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
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Table of Contents
Notice to Instructors v
Notice of Website and Periodic Updates for the Sixth Edition vi
Preface xxix
Acknowledgments xxxix
The Authors xli
Part One Perspectives and Foundations 1
1. Overview of Higher Education Law 3
Section 1.1. How Far the Law Reaches and How Loudly It Speaks 3
Section 1.2. Evolution of Higher Education Law 10
Section 1.3. The Governance of Higher Education 26
Section 1.4. Sources of Higher Education Law 34
Section 1.5. The Public-Private Dichotomy 48
Section 1.6. Religion and the Public-Private Dichotomy 69
Section 1.7. The Relationship Between Law and Policy 95
Selected Annotated Bibliography 101
2. Legal Planning and Dispute Resolution 113
Section 2.1. Legal Liability 113
Section 2.2. Litigation in the Courts 116
Section 2.3. Alternative Dispute Resolution 163
Section 2.4. Legal Services 171
Section 2.5. Institutional Management of Liability Risk 182
Selected Annotated Bibliography 194
Part Two The College and Its Governing Board, Personnel, and Agents 201
3. The College and Its Trustees and Officers 203
Section 3.1. The Question of Authority 203
Section 3.2. Sources and Scope of Authority and Liability 208
Section 3.3. Institutional Tort Liability 228
Section 3.4. Institutional Contract Liability 278
Section 3.5. Institutional Liability for Violating Federal Constitutional Rights ( 1983 Liability) 285
Section 3.6. Captive and Affiliated Organizations 297
Selected Annotated Bibliography 307
4. The College and Its Employees 313
Section 4.1. Overview of Employment Relationships 313
Section 4.2. Pre-hire Considerations 316
Section 4.3. Employment Contracts 322
Section 4.4. Civil Service Rules 340
Section 4.5. Collective Bargaining 342
Section 4.6. Other Employee Protections 377
Section 4.7. Personal Liability of Employees 421
Section 4.8. Performance Management Issues 450
Selected Annotated Bibliography 459
5. Nondiscrimination and Affirmative Action in Employment 464
Section 5.1. The Interplay of Statutes, Regulations, and Constitutional Protections 464
Section 5.2. Sources of Law 470
Section 5.3. The Protected Classes 510
Section 5.4. Affirmative Action 555
Selected Annotated Bibliography 577
Part Three The College and Its Faculty 583
6. Faculty Employment Issues 585
Section 6.1. Overview 585
Section 6.2. Faculty Contracts 585
Section 6.3. Faculty Collective Bargaining 613
Section 6.4. Application of Nondiscrimination Laws to Faculty Employment Decisions 625
Section 6.5. Affirmative Action in Faculty Employment Decisions 656
Section 6.6. Standards and Criteria for Faculty Personnel Decisions 663
Section 6.7. Procedures for Faculty Employment Decisions 681
Section 6.8. Closure, Merger, and Reduction in Force 722
Selected Annotated Bibliography 741
7. Faculty Academic Freedom and Freedom of Expression 747
Section 7.1. General Concepts and Principles 747
Section 7.2. Academic Freedom in Teaching 790
Section 7.3. Academic Freedom in Research and Publication 826
Section 7.4. Academic Freedom in Institutional Affairs 838
Section 7.5. Academic Freedom in Private Life 861
Section 7.6. Administrators’ Authority Regarding Faculty Academic Freedom and Freedom of Expression 870
Section 7.7. Protection of Confidential Academic Information: The “Academic Freedom Privilege” 878
Section 7.8. Academic Freedom in Religious Colleges and Universities 896
Selected Annotated Bibliography 899
Part Four The College and Its Students 909
8. The Student-Institution Relationship 911
Section 8.1. The Legal Status of Students 911
Section 8.2. Admissions 946
Section 8.3. Financial Aid 1013
Section 8.4. Student Housing 1068
Section 8.5. Campus Computer Networks 1089
Section 8.6. Campus Security 1105
Section 8.7. Other Support Services 1121
Section 8.8. Student Records 1136
Selected Annotated Bibliography 1156
9. Student Academic Issues 1165
Section 9.1. Overview 1165
Section 9.2. Grading and Academic Standards 1166
Section 9.3. Online Programs 1178
Section 9.4. Academic Accommodations for Students with Disabilities 1186
Section 9.5. Sexual Harassment of Students by Faculty Members 1210
Section 9.6. Academic Dismissals and Other Academic Sanctions 1233
Section 9.7. Degree Revocation 1260
Selected Annotated Bibliography 1265
10. Student Disciplinary Issues 1269
Section 10.1. Disciplinary and Grievance Systems 1269
Section 10.2. Disciplinary Rules and Regulations 1287
Section 10.3. Procedures for Suspension, Dismissal, and Other Sanctions 1298
Section 10.4. Student Protests and Freedom of Speech 1318
Section 10.5. Speech Codes and the Problem of Hate Speech 1349
Selected Annotated Bibliography 1364
11. Rights and Responsibilities of Student Organizations and Their Members 1372
Section 11.1. Student Organizations 1372
Section 11.2. Fraternities and Sororities 1413
Section 11.3. The Student Press 1437
Section 11.4. Athletic Teams and Clubs 1460
Selected Annotated Bibliography 1509
Part Five The College and Local, State, and Federal Governments 1517
12. Local Governments and the Local Community 1519
Section 12.1. General Principles 1519
Section 12.2. Zoning and Land Use Regulation 1524
Section 12.3. Local Government Taxation 1543
Section 12.4. Student Voting in the Community 1561
Section 12.5. Relations with Local Police 1569
Section 12.6. Community Access to the College’s Campus 1574
Section 12.7. Community Activities of Faculty Members and Students 1604
Selected Annotated Bibliography 1610
13. The College and State Government 1614
Section 13.1. Overview 1614
Section 13.2. State Provision of Public Postsecondary Education 1619
Section 13.3. State Chartering and Licensure of Private Postsecondary Institutions 1627
Section 13.4. State Regulation of Out-of-State Institutions and Programs 1640
Section 13.5. Other State Regulatory Laws Affecting Postsecondary Education Programs 1647
Selected Annotated Bibliography 1679
14. The College and the Federal Government 1684
Section 14.2. Federal Regulation of Postsecondary Education 1702
Section 14.3. Federal Taxation of Postsecondary Education 1826
Section 14.4. Federal Aid-to-Education Programs 1848
Section 14.5. Civil Rights Compliance 1873
Section 14.6. Dealing with the Federal Government 1939
Selected Annotated Bibliography 1947
Part Six The College and External Private Entities 1963
15. The College and the Education Associations 1965
Section 15.1. Overview of the Education Associations 1965
Section 15.2. Applicable Legal Principles 1969
Section 15.3. The College and the Accrediting Agencies 1971
Section 15.4. Athletic Associations and Conferences 2006
Section 15.5. The American Association of University Professors 2028
Section 15.6. Dealing with the Education Associations 2031
Selected Annotated Bibliography 2032
16. The College and the Business and Industrial Community 2039
Section 16.1. The Contract Context for College Business Transactions 2039
Section 16.2. The College as Purchaser 2048
Section 16.3. The College as Seller and Competitor 2069
Section 16.4. The College as Research Collaborator and Partner 2095
Selected Annotated Bibliography 2120
Statute Index 2127
Case Index 2147
Subject Index 2195
