ERIC Number: ED378859
Record Type: RIE
Publication Date: 1991-Nov
The Impact of Higher Education Law on Physical Plant Administrators.
Casey, John M.
This paper reviews the basic legal relationships and duties that affect higher education facility management with special emphasis on the relationships with students, faculty, and staff in both public and private colleges and universities. An introduction briefly reviews the development of higher education law beginning with a landmark case in 1819. This section also covers sources of higher education law and general differences for public versus private institutions. The paper notes that the basis of the law in public institutions is predominately constitutional, whereas the basis in private institutions is predominantly contractual. Section 2 looks at management and administration and covers liability, both institutional and personal, in tort, contract, and federal civil rights aspects. Section 3 addresses faculty issues including contracts, personnel decisions, and academic freedom. Section 4 concerns student related issues and covers legal status, student discipline, housing, and security. Section 5 examines institutional relations with the regulatory authority of local government entities as well as state and federal governments. Section 6 concludes by discussing some difficulties in interpreting court decisions and administrative rules and regulations and their implications for physical plant administrators. (Contains 14 references.) (JB)
Descriptors: Administrators, Civil Rights Legislation, College Administration, College Faculty, College Students, Compliance (Legal), Contracts, Court Litigation, Educational Facilities, Educational Legislation, Facilities Management, Federal Legislation, Government School Relationship, Higher Education, Legal Problems, Legal Responsibility, Legislation, Local Legislation, School Community Relationship, School Law, State Legislation
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Meeting of the Southeast Region Association for Physical Plant Administrators (40th, Hilton Head, SC, November 1991).