Due process hearings should not threaten principals who have performed their teacher evaluation duties well and can demonstrate (1) the persistent nature of the teacher's difficulties; (2) repeated warnings; (3) frequent assistance; (4) adequate time and opportunity to improve; (5) close supervision; and (6) the teacher's involvement in a normal…

Examines Fourth Amendment legal issues involved in drug testing of public employees. Discusses several recent court cases involving probable cause and reasonable suspicion to determine appropriate standards for individual situations. Outlines implications for public employers. Blanket drug testing is not permissable, though job applicants have…

Suggests guardianships of the elderly are determined in an informal manner that may not afford the aged the full benefit of due process. Describes a manual to help educate the guardian ad litem about the elderly and about how they can make proceedings more formal and adversarial in nature. (Author/RC)

The National Collegiate Athletic Association (NCAA) infractions-appeals committee has eased some penalties imposed by the association on colleges and universities for rules infractions, and the infractions committee itself has expanded institutions' due-process rights by allowing institutions more time to answer charges. (MSE)

This project was implemented in 1982 as a result of legal action taken against the Texas Department of Human Resources (DHR) by clients of child protective services (CPS) who alleged that they were not given notice of all services available or of their right to a fair hearing. The goal of the project was to determine whether special fair-hearing…

Examines "Chicago Teachers Union v. Hudson," a United States Supreme Court decision guaranteeing non-union government workers specific protections of procedural due process that certain educational and teacher unions had failed to recognize. Decries the "Hudson" decision for separating labor law from laws governing the rest of…

Analyzes the United States Supreme Court's reversal of "Memphis County School Distruct v. Stachura," a District Court decision to compensate a temporarily suspended life sciences teacher for damages involving deprivation of his constitutional rights. Views this decision as one more obstacle blocking individuals' progress against…

A University of Virginia student has successfully challenged his expulsion, which was based on an accusation of cheating on a test. The student claimed his initial trial was unfair and that he was poorly represented. Some feel the university's honor system has been compromised. (MSE)

The increasing number of court decisions dealing with classroom and academic matters attests to the growing judicial sensitivity to students' rights in academic affairs. The advisors' job falls within this academic affairs arena, and they must understand legal issues. (MLW)

An overview of recent court cases concerning dismissal of tenured college faculty for reasons of financial exigency focuses on court definitions of exigency, criteria for "just cause" for termination, due process requirements, reemployment, compensation for wrongful termination, and legal requirements that constitute "good…

Increasingly, college faculty members accused of sexual harassment say their rights have been breached and are suing their institutions. Some observers see the trend as a backlash to new expectations about appropriate faculty behavior. Others worry that administrative definitions of harassment are too broad, and faculty due process is violated.…

Argues that the concept of justice offers many opportunities for creative teaching. Observes that historical and contemporary examples can help students understand the relationship among justice, power, and law. Suggests role playing and the study of legal symbols as means of helping students learn to comprehend legal concepts. (SG)

The retrenchment experience of Pennsylvania's state college system is described. The specter of retrenchment scared the campuses into finding new nonpersonnel cuts to make; a policy of intrasystem faculty transfer was finally adopted; and although campus presidents opposed retrenchment, by 1979-80 they were convinced of its necessity. (MLW)

Presents eight case studies of lawyers who work for legal aid societies or provide free legal services to poor people. Includes quotes by the attorneys describing specific cases and why they became involved in providing free legal counsel. (CFR)

Limited to teacher conduct of a nonverbal nature occurring outside the school setting, this monograph presents the case law resulting from the dismissal of teachers for unacceptable conduct. The first section reviews literature on teachers' personal conduct. The second deals with the issue of whether a teacher is obligated to serve as an exemplar…