ERIC Number: ED427628
Record Type: RIE
Publication Date: 1998
The Academic Administrator and the Law: What Every Dean and Department Chair Needs To Know. ASHE-ERIC Higher Education Report, Vol. 26, No. 5.
Toma, J. Douglas; Palm, Richard L.
This report examines the role of the college dean or department head in relation to legal issues in higher education. The first section offers principles of the law, the courts, and counsel. It addresses types of legal issues, internal and external sources of the law, deference to academic and behavioral decisions, the distinction between public and private institutions, the attorney-client relationship, pretrial and trial procedures, and individual or institutional liability. Section 2 covers the employment relationship with faculty and staff. It discusses foundations of the relationship between employer and employee, hiring and promotion decisions (equal protection and due process), conduct and misconduct on the job, and dismissal and retirement of faculty and staff. Student issues in the academic setting is the focus of section 3, which examines contract, consumerism, and citizenship; misconduct and discipline; admissions and access; students' records; expression, organizations, and publications; and institutional liability. The final section is about regulation and oversight in the school and department. Specifically addressed are copyrights, trademarks, and patent law; openness and disclosure; family and medical leave; research and teaching; taxation and fundraising; and accreditation. (Contains approximately 375 references.) (DB)
Descriptors: Administrator Role, College Administration, College Admission, Compliance (Legal), Deans, Decision Making, Department Heads, Disabilities, Educational Administration, Faculty College Relationship, Higher Education, Legal Responsibility, Student College Relationship
ASHE-ERIC Higher Education Reports, The George Washington University, One Dupont Circle, N.W., Suite 630, Washington, DC 20036-1183; Tel: 800-773-3742, ext. 13 (Toll Free); Web site: www.eriche.org ($24).
Publication Type: Books; ERIC Publications
Education Level: N/A
Audience: Administrators; Practitioners
Sponsor: Office of Educational Research and Improvement (ED), Washington, DC.
Authoring Institution: George Washington Univ., Washington, DC. Graduate School of Education and Human Development.; Association for the Study of Higher Education.; ERIC Clearinghouse on Higher Education, Washington, DC.
Note: For a digest of this report, see HE 031 882.