The admissions counselor position is a common entry-level professional position in higher education. However, little is known about the competencies needed to be successful in this position. Through interviews with entry-level admissions counselors, this study sought to better understand these competencies and their alignment with the recently…

Those who come in contact with students at the post-secondary level face a myriad of potential legal challenges in their interactions with students and others. All members of the academic community should be familiar with the more common legal issues and to plan accordingly to avoid future problems. This article explores FERPA in the classroom,…

The complex issues of promoting student mental health, privacy and public safety, and the balance among them, weigh on the minds of institutional leaders, educational policymakers, and local, state and federal officials. American campuses have a proud history of intellectual freedom, openness and public accessibility to their communities. However,…

Reviews 2000's tort law decisions concerning higher education, dividing the cases into five sections: instruction, advising and supervision of students, dangerous students and third parties, dangerous premises, employment, and medical center cases. (EV)

Reviews employment discrimination cases in higher education in 2000, which included an overwhelming number of retaliation and denial of promotion to tenure claims; case law also included age discrimination, religious discrimination, and sexual harassment issues, and a handful of wage discrimination cases. Courts also continued to explore the…

Seeks to answer whether the Bakke rulings and their rationale retain precedential clout that can uphold the constitutionality of current single-track affirmative action programs that use race as one of multiple factors in admissions. Speculates as to the constitutionality of the program in place at the University of Michigan and the current state…

Explores two aspects of financial dilemmas in postsecondary education and disability law: who pays for funding of students' auxiliary aids and for how long. Suggests that in the 1998 Rehabilitation Act Amendments, Congress implicitly acknowledged that agencies may sometimes be unable to offer students a full range of vocational services,…

Presents an innovative approach to resolution of faculty employment disputes at institutions of higher education. Discusses the framework in which faculty employment issues arise, the current state of alternative dispute resolution (ADR) as it is relevant to employment disputes, and the substantial benefits which could be achieved by developing a…

Reviews major legal decisions on the constitutionality of race-conscious admissions in higher education and addresses non-race-conscious methods of increasing minority enrollment. Concludes with a discussion of how policy makers who choose to implement race-conscious admissions can maximize the likelihood of the admissions system passing…

Examines the growing practice of colleges and universities incorporating non-academic misconduct within the scope of student conduct codes. Discusses relevant cases, standards applied by courts when students challenged sanctions, and "in loco parentis" justification for sanctions. Concludes that such policies must be clearly tied to the safety of…

Reviews court cases related to discrimination against higher education students in 1999, focusing on gender, race, and disability discrimination. The wide variety of cases does illustrate the importance of standing, relief available, and the threshold the plaintiff must meet to survive the defendant's motion to dismiss or motion for summary…

Sketches the political context from which "Ex Corde Ecclesiae," the Papal constitution on higher education, emerged. Its most controversial provisions and the reaction in American Catholic academia are examined, norms currently under discussion are outlined, and a resolution of the issues dividing academics and the Catholic hierarchy is proposed.…

Explores issues raised by "Ex Corde Ecclesiae," the Papal constitution on higher education, from the perspective of Brigham Young University, owned by the Church of Jesus Christ of Latter Day Saints (Mormon Church). Pertinent exemptions to laws concerning employment discrimination, contracts, academic freedom, and accreditation are discussed. (MSE)

Examines a recent trend in which Catholic colleges and universities distance themselves from their founding religious communities by incorporating under boards of trustees on which laypersons play a substantial role. Argues that contemporary analysis of this movement is inaccurate, and that "Ex Corde Ecclesiae," the Papal constitution on higher…

Reviews the steps Catholic colleges and universities will have to implement, and the related legal difficulties, if Catholic bishops adopt the draft norms of "Ex Corde Ecclesiae," the Papal constitution on higher education. The unwillingness of Catholic institutions, as corporate entities, to do so is seen as a potential barrier to implementation.…