The Rights and Responsibilities of the Modern University

The Rights and Responsibilities of the Modern University

Author: Robert D. Bickel

Publisher:

Published: 1999

Total Pages: 264

ISBN-13:

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The past decades have seen an alarming increase in campus crime, alcohol abuse by college students, hazing and other risky student activities. There is a growing awareness of the need to make safer college campuses. While danger to students has been on the rise, the relationships between students and their universities has grown increasingly distant. The rise in danger and the loss of community on college campuses has been inadvertently facilitated by legal rules. Courts crafted legal protections for colleges which backfired: legal rules designed to protect colleges from lawsuits instead encouraged colleges to become insular and to avoid positive steps to protect student safety. Bickel and Lake re-imagine the role of law in university/student relations. Picking up on recent court decisions and legislative initiatives, the authors describe a new legal paradigm for college safety - the facilitator university. The modern college is not a baby-sitter or custodian of students: but it is also not a mere bystander to student safety. The facilitator university balances the rights and responsibilities of students and institutions and envisions campuses which feature shared responsibility for student safety. Law can be a positive tool for improving safety and community on modern campuses. "This work is a significant contribution to the law of student safety.... It reconciles the best advice of a university lawyer with the best instincts of an experienced student affairs administrator."--Paul J. Ward, Arizona State University and Former President, National Association of College and University Attorneys; and Christine K. Wilkinson, Vice President for Student Affairs, Arizona State University "By now it is probably obvious to college counselors and psychotherapists why this book will be immensely relevant and essential to their professional work. It contains valuable legal and historical information that can provide context and guidance in their direct work with student clients and it is a bright beacon that can inform and illuminate their consultation services with colleagues. I recommend it to readers unqualifiedly."--Gerald Amada, PhD, Journal of College Student Psychotherapy; Vol. 17, No. 2, 2002


The Rights and Responsibilities of the Modern University

The Rights and Responsibilities of the Modern University

Author: Peter F. Lake

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781594608988

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This substantially revised and updated second edition includes discussion of recent judicial, legislative and regulatory college safety mandates, modern risk management and prevention practices, and the explosion in college safety and wellness issues (suicide, active shooter violence, sexual assault, etc.) while remaining faithful to the core vision of the first edition. The second edition also addresses the disturbing rise of a new nemesis of the facilitator university -- "Compliance U." Crushing new regulatory burdens significantly impact academic freedom and autonomy, and may interfere with the facilitator's chief goal of creating a sustainable, reasonably safe and responsible college environment. "Peter Lake has done it again. Over my seven years as General Counsel for a small faith-based college with few resources, I have utilized Peter Lake's writings as a guide to teach my constituents the basics of higher education law and to help me navigate the future in the ever-changing, litigious world of college life. From the first edition of Rights and Responsibilities to his 2009 work Beyond Discipline, I have utilized Peter's writings to formulate a consistent legal theory that enables me to walk the tightrope of compliance, students' rights and institutional integrity." -- David A. Armstrong, J.D., Vice President and General Counsel Notre Dame College "Too often, higher education professionals leave the legal issues to lawyers. Rights and Responsibilities not only shows the need to understand our legal obligations but explains them in a practical manner that can be utilized every day in our work." -- Catherine Cocks, M.A., Director of Community Standards University of Connecticut "Professor Lake has produced another "magnum opus." He has a natural gift for making complex and cryptic legal concepts and case rulings decipherable to non-lawyers. As a university counseling center director, I will use this volume (like I did with the first edition) as a go-to resource to aid me in contextualizing and navigating college mental health, legal and policy issues." -- John H. Dunkle, Ph.D., Executive Director, Counseling and Psychological Services Northwestern University "I have utilized Peter Lake's books as training tools for professional staff, as instructional tools for the classroom, as resource material to carry out my professional responsibilities and as guides for writing policy. The second edition of Rights and Responsibilities is another in the line of books and articles that Peter Lake provides to those of us in higher education serving as administrators, instructors, or practitioners with risk management as part of our responsibilities. This book is a must read!" -- David W. Parrott, Ed.D., Executive Associate Vice President for Student Affairs Texas A&M University


Reconciling Rights and Responsibilities of Colleges and Students

Reconciling Rights and Responsibilities of Colleges and Students

Author: Annette Gibbs

Publisher: Jossey-Bass

Published: 1992-06-14

Total Pages: 116

ISBN-13:

