ERIC Number: ED601487
Record Type: Non-Journal
Publication Date: 2019
Pages: 212
Abstractor: As Provided
ISBN: 978-1-0855-7142-5
ISSN: EISSN-
EISSN: N/A
Available Date: N/A
A Litigation Analysis of the Extraterritoriality of U.S. Federal Laws in International Education
Easler, Sara M.
ProQuest LLC, Ph.D. Dissertation, University of South Carolina
U.S. higher education institutions and international educators have sought to improve the level of engagement and participation in education abroad among undergraduate college students as well as to diversify the types of available experiences and the students that benefit from them. Yet, this programmatic investment in international education and study abroad has occurred without fully understanding the discrimination and litigation risks of such endeavors. This study examines the relevant federal statutes and their interpretation as defined by trial outcomes and Office of Civil Rights (OCR) opinions in an effort to inform the field of international education and its practitioners of their roles, responsibilities, and obligations. It also explores the extraterritorial extension of federal laws for discrimination occurring outside of the United States. Although the presumption against extraterritoriality emerged in many of the cases, it is not a blanket legal protection for institutions engaged in international education. Institutions can and should mitigate the legal vulnerability of their international education faculty and administrative staff through robust training and coordination with campus offices such as their general counsel and disability services. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://www.proquest.com/en-US/products/dissertations/individuals.shtml.]
Descriptors: Federal Legislation, Court Litigation, International Education, Study Abroad, Higher Education, Undergraduate Students, Civil Rights Legislation, Legal Problems, Legal Responsibility
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Publication Type: Dissertations/Theses - Doctoral Dissertations
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
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Authoring Institution: N/A
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