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)

The future of the "liberating institution" is addressed. The university should obligate itself to develop new disciplines of knowledge that reflect the need to relate knowledge to virtue and to relate the new consciousness of equality to knowledge. (LBH)

Every trustee should be familiar with the sense of the Sibley Hospital litigation regarding fiscal management. The court decision of 1974 held that, like corporate directors, trustees must exercise "ordinary and reasonable care in the performance of their duties, exhibiting honesty and good faith." Issues of liability are addressed.…

The responsibility of college governing boards to make appropriate investments is discussed in terms of current protests over doing business with South Africa. It is suggested that the "prudent investor" rule is paramount, that divestment has little real effect on policies of companies, and that human rights criteria should be considered…

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.…

Student-customers' demands and taxpayer-patrons' directives press for postsecondary education for all. Traditional, "new," and adult students all want a curriculum relevant to their own needs, in a setting of physical flexibility that guarantees access, and it is up to trustees to respond. (Editor/LBH)

Four new doctrines have gained currency: that higher education is a privilege not a right; contract (between student and college); the fiduciary doctrine, placing the burden on the institution of demonstrating that its actions are sound; and the doctrine of constitutional rights, now extending to student-teacher dealings. (Author/LBH)

Issues in university divestment of stock in American corporations doing business in South Africa, in protest of apartheid, are discussed in light of the American experience with discrimination. Divestment options are examined. (MSE)

The trustee is seen as being legally responsible for an institution's meeting its educational objectives, and the best way to meet that responsibility is to ask the right questions. Some areas for questioning: budget, money management, policy, legal responsibilities, trend lines, and physical plant. (MLW)

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)

Concerns about ethics in college administration and governance stem from a variety of sources, including competition, decreasing resources, growing scale and impact of higher education, and consumer sophistication. Trustees must be conscious of ethical dilemmas and conflicts of interest and take responsibility for their conduct and decisions. (MSE)

Both sides of the divestment controversy are presented by two trustees from Carleton College and actions that Carleton finally took are explained. Morgan calls for divestment, while Trow sees colleges as committed to the pursuit of truth, not the possessor. (MLW)

Steps being taken by institutions to develop policy on sexual harassment on campus are discussed, including the issues of legal liability toward students, definitions of harassment, policy statements, grievance procedures, sanctions imposed, recordkeeping and reporting, students harassing other students or faculty, and sensitizing seminars for…

New trustees who begin their board service with incomplete explanations or unrealistic expectations might find their tenure unsatisfying. After hearing the unvarnished truth-in-expectation, the new trustee will walk into the board relationship with eyes wide open. (MLW)

THE FOLLOWING IS THE FULL TEXT OF THIS DOCUMENT: Set your mission. Agree on it. Keep talking about it. Set annual goals. Not too many. Monitor your progress. Expect results. Unite with your staff chief. Work out your differences. In private. Send out agendas and background material before board meetings. Review meetings in advance with your staff…