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The Law and Higher Education


Course Description

The legal aspects of higher education through pertinent court decisions affecting the administration of the institution, faculty, staff, and students.


Athena Title

LAW & HIGHER ED


Semester Course Offered

Offered spring


Grading System

A - F (Traditional)


Course Objectives

To demystify the law and help the student: to understand the legal problems and implications that surround higher education; to understand the current law concerning these legal problems and implications; to be acquainted with appropriate legal resources and reference materials and significant court decisions affecting higher education; to think, speak and write confidently about legal issues in higher education.


Topical Outline

The course syllabus provides a general plan for the course; deviations may be necessary Legal basis for public higher education • the legal hierarchy • sources of higher education law • function, structure, and powers of the judiciary • the common law • state control of education • state action • constitutional limitations on state power • legal basis for private higher education • governing boards Legal research on the Internet for non-lawyers (guest speaker) • discussion of articles and abstracts • discussion of cases Board of Regents of the University System of Georgia • historical overview • organization and governance • regents policy vis-a-vis institutional policy • current issues and priorities • discussion of articles and abstracts • discussion of cases Administrative law in a nutshell • discussion of articles and abstracts • discussion of cases Students • rights, responsibilities, and obligations of students • contract theory • in loco parentis • due process • freedom of speech, expression, and assembly • student organizations • activity fees • freedom of the press - and campus publications Legal affairs at the University of Georgia (guest speakers) • affirmative action • fraternity hazing • sexual harassment policy • other • discussion of articles and abstracts • discussion of cases Students (Cont.) • academic affairs • academic dishonesty • student housing • athletics Students (Cont.) • search and seizure • equal protection • dress and appearance regulations • out-of-state tuition • admissions Mediation and alternative dispute resolution • class exercise • discussion of articles and abstracts • discussion of cases Faculty and Staff • academic freedom • loyalty oaths • contracts • tenure vs non-tenure • non-renewal and dismissal • collective bargaining Tort Liability • definition • negligence • defamation • governmental immunity • proprietary functions • liability insurance • liability of faculty, staff, and administrators Civil rights liability • definition •