Course Title: Legal Issues In Higher Education


        Instructor Professor Robert Hendrickson
       Institution Penn. State University
Office Number n/a
E-mail address rmh6@psu.edu



Course homepage internet address:
http://www.ed.psu.edu/dept/eps/hied560/

COURSE SYLLABUS



Goals & Objectives
Procedures
Requirements
Grading
Sources of Legal & Law Research
Legal Research Aids
Texts
Resource Material
Unit I
Unit II
Unit III
Unit IV
Unit V
Unit VI
Unit VII
Unit VIII
Unit IX
Unit X
Unit XI


I. Goals and Objectives

This course is designed to teach a process of legal analysis. Benchmark cases have been chosen to illuminate basic issues. Updates on particular issues will be provided. The course has been designed to expose the student to a range of administrative problems at the postsecondary level which entail legal implications. The course experiences should ultimately help current and prospective administrators to envision the legal dimensions of collegiate-level decision processes. No attempt will be made to provide definitive legal outlines at any stage; that is a task for the institutional attorney, the state attorney general, and the courts. Explicit recognition is made of the importance of developing law to higher education and to administrative training, but the overall effort will be illustrative rather than comprehensive.

II. Procedures

The course will be conducted in a mixed seminar and lecture format. The instructor will assume responsibility for laying out the structure of problem areas and discussing some of the major legal issues involved. Student assignments will be made for particular session and will require law-related research for the benefit of the seminar. This detailed research will be pivotal to the particular class session.

Discussion is highly appropriate at all times, and the instructor encourages students to initiate questions or arguments whenever it seems appropriate. Semi-structured discussions will be organized from time to time, depending upon the nature of the issue scheduled for exploration.

III. Requirements

A. A final examination will be given. The format will be open book and open notes. Students will be asked to write an essay selecting a question from several submitted. The exam question will be similar to the type one would face in a comprehensive examination at the end of course work for a doctoral program.

B. Class Participation. Students will be expected to have read the background materials and other assigned readings before coming to class. We will not spend time reviewing what we have read but will analyze issues based on our knowledge from the readings. It will be obvious whether students have come to class prepared to participate in these discussions and will be graded accordingly.

C. Class Sessions. Each student will be assigned a topic and is responsible for leading a 45 minute discussion of the issues surrounding this topic. The class session prior to the student's scheduled discussion, the student will hand out to the class citations of recent pivotal case(s) which, in the student's mind, best highlight the issues surrounding the topic. Students should read some of those cases prior to class. Based on that background reading, the student will frame the issues and areas to be discussed. This discussion would take the form of clarifying legal doctrine and should ultimately get to the impact on education policy. A one-page handout of other cases and an outline of the issues will be prepared for distribution to the class the day of the assigned discussion.

IV. Grading

Class Participation & Preparation -- 30%
Presentation, Discussion Leadership -- 30%
Final Examination -- 40%

V. Sources of Law and Legal Research

Rights, responsibilities, duties, and liabilities in colleges and universities are affected by virtually all kinds of "law." Included at various points in our discussions will be examples of constitutional and statutory law at both federal and state levels, common law, administrative law, and private law.

Law, or the set of rules by which civilized people agree to abide, is a product of interaction among the three branches of government: The legislature makes law (writes legislation), the executive applies or administers law, and the courts interpret the law. The functions of the three separate branches are defined by the Constitution, which limits powers in addition to granting them.

There are 51 separate legal jurisdictions in the federal system: Each state has its own constitution, its own statutes, its own governmental system. The federal government is but one source of law affecting higher education. The law of each state is distinct from the law of any other state, and cases decided in the courts of one state theoretically do not bind the courts of any other state. Similarly, the constitutions and statutes of the 50 states differ from one another. So, Texas has a state constitutional provision granting equal rights to women; cases involving sex discrimination in that state may be decided in favor of women, while in another state without such a provision (and lacking a federal constitutional amendment) the decision would go the other way.

