Law of Higher Education, 5th Edition - Student Version

"In the increasingly litigative environment of higher education, this comprehensive, practical, and up-to-date legal guide is indispensable for administrators, attorneys, and researchers. Due to numerous changes in the law and many new cases since the previous edition, the Fifth Edition contains new material relating to: hate speech and free speech rights of faculty in public universities; student suicide; campus safety; police and administrators' right to search students' residence hall rooms; and nondiscrimination and affirmative action in employment, admissions, and financial aid"--

List of contents

Notice to Instructors vii

Notice of Web Site and Periodic Supplements for the Student Version ix

Crosswalk for the Student Version xix

Preface xxix

Acknowledgments xxxvii

The Authors xxxix

General Introduction: The Study of Higher Education Law 1

A. The Universe of Education Law 1

B. The Governance of Higher Education 3

C. Sources of Higher Education Law 3

D. The Legal Relationships Within Institutions of Higher Education 4

E. The Law/Policy Distinction 7

F. The U.S. Legal System as It Relates to Higher Education Law 7

PART ONE PERSPECTIVES AND FOUNDATIONS 9

1 Overview of Higher Education Law 11

Section 1.1 How Far the Law Reaches and How Loudly It Speaks 11

Section 1.2 Evolution of Higher Education Law 16

Section 1.3 The Governance of Higher Education 18

Section 1.4 Sources of Higher Education Law 24

Section 1.5 The Public-Private Dichotomy 33

Section 1.6 Religion and the Public-Private Dichotomy 46

Section 1.7 The Relationship Between Law and Policy 62

2 Legal Planning and Dispute Resolution 66

Section 2.1 Legal Liability 66

Section 2.2 Litigation in the Courts 71

Section 2.3 Alternative Dispute Resolution 80

Section 2.4 Institutional Management of Liability Risk 86

PART TWO THE COLLEGE AND ITS GOVERNING BOARD AND STAFF 91

3 The College's Authority and Liability 93

Section 3.1 The Question of Authority 93

Section 3.2 Institutional Tort Liability 97

Section 3.3 Institutional Contract Liability 125

Section 3.4 Institutional Liability for Violating Federal Constitutional Rights (Section 1983 Liability) 129

4 The College and Its Employees 136

Section 4.1 Overview of Employment Relationships 136

Section 4.2 Employment Contracts 138

Section 4.3 Collective Bargaining 140

Section 4.4 Personal Liability of Employees 144

Section 4.5 Employment Discrimination 159

Section 4.6 Affirmative Action 192

Section 4.7 Application of Nondiscrimination Laws to Religious Institutions 203

PART THREE THE COLLEGE AND ITS FACULTY 211

5 Special Issues in Faculty Employment 213

Section 5.1 Overview 213

Section 5.2 Faculty Contracts 214

Section 5.3 Faculty Collective Bargaining 226

Section 5.4 Application of Nondiscrimination Laws to Faculty Employment Decisions 231

Section 5.5 Affirmative Action in Faculty Employment Decisions 239

Section 5.6 Standards and Criteria for Faculty Employment Decisions 243

Section 5.7 Procedures for Faculty Employment Decisions 253

6 Faculty Academic Freedom and Freedom of Expression 275

Section 6.1 General Concepts and Principles 275

Section 6.2 Academic Freedom in Teaching 307

Section 6.3 Academic Freedom in Research and Publication 327

Section 6.4 Academic Freedom in Religious Colleges and Universities 338

PART FOUR THE COLLEGE AND ITS STUDENTS 341

7 The Student-Institution Relationship 343

Section 7.1 The Legal Status of Students 343

Section 7.2 Admissions 376

Section 7.3 Financial Aid 424

Section 7.4 Student Housing 446

Section 7.5 Campus Computer Networks 461

Section 7.6 Campus Security 476

Section 7.7 Other Support Services 490

Section 7.8 Student Records 495

8 Student Academic Issues 507

Section 8.1 Overview 507

Section 8.2 Grading and Academic Standards 508

Section 8.3 Online Programs 516

Section 8.4 Academic Accommodations for Students with Disabilities 519

Section 8.5 Sexual Harassment of Students by Faculty Members 533

Section 8.6 Academic Dismissals and Other Academic Sanctions 553

9 Student Disciplinary Issues 569

Section 9.1 Disciplinary and Grievance Systems 569Section 9.2 Disciplinary Rules and Regulations 580

Section 9.3 Procedures for Suspension, Dismissal, and Other Sanctions 587

Section 9.4 Student Protests and Freedom of Speech 602

Section 9.5 Speech Codes and the Problem of Hate Speech 624

10 Rights and Responsibilities of Student Organizations and Their Members 637

Sectio

Product details

• Authors: William Kaplin, William A Kaplin, William A. Kaplin, William A. Lee Kaplin, Barbara A Lee, Barbara A. Lee
• Publisher: Wiley, John and Sons Ltd
• Languages: English
• Product format: Paperback / Softback
• Released: 18.03.2014
• EAN: 9781118036624
• ISBN: 978-1-118-03662-4
• No. of pages: 944
• Series: Jossey-Bass Higher & Adult Edu; Jossey-Bass Higher & Adult Edu
• Subject: Humanities, art, music > Education > Education system