The Law of Higher Education

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William A. Kaplin. The Law of Higher Education

Table of Contents

List of Illustrations

Guide

Pages

The Law of Higher Education

Student Version

Notice to Instructors

Notice of Website and Periodic Supplements for the Student Version

Crosswalk for the Student Version and The Law of Higher Education, Sixth Edition

Preface

How the Student Version Was Developed

Developments in Higher Education Law Since the Publication of the Fifth Edition

Organization and Content of the Student Version

A Note on Nomenclature

Recommendations for Using the Student Version and Keeping Up-to-Date

Endnote

Acknowledgments

The Authors

General Introduction: The Study of Higher Education Law

A. The Universe of Education Law

B. The Governance of Higher Education

C. Sources of Higher Education Law

D. The Legal Relationships Within Institutions of Higher Education

E. The Law/Policy Distinction

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

Notes

1 Overview of Higher Education Law

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

Section 1.2. Evolution of Higher Education Law

Section 1.3. The Governance of Higher Education

Section 1.4. Sources of Higher Education Law

1.4.2 External sources of law

1.4.3 Internal sources of law

Section 1.5. The Public-Private Dichotomy

1.5.2. The state action doctrine

Section 1.6. Religion and the Public-Private Dichotomy

Section 1.7. The Relationship Between Law and Policy

Notes

2 Legal Planning and Dispute Resolution

Section 2.1. Legal Liability

Section 2.2. Litigation in the Courts

Section 2.3. Alternative Dispute Resolution

Section 2.4. Institutional Management of Liability Risk6

Notes

3 The College's Authority and Liability

Section 3.1. The Question of Authority

Section 3.2. Institutional Tort Liability

3.2.2 Negligence

Section 3.3. Institutional Contract Liability

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

Notes

4 The College and Its Employees

Section 4.1. Overview of Employment Relationships

Section 4.2. Employment Contracts

Section 4.3. Collective Bargaining

Section 4.4. Personal Liability of Employees

4.4.2 Tort liability

4.4.4. Constitutional liability (personal liability under Section 1983)

Section 4.5. Employment Discrimination

Section 4.5.2. Sources of law

Section 4.6. Affirmative Action1

Section 4.7. Application of Nondiscrimination Laws to Religious Institutions

Note

5 Special Issues in Faculty Employment

Section 5.1. Overview

Section 5.2. Faculty Contracts

Section 5.3. Faculty Collective Bargaining

Section 5.4. Application of Nondiscrimination Laws to Faculty Employment Decisions

Section 5.5. Affirmative Action in Faculty Employment Decisions

Section 5.6. Standards and Criteria for Faculty Personnel Decisions

Section 5.7. Procedures for Faculty Employment Decisions

5.7.2. The public faculty member's right to constitutional due process

Notes

6 Faculty Academic Freedom and Freedom of Expression

Section 6.1. General Concepts and Principles

Section 6.2. Academic Freedom in Teaching

Section 6.3. Academic Freedom in Research and Publication

Section 6.4. Academic Freedom in Religious Colleges and Universities

Notes

7 The Student-Institution Relationship

Section 7.1. The Legal Status of Students

Section 7.2. Admissions

7.2.4. The principle of nondiscrimination

Section 7.3. Financial Aid

7.3.5. Discrimination against noncitizens

Section 7.4. Student Housing

7.4.3. Searches and seizures

Section 7.5. Campus Computer Networks

Section 7.6. Campus Security

Section 7.7. Other Support Services

Section 7.8. Student Records

Notes

8 Student Academic Issues

Section 8.1. Overview

Section 8.2. Grading and Academic Standards

Section 8.3. Online Programs

Section 8.4. Academic Accommodations for Students with Disabilities

8.4.2. Requests for programmatic or other accommodations

Section 8.5. Sexual Harassment of Students by Faculty Members

Section 8.6. Academic Dismissals and Other Academic Sanctions

8.6.5. Procedures for academic sanctions

Notes

9 Student Disciplinary Issues

Section 9.1. Disciplinary and Grievance Systems

Section 9.2. Disciplinary Rules and Regulations

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

9.3.2. Public institutions: Disciplinary sanctions

Section 9.4. Student Protests and Freedom of Speech

Section 9.5. Speech Codes and the Problem of Hate Speech3

Notes

10 Rights and Responsibilities of Student Organizations and Their Members

Section 10.1. Student Organizations

Section 10.2. Fraternities and Sororities

Section 10.3. The Student Press

Section 10.4. Athletic Teams and Clubs

Notes

11 The College and Government

Section 11.1. Local Government Regulation

Section 11.2. State Government Regulation

11.2.4. Other state regulatory laws affecting postsecondary education programs

Section 11.3. Federal Government Regulation

11.3.2. Federal regulation of postsecondary education

Section 11.4. Federal Aid-to-Education Programs

Section 11.5. Civil Rights Compliance3

11.5.3. Title IX.5

Notes

12 The College and External Private Entities

Section 12.1. The Education Associations

Section 12.2 Business Partners

Notes

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

Appendix B: The American Court System

Notes

Appendix C: Reading and Analyzing Court Opinions

Appendix D: Glossary of Legal Terms

Bibliography

Chapter 1

Chapter 2

Chapter 3

Chapter 4

Chapter 5

Chapter 6

Chapter 7

Chapter 8

Chapter 9

Chapter 10

Chapter 11

Chapter 12

Statute Index

Case Index

Subject Index

WILEY END USER LICENSE AGREEMENT

Отрывок из книги

William A. Kaplin

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The Court also rejected two other arguments of the teachers: that the school was engaged in state action because it performed a “public function” and that the school had a “symbiotic relationship” with—that is, was engaged in a “joint venture” with—government, which constitutes state action under the Court's earlier case of Burton v. Wilmington Parking Authority, 365 U.S. 715 (1961) (discussed above). As to the first argument, the Court reasoned in Rendell-Baker that the appropriate inquiry was whether the function performed has been “traditionally the exclusive prerogative of the state” (quoting Jackson v. Metropolitan Edison Co., 419 U.S. at 353). The Court explained that the state never had exclusive jurisdiction over the education of students with special needs and had only recently assumed the responsibility to educate them.

As to the teachers' second argument, the Court concluded simply that “the school's fiscal relationship with the state is not different from that of many contractors performing services for the government. No symbiotic relationship such as existed in Burton exists here.”

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