For any given factual situation in higher education, numerous laws and legal theories may come into play. It is important, then, to have a working knowledge of how to pursue the subject, or matter at issue, through the various legal reporting systems. The following is a brief and very simple outline of the sources of different laws.

A. Federal Law

Constitution. The United States Code and the United States Code Annotated both provide the text of the Constitution. ("Annotated," in legal bibliographic terms, indicates that the actual text of laws is supplemented with references to cases and articles in legal journals which interpret, construe, or otherwise illuminate the provision.) Copies of the Constitution are reproduced in many legal texts, including the prominent ones dealing with education (e.g., Morris), as well as in any number of books, pamphlets, etc. Your work in this course would be easier if you obtained a copy somewhere.

Statutes. The essential sources of federal statutes are the United States Code and the United States Code Annotated. The Code is divided into titles, each dealing with broad general topics. (Title 20 deals with education; Title 42 with civil rights.) It is indexed by title (appearing in each volume), by descriptive words (in the General Index to U.S.C.A.), and by the popular name of the act. For example, by referring to the last volume of the General Index, one could identify the location of the "Education Amendments of 1972," or the "Civil Rights Act of 1964." U.S.C.A. is kept current by the addition of "pocket supplements" to each volume. This method is also used to update state statutes, saving the need to republish annually the massive main volumes.

Citations to the United States Code Annotated give the title, the abbreviation (U.S.C. or U.S.C.A.) for the code, and the section: 42 U.S.C. 1983 should guide you to Title 42 of the United States Code, section 1983.

Administrative Guidelines and Regulations. Statutes frequently delegate broad powers of implementation to the executive branch. The appropriate agency (H.E.W., for example) formulates its program for attaining the goals outlined in the statute and publishes them for public comment as proposed regulations in the Federal Register. After a specified lapse, the proposed regulations are revised and added to the Code of Federal Regulations (C.F.R.). Once a regulation has been so published, it is considered to have the force of law. The C.F.R. is published annually to reflect existent regulations on January 1. Use the Federal Register to follow changes issued during the year. Titles in the C.F.R. normally follow titles in the U.S.C. and the citation system is similar: Title, C.F.R., section.

Court Decisions. The federal judiciary is divided into three tiers: District courts are trial courts, where questions of fact and law are established for the record. They can, of course, deal only with questions involving federal law. A faculty member alleging violation of federal constitutional rights would begin his case here. District court decisions are published in the Federal Supplement (F. Supp.). Appeals from district court decisions (normally involving questions of law) are made to the appropriate U.S. Circuit Court of Appeals. The nation is divided geographically into eleven circuits (Pennsylvania is in the Third Circuit). Appellate court decisions are published in the Federal Register, 2d Series (F.2d). Few cases (relatively speaking) are appealed beyond this level to the U.S. Supreme Court, and fewer still are accepted for review at that level. However, the major precedents are shaped at that level, and many of the most important principles which guide lower federal courts are issued in Supreme Court decisions. The official record of the Supreme Court is United States Reports (U.S.). The Supreme Court Reporter (S.Ct.) is more consistent with the format of both F.2d and F. Supp., and may be more useful to the legally unsophisticated reader.

B. State Law

Constitution and Statutes. Revised and annotated statutes of each of the 50 states are published in a set of volumes not unlike the U.S.C.A. However, each state has its own unique "code," and each state's "code" (or set of laws) is organized distinctively. Often, however, there is an education code which covers the public school and higher education systems of the state. (In some states, Michigan and California, for example, the state university is set up in the constitution rather than in the statutes. The legal significance of this is important, as no ordinary act of the legislature can alter the authority or mission of the university so established; it takes a constitutional amendment to make such an alteration.) As is the case with the U.S.C.A., pocket supplements keep the code current.

