Summarizes some of 2001's more interesting and important court cases regarding discrimination against students in higher education, commenting on their effects on case law. (EV)

Reviews court cases in 2000, including "Schaer v. Brandeis University," which reveal that courts continue to defer to college and university decisions pertaining to students, whether in the academic or disciplinary context. (EV)

An institution should have a written procedural policy, including a statement of the standard of proof to be employed. The establishment of "clear and convincing" as the evidentiary standard best suited for the institutional setting is argued. (Author/MLW)

Recent court litigation involving the contractual relationship between college students and colleges is reviewed and the issues raised are examined to evaluate how real the threat of contract liability is. Court approaches are heavily result-oriented in academic decision cases, but courts are increasingly reluctant to overturn institutional…

Summarizes some of 2001's more interesting and important court cases regarding disciplinary and academic decisions by higher education institutions, commenting on their effects on case law. (EV)

The relationship statements that many colleges have developed to define relationships with Greek-letter student organizations often impose demanding regulatory schemes on those organizations. From analysis of the statements and student legal rights, it is concluded that institutions have no right to single out the organizations for burdensome…

While legal action to collect defaulted student loans is required, an equally important aspect of the student loan dilemma is to identify ways institutions can reduce the rate of future defaults. "Due diligence" procedures are discussed, as well as other administrative measures helpful to institutions. (MLW)

Section 504 of the Rehabilitation Act of 1973 promises that colleges will provide auxiliary aids to hearing-impaired students including "signing" interpreters, and colleges and students can expect state vocational rehabilitation programs to pay for those aids. The uncertainty over who is to pay for interpreter services is discussed. (MLW)

University liability is in transition; its role changing from a parental/custodial "in loco parentis" model (and then a bystander role) to a new model of facilitator. The university enjoys a position of authority and respect, while exercising control more subtly than in the mid-1990s. At the same time, universities may be unable to claim the same…

Differing court opinions in Eiseman vs. the State of New York, concerning the rape and murder of a student by an ex-convict admitted through a special rehabilitation program, indicates institutions must recognize that dangers from a special program may cause a court to impose special restrictions on applicant screening. (MSE)

The rights of students to complete programs into which they have matriculated and the obligations of colleges and universities to maintain these programs for sufficient periods of time to fulfill any existing contracts with students are discussed. Contract principles are applied in protecting a student's right to complete degree programs. (MLW)

A court ruling in the Girardier v Webster College case, that a college or university may validly refuse to issue transcripts to former students who have not repaid their educational loans and who have discharged those obligations through bankruptcy, is discussed along with some related cases. (Author/MLW)

In discussing the present state of the law concerning judicial review of student expulsion and discipline cases at private colleges and universities and the quest for a satisfactory legal rationale for achieving fundamental fairness in those cases, the author argues that there are nonconstitutional doctrines of public policy and contract law not…

The failure of the courts to articulate a coherent legal theory respecting legal rights of students has led to considerable confusion. An examination of court decisions on student rights suggests that a coherent theory is possible. The contract theory of student rights is discussed. (Author/MLW)

Litigation concerning the responsibility of a college or university to provide a safe environment for students is reviewed, focusing on interpretations of the "in loco parentis" doctrine. It is argued that institutions have a duty to not only provide campus security but also enforce a code of civility on campus. (MSE)