The Rights and Responsibilities of the Modern University


Book Description

The past decades have seen an alarming increase in campus crime, alcohol abuse by college students, hazing and other risky student activities. There is a growing awareness of the need to make safer college campuses. While danger to students has been on the rise, the relationships between students and their universities has grown increasingly distant. The rise in danger and the loss of community on college campuses has been inadvertently facilitated by legal rules. Courts crafted legal protections for colleges which backfired: legal rules designed to protect colleges from lawsuits instead encouraged colleges to become insular and to avoid positive steps to protect student safety. Bickel and Lake re-imagine the role of law in university/student relations. Picking up on recent court decisions and legislative initiatives, the authors describe a new legal paradigm for college safety - the facilitator university. The modern college is not a baby-sitter or custodian of students: but it is also not a mere bystander to student safety. The facilitator university balances the rights and responsibilities of students and institutions and envisions campuses which feature shared responsibility for student safety. Law can be a positive tool for improving safety and community on modern campuses. "This work is a significant contribution to the law of student safety.... It reconciles the best advice of a university lawyer with the best instincts of an experienced student affairs administrator."--Paul J. Ward, Arizona State University and Former President, National Association of College and University Attorneys; and Christine K. Wilkinson, Vice President for Student Affairs, Arizona State University "By now it is probably obvious to college counselors and psychotherapists why this book will be immensely relevant and essential to their professional work. It contains valuable legal and historical information that can provide context and guidance in their direct work with student clients and it is a bright beacon that can inform and illuminate their consultation services with colleagues. I recommend it to readers unqualifiedly."--Gerald Amada, PhD, Journal of College Student Psychotherapy; Vol. 17, No. 2, 2002




The Rights and Responsibilities of the Modern University


Book Description

This substantially revised and updated second edition includes discussion of recent judicial, legislative and regulatory college safety mandates, modern risk management and prevention practices, and the explosion in college safety and wellness issues (suicide, active shooter violence, sexual assault, etc.) while remaining faithful to the core vision of the first edition. The second edition also addresses the disturbing rise of a new nemesis of the facilitator university -- "Compliance U." Crushing new regulatory burdens significantly impact academic freedom and autonomy, and may interfere with the facilitator's chief goal of creating a sustainable, reasonably safe and responsible college environment. "Peter Lake has done it again. Over my seven years as General Counsel for a small faith-based college with few resources, I have utilized Peter Lake's writings as a guide to teach my constituents the basics of higher education law and to help me navigate the future in the ever-changing, litigious world of college life. From the first edition of Rights and Responsibilities to his 2009 work Beyond Discipline, I have utilized Peter's writings to formulate a consistent legal theory that enables me to walk the tightrope of compliance, students' rights and institutional integrity." -- David A. Armstrong, J.D., Vice President and General Counsel Notre Dame College "Too often, higher education professionals leave the legal issues to lawyers. Rights and Responsibilities not only shows the need to understand our legal obligations but explains them in a practical manner that can be utilized every day in our work." -- Catherine Cocks, M.A., Director of Community Standards University of Connecticut "Professor Lake has produced another "magnum opus." He has a natural gift for making complex and cryptic legal concepts and case rulings decipherable to non-lawyers. As a university counseling center director, I will use this volume (like I did with the first edition) as a go-to resource to aid me in contextualizing and navigating college mental health, legal and policy issues." -- John H. Dunkle, Ph.D., Executive Director, Counseling and Psychological Services Northwestern University "I have utilized Peter Lake's books as training tools for professional staff, as instructional tools for the classroom, as resource material to carry out my professional responsibilities and as guides for writing policy. The second edition of Rights and Responsibilities is another in the line of books and articles that Peter Lake provides to those of us in higher education serving as administrators, instructors, or practitioners with risk management as part of our responsibilities. This book is a must read!" -- David W. Parrott, Ed.D., Executive Associate Vice President for Student Affairs Texas A&M University




The Law of Higher Education


Book Description

Your must-have resource on the law of higher education Written by recognized experts in the field, the latest edition of The Law of Higher Education offers college administrators, legal counsel, and researchers with the most up-to-date, comprehensive coverage of the legal implications of administrative decision making. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee's clear, cogent, and contextualized legal guide proves more and more indispensable every year. Two new authors, Neal H. Hutchens and Jacob H Rooksby, have joined the Kaplin and Lee team to provide additional coverage of important developments in higher education law. From hate speech to student suicide, from intellectual property developments to issues involving FERPA, this comprehensive resource helps ensure you're ready for anything that may come your way. Includes new material since publication of the previous edition Covers Title IX developments and intellectual property Explores new protections for gay and transgender students and employees Delves into free speech rights of faculty and students in public universities Expands the discussion of faculty academic freedom, student academic freedom, and institutional academic freedom If this book isn't on your shelf, it needs to be.




