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)

Colleges and universities are generally subject to new penalty excise taxes under the Internal Revenue Service (IRS) code on charitable and educational organizations. The law and proposed regulations are explained, with specific attention to how the rules apply to colleges and universities and how these institutions can best protect themselves…

Debtors seeking discharge in bankruptcy of student loans should be aware of certain arguments in their favor: that the burden of persuasion should remain on the creditor throughout; the standard of proof should be the preponderance-of-the-evidence standard; and that burden of production is, for the most part, the creditor's. Recent case law is…

Current approaches used by private colleges and universities to manage trustee conflicts of interest are analyzed, and recommendations are made for developing appropriate trustee conflict-of-interest policies. Many of these institutions have not expressly adopted adequate policies that procedurally and substantively address the problem, despite…

Controversy over Title IX of the Education Amendments of 1972 is reviewed, tracking the statue from enactment through recent judicial and legislative activity. Topics discussed include the effects of judicial interpretation of administrative regulations, public debate concerning the law's regulation and enforcement, rise in special interest groups…

Reviews 1995 court decisions concerning free speech in colleges and universities, focusing on the Free Speech Clause of the First Amendment (educator speech, campus speech regulations, speech in public forum), religion clauses (Establishment Clause, Free Exercise Clause) and statutes (Religious Freedom Restoration Act, Equal Access Act). Concludes…

Reviews court decisions of 1995 concerning issues of immunity for colleges and universities. The 11th Amendment expressly bars suits against states by citizens of other states. Eleventh Amendment immunity and qualified immunity under federal law and developments in state courts are considered. Although 11th Amendment immunity doctrines appear…

Examines court decisions in 1995 concerning college and university tort liability in accidents. Issues addressed include defects in premises, inadequate facility maintenance, school policy concerning safety, recreational activities on campuses, student field experience programs, campus activities involving children, operation of campus housing,…

Reviews lower court developments in 1995 that applied and developed earlier Supreme Court precedents concerning employment discrimination in higher education in the areas of discrimination based on race, color, or national origin under state and federal laws; gender discrimination under state and federal law, including two cases of voluntary…

Reviews 1995 court litigation concerning disability discrimination in colleges and universities. Cases involved student issues ("otherwise qualified" for admission or readmission, reasonable accommodations), mental health histories, employment issues, and medical education. Highlights troublesome issues currently faced by colleges and universities…

Because of the rise in litigation involving colleges and universities, basic information about liability insurance is provided. Administrators are warned that previously purchased liability insurance may not cover damages and losses incurred today, and that insurance companies often benefit from extended litigation. College counsel must understand…

University liability is in transition; its role changing from a parental/custodial "in loco parentis" model (and then a bystander role) to a new model of facilitator. The university enjoys a position of authority and respect, while exercising control more subtly than in the mid-1990s. At the same time, universities may be unable to claim the same…

Discusses legal aspects of "flagging" college entrance examination scores of students whose special testing accommodations indicate a disability. Provisions of statutes and regulations, judicial decisions, and administrative agency findings governing this practice are outlined, its legality is examined, and factors for admissions administrators…

Discusses the changing nature of the student-college relationship through (1) the development and application of the "in loco parentis" doctrine, (2) evolution of the doctrine to include relevant legal issues and application of certain due process rights in university disciplinary proceedings, and (3) legal issues related to abandonment of the…

Discusses use of age-related criteria in hiring/continued employment practices in higher education, focusing on an exception in the Age Discrimination in Employment Act allowing employment-related decisions based on "reasonable factors other than age." The language appears to allow limited use of express age criteria where the employer's…