Legal Guide for Student Affairs Professionals

WILLIAM A. KAPLIN is professor of law emeritus at The Catholic University of America, Washington, DC, where he also served as special counsel to the Office of General Counsel. He is now senior fellow at the Center for Excellence in Higher Education Law and Policy, Stetson University College of Law.BARBARA A. LEE is professor of human resource management at Rutgers University’s School of Management and Labor Relations and of counsel to the law firm of Edwards Wildman Palmer. An attorney, she teaches employment law and higher education law.Together they are the authors of The Law of Higher Education, now in its fifth edition.

• Notice of Web Site and Periodic Supplements for This Edition vPreface xviiAcknowledgements xxvThe Authors xxixPart One Perspectives and Foundations 11 Overview of Higher Education Law 31.1. How Far the Law Reaches and How Loud It Speaks 31.2. Evolution of Higher Education Law 71.3. The Governance of Higher Education 91.4. Sources of Higher Education Law 161.5. The Public-Private Dichotomy 231.6. Religion and the Public-Private Dichotomy 352. Legal Planning and Dispute Resolution 572.1. Legal Liability 572.2. Litigation in the Courts 662.3. Alternate Dispute Resolution 792.4. Institutional Management of Liability Risk 852.5. The Relationship Between Law and Policy 94Part Two The College, Its Governing Board, and Employees 1033. The College and Its Trustees 1053.1. The Question of Authority 1053.2. Institutional Tort Liability 1093.3. Institutional Contract Liability 1283.4. Institutional Liability for Violating Federal Constitutional Rights (Section 1983 Liability) 1324. The College and Its Employees 1424.1. Overview of Employment Relationships 1424.2. Employment Contracts 1444.3. Collective Bargaining 1454.4. Personal Liability of Employees 1494.5. Employment Discrimination 1594.6. Affirmative Action 1824.7. Application of Nondiscrimination Laws to Religious Institutions 1904.8. Faculty Academic Freedom and Freedom of Expression 196Part Three The College and Its Students 2415. The Legal Status of Students 2435.1. The Legal Status of Students 2435.2. The Contractual Rights of Students 2445.3. Student Academic Freedom 2535.4. Students’ Legal Relationships with Other Students 2625.5. Student Files and Records 2696. Admissions and Financial Aid 2806.1. Admissions 2806.2. Financial Aid 3307. The Campus Community 3597.1. Student Housing 3597.2. Campus Computer Networks 3717.3. Campus Security 3807.4. Other Support Services 3908. Academic Policies and Concerns 4028.1. Overview 4028.2. Awarding of Grades and Degrees 4028.3. Sexual Harassment of Students by Faculty Members 4108.4. Evaluating Students with Disabilities 4269. The Disciplinary Process 4419.1. Disciplinary and Grievance Systems 4419.2. Disciplinary Rules and Regulations 4519.3. Procedures for Suspension, Dismissal, and Other Sanctions 45610. Students’ Freedom of Expression 47810.1. Student Protests and Freedom of Speech 47810.2. Speech Codes and the Problem of Hate Speech 498Part Four: The College and Its Student Organizations 51111. Student Organizations and Their Members 51311.1. Student Organizations 51311.2. Fraternities and Sororities 53811.3. The Student Press 54912. Athletics 56812.1. General Principles 56812.2. Athletes’ Due Process Rights 56912.3. Athletes’ Freedom of Speech 57012.4. Pertinent Statutory Law 57312.5. Athletic Scholarships 57412.6. Sex Discrimination 57812.7. Discrimination on the Basis of Disability 58912.8. Drug Testing 59112.9. Tort Liability for Athletic Injuries 596Part Five: The College and The Outside World 60513. Local and State Governments 60713.1. Local Governments and the Local Community 60713.2. State Government 64814. The Federal Government 67214.1. Overview of Federal Government Authority 67214.2. Copyright Law 67514.3. Trademark Law 69014.4. Antitrust Law 69614.5. Americans with Disabilities Act 70214.6. Laws Regulating Computer Network Communications 70514.7. Federal Taxation of Postsecondary Education 71814.8. Federal Aid-to-Education Programs 72214.9. Civil Rights Compliance 72514.10. Dealing with the Federal Government 74415. Private Entities 75815.1. Education Associations 75815.2. Accrediting Agencies 76015.3. Athletic Associations and Conferences 76215.4. Private Business 780Appendix A. Constitution of the United States of America: Provisions of Particular Interest to Postsecondary Education 794Cases Index 799Statute Index 811Subject Index 815