Legal Guide for Student Affairs Professionals / Edition 2

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The student affairs market has experienced a great boom in the last decade. Based on the fourth edition of the indispensable guide to the laws that bear on the conduct of higher education, this updated student affairs edition provides a reference and guide for student affairs practitioners and graduate students in student affairs administration courses. This volume combines sections that are pertinent to student affairs practitioners, as well as the government regulatory and administrative issues found in the full Fourth Edition. It is thus the most comprehensive and easy-to-use volume for student affairs officers and students.

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Product Details

  • ISBN-13: 9780470433935
  • Publisher: Wiley, John & Sons, Incorporated
  • Publication date: 3/3/2009
  • Edition description: New Edition
  • Edition number: 2
  • Pages: 864
  • Sales rank: 445,339
  • Product dimensions: 6.90 (w) x 9.90 (h) x 1.70 (d)

Meet the Author

William A. Kaplin is professor of law at the Columbus School of Law, The Catholic University of America, in Washington, D.C., where he is also special counsel to the university general counsel. He is also Distinguished Professorial Lecturer at the Stetson University College of Law in Florida and a senior fellow of Stetson's Center for Excellence in Higher Education Law and Policy. He has been a visiting professor at Cornell Law School, at Wake Forest University School of Law, and at Stetson; a distinguished visiting scholar at the Institute for Higher Education Law and Governance, University of Houston; and a visiting scholar at the Institute for Educational Leadership, George Washington University. He is the former editor of the Journal of College and University Law and subsequently has been a member of its editorial board for many years. He is a former member of the Education Appeal Board at the U.S. Department of Education. He is also a member of the U.S./U.K. Higher Education Law Roundtable that had its fi rst meeting in summer 2004 at New College, Oxford University, and a mentor/leader for the bi annual Higher Education Law Roundtable for emerging scholars at the University of Houston Law Center. Professor Kaplin received the American Council on Education's Borden Award, in recognition of the fi rst edition of The Law of Higher Education and the Association for Student Judicial Affairs D. Parker Young Award in recognition of research contributions. He has also been named a Fellow of the National Association of College and University Attorneys.
In addition to co-authoring the fi rst edition of A Legal Guide for Student Affairs Professionals (1997), Professor Kaplin has also authored or co - authored the various editions of and periodic supplements for The Law of Higher Education, co-authored the student edition (The Law of Higher Education, Fourth Edition: Student Version (2007)), and co-authored Cases, Problems, and Materials for Use with The Law of Higher Education (NACUA, 2006). He also co-authored State, School, and Family: Cases and Materials on Law and Education (2d ed., 1979) and authored The Concepts and Methods of Constitutional Law (1992) and American Constitutional Law: An Overview, Analysis, and Integration (2004). He has also authored numerous articles, monographs, chapters, and reports on education law and policy and on constitutional law.
Bill Kaplin received his B.A. degree (1964) in political science from the University of Rochester and his J.D. degree with distinction (1967) from Cornell University, where he was editor-in-chief of the Cornell Law Review. He then worked with a Washington, D.C., law fi rm, served as a judicial clerk at the U.S. Court of Appeals for the District of Columbia Circuit, and was an attorney in the education division of the U.S. Department of Health, Education and Welfare, before joining the Catholic University law faculty.

Barbara A. Lee is professor of human resource management at the School of Management and Labor Relations, Rutgers University, in New Brunswick, N.J.
She is also of counsel to the law firm of Edwards Angell Palmer & Dodge, LLP. She is a former dean of the School of Management and Labor Relations, and also served as associate provost, department chair, and director of the Center for Women and Work at Rutgers University. She chaired the editorial board of the Journal of College and University Law, served as a member of the Board of Directors of the National Association of College and University Attorneys, and was named a NACUA Fellow. She also serves on the Executive Committee of the New Jersey State Bar Association's Section on Labor and Employment Law, and formerly served on the executive committee of the Human Resource Management Division of the Academy of Management. Professor Lee chairs the Higher Education Committee of the New Jersey State Bar Association. She is also a member of the U.S./U.K. Higher Education Law Roundtable. She received a distinguished alumni award from the University of Vermont in 2003.
In addition to coauthoring the third and fourth editions of The Law of Higher Education and its Student Version, supplements and updates, as well as A Legal Guide for Student Affairs Professionals (1997), Professor Lee also co-authored Academics in Court (1987, with George LaNoue), and has written numerous articles, chapters, and monographs on legal aspects of academic employment. She serves as an expert witness in tenure, discharge, and discrimination cases, and is a frequent lecturer and trainer for academic and corporate audiences.
Barbara Lee received her B.A. degree summa cum laude (1971) in English and French from the University of Vermont. She received an M.A. degree (1972) in English and a Ph.D. (1977) in higher education administration from The Ohio State University. She earned a J.D. cum laude (1982) from the Georgetown University Law Center. Prior to joining Rutgers University in 1982, she held professional positions with the U.S. Department of Education and the Carnegie Foundation for the Advancement of Teaching.

