Section 1983 of the U.S. Constitution provides individuals (including students) with the right to sue persons (including principals) acting "under color of law" for damages incurred in violation of their federal rights. This article examines two corporal punishment cases involving elementary school students involving possible due process…

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…

The academic advisor's position in the relationship of student to college is critical, and the related legal issues fall into four areas: the contractual relationship, guidelines governing privacy of student records, privileged communications, and academic due process and the need for grievance procedures. (MSE)

Questions and answers address: defining financial exigency, how tenure affects termination, selecting faculty for severance, faculty's due process rights, tenured faculty challenges to termination, the institution's responsibility, and the governing board's responsibility in policy formation and implementation. (MSE)

Wise and ethical administrators can obtain the truth about student behavior incidents using the proper techniques. Following the law, honoring due process, maintaining a high degree of fairness, and using proper investigatory techniques (extensive questioning, involving the nurse in health related matters, maintaining security, protecting student…

Administrators cannot avoid disciplining and dismissing teachers who lack the skill to teach or the judgment to conduct themselves professionally. Central office administrators at a Salt Lake City school district developed "corrective discipline" procedures to help principals incorporate just cause, due process, and progressive…

The legal status of college students in relationship to the institution they attend is discussed, focusing on the contractual relationship, due process, access to education, First Amendment rights, search and seizure, federal aid regulation, residency requirements for voting, and the doctrine of academic abstention in legal matters. (MSE)

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)

This monograph compiles and analyzes court cases and due process hearings related to the identification and provision of services for gifted and talented youth, with special focus on the state of Indiana. Federal legislation related to the gifted commenced with the National Defense Education Act, followed by the 1969 amendments to the Elementary…

School counselors working with hearing-impaired students are introduced to the preventive legal audit strategy to avoid common civil and criminal liability situations. Sample legal audit questions concern negligence/malpractice, confidentiality/privileged communication, child abuse, testing, Public Law 94-142, and other civil and criminal…

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)

Evaluates the juvenile justice system focusing on the barriers children encounter when seeking appropriate counsel and the quality of representation. Includes an assessment of the appointment of counsel, pretrial preparation and trial performance, post-trial maneuvers, and appeals. Finds that the most common obstacle is the overwhelming caseloads…

As the university becomes more of a bureaucracy than a community, changes occur in the law, power structures, and student faculty relationships, and members of the community are turning to the courts to resolve disputes they once settled informally. (Author/MSE)

The sequence of events and implications of the disciplinary dismissal of three faculty members of Philander Smith College are discussed with relation to the AAUP's 1940 Statement of Principles. It is concluded that faculty rights were violated by the administration and governing board. (MSE)

The denial of tenure to and dismissal of an assistant professor at Nichols College are considered. It is concluded that he was denied due process according to the AAUP's 1940 Statement of Principles. No issue of academic freedom was raised by the decision; however, the administration's action is criticized. (MSE)