A thorough review of governing board bylaws will help ensure that the fundamental framework for the institution's governance is legally sound, up to date, and appropriate for its current circumstances. Serious bylaw reviews deal with fundamental college issues, and resulting discussions frequently identify basic issues or problems previously…

The problem that presidents and trustees face with their attorneys centers on education leaders' unfamiliarity with legal matters. Presidents and trustees must rely on lawyers for legal advice but should not delegate to attorneys the authority to make administrative and management decisions. (MLW)

A board member, says the Supreme Court, must be held to a standard of conduct based on knowledge of the basic unquestioned constitutional rights of his charges. The best defense against this serious liability threat is strict attention to due process and other relevant legal considerations. (Author/LBH)

Since a competent Governing Board cannot be recruited from persons entirely free of potential conflict of interest, disclosure is imperative and a formal institutional statement is desireable. A statement is presented that was adopted by the AGB Board of Directors in October, 1978, and is commended to the attention of the membership for discussion…

In light of recent court rulings and Federal Trade Commission (FTC) hearings regarding unfair methods of competition and deceptive advertising, a content analysis was conducted of 20 randomly selected college catalogs from 2-year and 4-year, public and private institutions. Four types of misrepresentations were identified including institutional…

Few claims for negligence or misrepresentation against higher education have been sustained, but several important cases in lower education have provided a framework for future litigation. It is noted that the students ultimately lost, but educators should not be lulled. The development of a new tort such as educational malpractice takes years.…

The number of discrimination lawsuits appears to be growing, although many suits are settled out of court without any public record. A study of all federal court decisions on academic discrimination published between 1972 and 1984 is presented, and trustee involvement in court cases is discussed. (MLW)

A primary rule for implementing the collective bargaining grievance process in higher education is to settle early and at the lowest possible level. To achieve this or to prevent grievances, clear contract language, a contract administrator, and a "two-one-one" grievance structure should be adopted. (Author/JMD)

Suffolk University initiated two audits that proved beneficial: a legal audit and an insurance audit. A legal audit involves having an attorney review a college's contracts, personnel handbooks, catalogs, etc., in order to anticipate and prevent problems. An insurance audit reviews an institution's risk coverage. (MLW)

College mergers have taken many forms and created a variety of legal relationships. Suggestions for those new to the experience include these: informed personal leadership of trustees and presidents may be crucial; difficulties should be recognized from the outset; and the process should begin with studied choice and in friendship. (MSE)

The generally accepted view of tenure as that of an unbreakable relationship has actually grown out of institutional practices rather than from precise judicial doctrines. The courts have upheld a variety of "bona fide" causes based on unsatisfactory performance, as well as financial exigency. (MLW)

Black colleges, it is suggested, suffer less from problems such as litigation, bargaining, etc. than do other institutions. However, other problems, such as financial ones, are acute. Aggressive approaches are needed in fund raising from corporations, foundations and alumni, and also in student recruitment. (Author/MLW)

Adequate cause for dismissal is defined and analyzed. Whether for immoral conduct, insubordination, or incompetency, an institution must be mindful of the countervailing protection of academic freedom. Dismissal must be firmly grounded upon demonstrable acts or omissions and assume reasonable procedures, incorporating peer review. Some court cases…

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)

Papers from the National Conference on Trusteeship discuss: recent board- president imbroglios; Rutgers legal headaches; governing boards and legal policy changes; 5 percent of operating income set aside to build operating reserve; and how the South Dakota State Board involved campuses in decisions. (Author/MLW)