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Table of Contents

Notice of Web Site and Periodic Supplements for This Edition.



The Authors.


1 Overview of Higher Education Law.

1.1. How Far the Law Reaches and How Loud It Speaks.

1.2. Evolution of Higher Education Law.

1.3. The Governance of Higher Education.

1.4. Sources of Higher Education Law.

1.5. The Public-Private Dichotomy.

1.6. Religion and the Public-Private Dichotomy.

Selected Annotated Bibliography.

2. Legal Planning and Dispute Resolution.

2.1. Legal Liability.

2.2. Litigation in the Courts.

2.3. Alternate Dispute Resolution.

2.4. Institutional Management of Liability Risk.

2.5. The Relationship Between Law and Policy.

Selected Annotated Bibliography.


3. The College and Its Trustees.

3.1. The Question of Authority.

3.2. Institutional Tort Liability.

3.3. Institutional Contract Liability.

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

Selected Annotated Bibliography.

4. The College and Its Employees.

4.1. Overview of Employment Relationships.

4.2. Employment Contracts.

4.3. Collective Bargaining.

4.4. Personal Liability of Employees.

4.5. Employment Discrimination.

4.6. Affi rmative Action.

4.7. Application of Nondiscrimination Laws to Religious Institutions.

4.8. Faculty Academic Freedom and Freedom of Expression.

Selected Annotated Bibliography.


5. The Legal Status of Students.

5.1. The Legal Status of Students.

5.2. The Contractual Rights of Students.

5.3. Student Academic Freedom.

5.4. Students’ Legal Relationships with Other Students.

5.5. Student Files and Records.

Selected Annotated Bibliography.

6. Admissions and Financial Aid.

6.1. Admissions.

6.2. Financial Aid.

Selected Annotated Bibliography.

7. The Campus Community.

7.1. Student Housing.

7.2. Campus Computer Networks.

7.3. Campus Security.

7.4. Other Support Services.

Selected Annotated Bibliography.

8. Academic Policies and Concerns.

8.1. Overview.

8.2. Awarding of Grades and Degrees.

8.3. Sexual Harassment of Students by Faculty Members.

8.4. Evaluating Students with Disabilities.

Selected Annotated Bibliography.

9. The Disciplinary Process.

9.1. Disciplinary and Grievance Systems.

9.2. Disciplinary Rules and Regulations.

9.3. Procedures for Suspension, Dismissal, and Other Sanctions.

Selected Annotated Bibliography.

10. Students’ Freedom of Expression.

10.1. Student Protests and Freedom of Speech.

10.2. Speech Codes and the Problem of Hate Speech.

Selected Annotated Bibliography.


11. Student Organizations and Their Members.

11.1. Student Organizations.

11.2. Fraternities and Sororities.

11.3. The Student Press.

11.3.6. Obscenity and libel in private institutions.

Selected Annotated Bibliography.

12. Athletics.

12.1. General Principles.

12.2. Athletes’ Due Process Rights.

12.3. Athletes’ Freedom of Speech.

12.4. Pertinent Statutory Law.

12.5. Athletic Scholarships.

12.6. Sex Discrimination.

12.7. Discrimination on the Basis of Disability.

12.8. Drug Testing.

12.9. Tort Liability for Athletic Injuries.

Selected Annotated Bibliography.


13. Local and State Governments.

13.1. Local Governments and the Local Community.

13.2. State Government.

Selected Annotated Bibliography.

14. The Federal Government.

14.1. Overview of Federal Government Authority.

14.2. Copyright Law.

14.3. Trademark Law.

14.4. Antitrust Law.

14.5. Americans with Disabilities Act.

14.6. Laws Regulating Computer Network Communications.

14.7. Federal Taxation of Postsecondary Education.

14.8. Federal Aid-to-Education Programs.

14.9. Civil Rights Compliance.

14.10. Dealing with the Federal Government.

Selected Annotated Bibliography.

15. Private Entities.

15.1. Education Associations.

15.2. Accrediting Agencies.

15.3. Athletic Associations and Conferences.

15.4. Private Business.

Selected Annotated Bibliography.

Appendix A. Constitution of the United States of America: Provisions of Particular Interest to Postsecondary Education.

Cases Index.

Statute Index.

Subject Index.

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