach, which fails to differentiate among different levels of offenses. Even disruptive students deserve due process and appropriate…

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…

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.…

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…

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…

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)

The impact of a college administrator's decision that imposes conditions on enrollment of an emotionally or mentally impaired student is examined in the context of constitutional and federal law, including Section 504 of the Rehabilitation Act of 1973. The school's responsibility in such cases is discussed including providing the student with…

This collection contains 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It has as its focus education law, yet it covers a wide variety of topics and issues affecting the entire range of education from preschool to college. Among the topics are the following: school vouchers; school safety and…

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…

Various legal issues associated with teacher evaluation and significant court decisions are summarized in this handbook. Three major legal issues are defined: (1) failure of the school district to follow due process when terminating tenured and non-tenured teachers, or when abolishing positions; (2) discrimination in employment and promotion, or…

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)

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)