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Legal Issues in Student Affairs


Course Description

Designed to orient students to ethical, legal, professional, and contemporary issues within the context of student affairs administration and practice in a higher education setting.


Athena Title

Legal Issues Student Affairs


Semester Course Offered

Offered spring


Grading System

A - F (Traditional)


Course Objectives

The purpose of this course is to explore legal issues in college student affairs administration. As a result of this course, students will: 1. Articulate the importance of legal issues in student affairs and higher education; 2. Describe the origin and development of law in student affairs practice; 3. Apply legal concepts to student affairs practice; 4. Define the unique student-institution relationship within the broader legal framework; 5. Demonstrate how legal issues affect different functional areas across student affairs; 6. Analyze current legal issues in student affairs, including pertinent civil rights issues.


Topical Outline

A. Legal Research B. The Constitution C. Bill of Rights D. Sources of Law E. Most relevant law for student affairs education II. The Student Institution Relationship - Historical Overview A. Legal Context Today: Life and death of in loco parentis B. History of the relationship between the law and higher education C. Organization and governance D. Legal basis for private higher education E. Limitations on state power F. Student affairs centered history G. History/governance H. Contract theory and torts 1. Torts 2. Negligence 3. Defamation 4. Professional liability 5. Contracts I. Local and state governments J. Accrediting agencies K. Athletics and governance L. Critical race theory, social justice, and the law M. The First Amendment N. Academic freedom, freedom of speech and expression O. State action doctrine III. Safety and Wellness A. Risk management and the law: Frameworks for assessing risk B. Campus safety C. Threats and mental health D. Facilities E. Search and seizure F. Torts/negligence G. 4th Amendment H. Section 504; ADA I. Sustainability J. Employment, employee liability, and student employment issues K. Sexual harassment in the workplace L. Contracts: An overview and associated risks M. Key contract terms, legal authority, common contract terms N. Institutional liability O. Contract liability IV. Conduct Codes A. Public/private perspectives on Title IX B. Student conduct C. Conduct codes D. Due process E. Student organizations F. Activity fees G. Freedoms of association, recognition, registration H. Supporting student organization rights V. Student Rights A. First Amendment continued B. Student press C. Religion – public/private differences D. The 1st Amendment: Civility in face-to-face and digital settings E. Brief overview of the titles: Title IV, VI, VII, VIII, IX F. Civil rights and discrimination G. Admissions H. Financial aid I. FERPA and student files J. The facilitator university


Syllabus


Public CV