The Law of Higher Education, A Comprehensive Guide to Legal Implications of Administrative Decision Making


Book Description

Your must-have resource on the law of higher education Written by recognized experts in the field, the latest edition of The Law of Higher Education, Vol. 1 offers college administrators, legal counsel, and researchers with the most up-to-date, comprehensive coverage of the legal implications of administrative decision making. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee’s clear, cogent, and contextualized legal guide proves more and more indispensable every year. Two new authors, Neal H. Hutchens and Jacob H Rooksby, have joined the Kaplin and Lee team to provide additional coverage of important developments in higher education law. From hate speech to student suicide, from intellectual property developments to issues involving FERPA, this comprehensive resource helps ensure you’re ready for anything that may come your way. Includes new material since publication of the previous edition Covers Title IX developments and intellectual property Explores new protections for gay and transgender students and employees Delves into free speech rights of faculty and students in public universities Expands the discussion of faculty academic freedom, student academic freedom, and institutional academic freedom Part of a 2 volume set If this book isn’t on your shelf, it needs to be.




The Law of Higher Education, 2 Volumes


Book Description

This fourth edition of the indispensable guide to the laws that bear on the conduct of higher education provides a revised and up-to-date reference, research source, and guide for administrators, attorneys, and researchers. The book is also widely used as a text for graduate courses on higher education law in programs preparing higher education administrators for leadership roles. This new edition includes new and expanded sections on laws related to: * religious issues * alternative dispute resolution * the college and its employees * collective bargaining at religious and private colleges * whistleblower and other employee protections * personal liability of employees * nondiscrimination and affirmative action in employment * campus technology and computer networks * disabilities * student academic freedom * freedom of speech and hate speech * student organizations' rights, responsibilities, and activities fees * athletes' rights * USA patriot act and immigration status * public institutions and zoning regulations * regulation of research * coverage of retaliatory and extraterritorial acts * federal civil rights statues




The Law of Higher Education, 5th Edition


Book Description

Based on the fifth edition of Kaplin and Lee’s indispensable guide to the law that bears on the conduct of higher education, The Law of Higher Education, Fifth Edition: Student Version provides an up-to-date textbook, reference, and guide for coursework in higher education law and programs preparing higher education administrators for leadership roles. The Student Version includes the materials from the full fifth edition that most relate to student interests and are most suitable for classroom instruction. For example: The evolution of higher education law and governance Legal planning and dispute resolution The relationship between law and policy Faculty and staff employment issues, including collective bargaining Academic freedom for faculty and students Copyright basics The contract rights of students Legal issues in online education The rights of students and faculty with disabilities Campus issues: safety, registered sex offenders, racial and sexual harassment, student suicide, campus computer networks, searches of students’ residence hall rooms Hate speech and freedom of speech, including the rights of faculty and students in public universities Student organizations’ rights, responsibilities, and activities fees Governmental support for religious institutions and religious autonomy rights of individuals in public institutions Nondiscrimination and affirmative action in employment, admissions, and financial aid Athletics and Title IX FERPA (Family Educational Rights and Privacy Act) Each chapter is introduced with an overview of key terms and ideas the students will encounter. In addition, the book includes a general introduction to the study of higher education law, a glossary of key legal terms, and appendices for non-law students on the American court system and on how to read court opinions. The authors have also prepared a volume of teaching materials keyed to the Student Version, available from the National Association of College and University Attorneys (NACUA). In addition, the authors will periodically update the Student Version by posting recent developments on a Web site hosted by NACUA.




The Law of Higher Education: Rights and responsibilities of individual students


Book Description

An updated, two-volume guide to legal issues that affect higher education including relations with the governing board, personnel, students, government, and external private entities. Over one-third of the content is new covering such issues as the implications of the USA PATRIOT Act, allocation of mandatory student activities fees, and the rights of intercollegiate athletes.




The College Student's Guide to the Law


Book Description

This book contains fifteen full-length model practice tests that simulate the real-life SAT Math Level 2 test and reflect the latest types of questions. Answers and solutions are provided for each test. Also included are chapters on the description of the real test and the most effective graphing calculator techniques to make a student's life easier on the real test. This book contains three bonus tests with the solutions provided in a separate CD-ROM.




The Trials of Academe


Book Description

Once upon a time, virtually no one in the academy thought to sue over campus disputes, and, if they dared, judges bounced the case on grounds that it was no business of the courts. Not so today. As Amy Gajda shows in this witty yet troubling book, litigation is now common on campus, and perhaps even more commonly feared. This book explores the origins and causes of the litigation trend, its implications for academic freedom, and what lawyers, judges, and academics themselves can do to limit the potential damage.




The Law of Higher Education, 2 Volume Set


Book Description

Make sure you have a copy on your bookshelf. The Law of Higher Education, Fifth Edition, is the most up-to-date and comprehensive reference, research source, and practical legal guide for college and university administrators, campus attorneys, legal counsel, and institutional researchers, addressing all the major legal issues and regulatory developments in higher education. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee’s clear, cogent, and contextualized legal guide proves more and more indispensable every year. Over 3,000 new cases related to higher education have been decided since the publication of the previous edition, and scores of changes to higher education law are made each year. Every section of the fifth edition contains new material, including those related to: Hate speech and free speech rights of faculty in public universities Sharing of research with international colleagues Intellectual property and peer-to-peer file sharing Student suicide Campus safety Police and administrators’ right to search students’ residence hall rooms Governmental support for religious institutions and religious autonomy rights of individual public institutions Collective bargaining and antidiscrimination laws Nondiscrimination and affirmative action in employment, admissions, and financial aid Family and Medical Leave Act and workers’ compensation FERPA (Family Educational Rights and Privacy Act)