ERIC Number: ED370478
Record Type: RIE
Publication Date: 1994
Selected Legal Issues Relating to Due Process and Liability in Higher Education.
Cole, Elsa Kircher
This booklet discusses due process for institutions of higher education and how principles of due process should shape the design of institutional procedures for resolution of conflicts affecting students, faculty, academic programs, and research. The booklet defines and explains various area of conflict, the role of due process, and key legal decisions that have established accepted practice or have recently changed traditional practice. Section I is an introduction. Section II defines and explains due process as an important legal concept which should be incorporated into institutional procedures for situations that may not ever be brought to court. Section III discusses the evaluation of student academic performance. Section IV covers student misconduct related and unrelated to academic performance. Section V covers difficult or troubled students. Section VI looks at admissions fraud. Section VII handles firing or discipline of faculty or other employees. Section VIII covers three special issues: scientific misconduct, sexual harassment, hate speech, and student record privacy. Section IX discusses liability for institutions and administration or staff. Section X is a conclusion and Section XI offers a checklist for minimizing academic legal problems. Contains 54 references. (JB)
Descriptors: Academic Achievement, Behavior Problems, College Admission, College Students, Colleges, Compliance (Legal), Court Litigation, Due Process, Higher Education, Legal Problems, Legal Responsibility, Personnel Policy, Policy Formation, Privacy, School Policy, Sexual Harassment, Student Evaluation, Universities
Council of Graduate Schools, One Dupont Circle, N.W., Suite 430, Washington, DC 20036 ($7.50 members; $10 nonmembers).
Publication Type: Guides - Non-Classroom
Education Level: N/A
Audience: Administrators; Policymakers; Practitioners
Sponsor: Teachers Insurance and Annuity Association, New York, NY. College Retirement Equities Fund.
Authoring Institution: Council of Graduate Schools, Washington, DC.