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This monograph suggests solutions for the conflicts, especially prominent in recent years, between students and higher education institutions concerning their respective rights and responsibilities. The discussion focuses particularly on regulating offensive speech, rights of association and assembly, drug testing for athletes, and student safety on campus. Separate sections address each of these issues in turn. The discussion of offensive speech focuses on interpretations of First Amendment rights and advises that colleges should consider policies that are neither overbroad nor too vague, but that restrictions on time, place and manner of speech appropriate for the educational environment and for maintaining law and order on campus are constitutional. The review of rights of assembly and association suggests that once the institution recognizes some groups, other groups should not be denied such treatment simply because the college or university does not agree with their views. On the status of mandatory drug testing for athletes, the monograph notes that most recent court rulings appear to support the position that institutional mandatory drug testing programs violate the principle of protection of privacy guaranteed in most state constitutions. In discussing student safety on campus it is noted that the element of foreseeability has become a criterion for determining liability. A final section suggests recommendations for policy and practice. An index and 167 references are included. (JB).


The Law of Higher Education

The Law of Higher Education

Author: William A. Kaplin

Publisher: John Wiley & Sons

Published: 2019-04-04

Total Pages: 2336

ISBN-13: 111955120X

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Your must-have resource on the law of higher education Written by recognized experts in the field, the latest edition of The Law of Higher Education offers college administrators, legal counsel, and researchers with the most up-to-date, comprehensive coverage of the legal implications of administrative decision making. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee's clear, cogent, and contextualized legal guide proves more and more indispensable every year. Two new authors, Neal H. Hutchens and Jacob H Rooksby, have joined the Kaplin and Lee team to provide additional coverage of important developments in higher education law. From hate speech to student suicide, from intellectual property developments to issues involving FERPA, this comprehensive resource helps ensure you're ready for anything that may come your way. Includes new material since publication of the previous edition Covers Title IX developments and intellectual property Explores new protections for gay and transgender students and employees Delves into free speech rights of faculty and students in public universities Expands the discussion of faculty academic freedom, student academic freedom, and institutional academic freedom If this book isn't on your shelf, it needs to be.


The Law of Higher Education, A Comprehensive Guide to Legal Implications of Administrative Decision Making

The Law of Higher Education, A Comprehensive Guide to Legal Implications of Administrative Decision Making

Author: William A. Kaplin

Publisher: John Wiley & Sons

Published: 2019-04-01

Total Pages: 1216

ISBN-13: 111927186X

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Your must-have resource on the law of higher education Written by recognized experts in the field, the latest edition of The Law of Higher Education, Vol. 1 offers college administrators, legal counsel, and researchers with the most up-to-date, comprehensive coverage of the legal implications of administrative decision making. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee’s clear, cogent, and contextualized legal guide proves more and more indispensable every year. Two new authors, Neal H. Hutchens and Jacob H Rooksby, have joined the Kaplin and Lee team to provide additional coverage of important developments in higher education law. From hate speech to student suicide, from intellectual property developments to issues involving FERPA, this comprehensive resource helps ensure you’re ready for anything that may come your way. Includes new material since publication of the previous edition Covers Title IX developments and intellectual property Explores new protections for gay and transgender students and employees Delves into free speech rights of faculty and students in public universities Expands the discussion of faculty academic freedom, student academic freedom, and institutional academic freedom Part of a 2 volume set If this book isn’t on your shelf, it needs to be.


The Law of Higher Education, 2 Volumes

The Law of Higher Education, 2 Volumes

Author: William A. Kaplin

Publisher: John Wiley & Sons

Published: 2006-12-13

Total Pages: 1789

ISBN-13: 0787988243

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This fourth edition of the indispensable guide to the laws that bear on the conduct of higher education provides a revised and up-to-date reference, research source, and guide for administrators, attorneys, and researchers. The book is also widely used as a text for graduate courses on higher education law in programs preparing higher education administrators for leadership roles. This new edition includes new and expanded sections on laws related to: * religious issues * alternative dispute resolution * the college and its employees * collective bargaining at religious and private colleges * whistleblower and other employee protections * personal liability of employees * nondiscrimination and affirmative action in employment * campus technology and computer networks * disabilities * student academic freedom * freedom of speech and hate speech * student organizations' rights, responsibilities, and activities fees * athletes' rights * USA patriot act and immigration status * public institutions and zoning regulations * regulation of research * coverage of retaliatory and extraterritorial acts * federal civil rights statues


Beyond the Ivory Tower

Beyond the Ivory Tower

Author: Derek Curtis BOK

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 329

ISBN-13: 0674028465

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Derek Bok examines the complex ethical and social issues facing modern universities today, and suggests approaches that will allow the academic institution both to serve society and to continue its primary mission of teaching and research.