University officials and faculty are frequently required to make decisions based on interpretations of disputed facts. By applying the concept of due process within the context of higher education, they can meet legal challenges of contract and constitutional law and the pedagogical demand for justice. To guide their efforts, decision makers can…

Explores some legal issues and principles relevant to university administrators' decision-making processes, focusing on three areas: discretion (i.e., level at which a decision is made); procedural fairness (when it is required, what it applies to, rules, and biases); and review of decisions. Emphasis is on the Australian context. (MSE)

A previous analysis (Prairie and Chamberlain, 1994) of college and university due process rights when accreditation is threatened, which argues that accrediting agencies are quasigovernmental bodies and should be subject to constitutional due process constraints, is criticized. Recent trends in litigation concerning due process, recent…

An Idaho court case in which a tenured faculty member with seniority was dismissed for financial exigency became two trials, one concerning the university's burden of proof for financial exigency and the other concerning deprivation of the faculty member's due process. The decisions are examined. (MSE)

A legal approach to due process in cases of college student cheating is outlined. Issues discussed include severity of the misconduct, need for informal vs. formal procedures, the due process paradigm as reflected in relevant court litigation, and steps in application of the paradigm (preliminary steps, notice and hearing procedures).(MSE)

Current literature and federal agency pronouncements concerning falsification of discovery, theft of discoveries, and violations of accepted research procedures are examined, and internal institutional procedures for addressing these issues are suggested. Particular attention is given to due process afforded to faculty accused of such misconduct.…

Reviews 1995 case law concerning constitutional due process in college student disciplinary cases. Finds that administrators should follow substantive and procedural rules carefully; disciplinary determinations should not substitute for academic judgments; academic dishonesty should be treated as a disciplinary offense; internships and clinical…

Constitutional implications of the University of Massachusetts' establishment and termination of a legal services office, and a student challenge to its closure, are examined, focusing on the court's decision to disregard forum analysis and instead apply subsidy analysis, which almost predetermined the final holding. (MSE)

Court decisions in two cases concerning the University of Nevada at Las Vegas's suspension of an athletic coach because of institutional violations of National Collegiate Athletic Association regulations are discussed, focusing on the courts' applications of state action doctrine (subjection to scrutiny under constitutional law) and coercion…

The impact of a college administrator's decision that imposes conditions on enrollment of an emotionally or mentally impaired student is examined in the context of constitutional and federal law, including Section 504 of the Rehabilitation Act of 1973. The school's responsibility in such cases is discussed including providing the student with…

The legal developments regarding dismissal of tenured faculty members because of financial exigency are considered. Attention is directed to, the ability of the public or private institution to dismiss and the constitution of a state of financial exigency and a bona fide dismissal. A standard for claiming financial exigency that was suggested by…

Describes the case of a Harvard University (Massachusetts) faculty member denied tenure, focusing on the process by which tenure and promotion are decided behind closed doors, the nature and criteria for faculty evaluation for tenure, non-disclosure of tenure-committee membership, and principles of due process in this case. (MSE)

Legal aspects of the administration of student services are examined from various viewpoints in the 10 chapters of this monograph. In light of the increasing number of legal cases affecting student development work in higher education, it is suggested that approaches different from those of the traditional student personnel relationship are…

An overview of legal issues that relate to education, the abundance of new laws, newly applied laws, and judicial decisions in the field of education are discussed in this practical guide for educators. A historical orientation to some of the basic legal concepts in education is provided for: full disclosure, fair practices and nondiscrimination,…

A review of 1989 court decisions regarding higher education examines important trends in cases concerning the first amendment; tort liability; institutional contracts; immunities; access to records; meetings and witnesses; intellectual property; funding; employment; adverse academic, disciplinary, licensing, and related decisions; and…