ERIC Number: ED443368
Record Type: Non-Journal
Publication Date: 1999
Reference Count: N/A
Due Process and Higher Education: A Systemic Approach to Fair Decision Making. ASHE-ERIC Higher Education Report, Volume 27, Number 2.
Due process has become an important principle in higher education as a result of many new legal issues, including dismissals of students from campus, firings of staff members, faculty tenure and promotion, sexual harassment, discrimination, and substance abuse. This volume defines due process; explains when due process procedures are required; reviews expectations of the courts with respect to due process in higher education; examines how legal requirements for fair decision making differ for publicly-supported and private institutions; and analyzes the difference between the systemic approach to due process and other methods of due process in higher education. The introduction and the first section of the volume provide an overview of due process in higher education (literature, historical development, fundamental concepts, academic and disciplinary sanctions, and constitutional competence). The next section presents a systemic approach to due process in higher education; the discussion examines decision making in higher education, provides an overview of the systemic approach, and examines various approaches to substantive and procedural due process. A concluding section offers policy and practice recommendations for therapeutic application of due process. Appended are two case studies designed to teach about due process and provide a better understanding of the implementation of due process. (Contains approximately 135 references.) (CH)
Descriptors: Civil Rights, Compliance (Legal), Court Litigation, Decision Making, Discipline Policy, Due Process, Higher Education, Laws, Legal Problems, Legal Responsibility, Models, Policy Formation, Risk Management, School Policy, Student Behavior, Teacher Discipline, Teacher Rights
ERIC Clearinghouse on Higher Education, The George Washington University, One Dupont Circle, N.W., Suite 630, Washington, DC 20036-1183 ($24). Tel: 800-773-3742 (toll free); Fax: 202-452-1844.
Publication Type: Books; ERIC Publications; Guides - Non-Classroom
Education Level: N/A
Audience: Administrators; Practitioners
Sponsor: Office of Educational Research and Improvement (ED), Washington, DC.
Authoring Institution: ERIC Clearinghouse on Higher Education, Washington, DC.; George Washington Univ., Washington, DC. Graduate School of Education and Human Development.; Association for the Study of Higher Education.