Administrative Guidelines and Regulations. State agencies exercise powers similar to those exercised by federal agencies, but there is no systematic codification parallel to the C.F.R. The statutory powers of state administrative agencies frequently impinge directly upon the operations of at least the public sector of higher education: Coordinating agencies, personnel agencies, purchasing agencies, and budget bureaus are some of the commonly involved ones.

Court Decisions. State courts decide matters involving state law. (Civil actions in which the "matter in controversy exceeds $10,000" may be tried in the federal district courts.) Two separate reporting systems cover state courts. The West Publishing Company groups states into regions and publishes a total of nine "national reporter system" volumes. New York and California generate so much litigation that two separate volumes cover each of those states. Also, each state publishes the decisions of its own courts in an official reporter. Not every case is reported. Primarily appeals court decisions are produced. Citations to the regional reporters are explained as follows. (Since the 1930s, all regional reporters have started a "second series," thus the 2d in the citations.)

A.2d = Atlantic Reporter, Second Series. Covers Maine, New Hampshire, Vermont, Connecticut, Rhode Island, New Jersey, Pennsylvania, Maryland, and Delaware.

S.E.2d = South Eastern Reporter, Second Series. Covers West Virginia, Virginia, North Carolina, South Carolina, Georgia.

So.2d = Southern Reporter, Second Series. Covers Florida, Alabama, Mississippi, and Louisiana.

N.E.2d = North Eastern Reporter, Second Series. Covers Massachusetts, New York, Ohio, Indiana, and Illinois.

N.Y.S.2d= New York Supplement, Second Series. Covers New York.

N.W.2d = North Western Reporter, Second Series. Covers Michigan, Wisconsin, Minnesota, Iowa, North Dakota, South Dakota, and Nebraska.

S.W.2d = South Western Reporter, Second Series. Covers Kentucky, Tennessee, Missouri, Arkansas, and Texas.

P.2d = Pacific Reporter, Second Series. Covers Kansas, Oklahoma, Montana, Wyoming, Colorado, New Mexico, Idaho, Utah, Nevada, Arizona, Washington, Oregon, California, Alaska, and Hawaii.

Cal.Reptr = California Reporter. Covers California.

(NOTE: As in the federal reporter system, citations read: Volume number, title of reporter, and page.)

VI. Legal Research Aids

Dictionaries. The very technical and evolutionary meaning of words in the legal process makes specialized dictionaries essential to legal research. Black's is one commonly used dictionary. Words and Phrases is a useful compilation (kept current with pocket supplements) of cases which interpret and/or define key words and concepts.

Encyclopedias. For general overviews (but not always authoritative ones) of important concepts, two basic legal encyclopedias can be helpful. They are: Corpus Juris Secundum (C.J.S.), and American Jurisprudence 2d (Am.Jr.2d).

Digests. Annotated summaries of case law are available in several digests. The General Digest is useful for locating cases dealing with particular subjects since 1966. ("Colleges and Universities" is one subject heading.) For annotated summaries of case law preceding 1966, see the Seventh Decennial Digest. Alternatively, American Law Reports (covering state courts) and American Law Reports--Federal (covering federal courts) provide current digests of law.

Citators. By using the appropriate volume of Shepard's Citations, one can trace the developments in a given area subsequent to a particular case. Shepard's shows all cases which have quoted, relied upon, or otherwise cited any given case. So, one could find the citation of Perry v. Sindermann (408 U.S. 546) in the appropriate citator (U.S. Citations) and see listed with it the citations of all cases which have subsequently used Perry in some way. Special codes identify the particular place it played in the opinion.

U.S. Law Week. This is a commercially published service which updates developments in the state and lower federal courts ("General Law" section) and in the U.S. Supreme Court ("Supreme Court" section) on a weekly basis. It is the most current source of information, if not always the most reliable.

Law Reviews. Important conceptual writing appears in the legal journals published by most major law schools, and in those published with specialized focuses in mind. (Of the latter, the Journal of Law and Education and the Journal of College and University Law are of particular interest.) The Current Index to Legal Periodicals indexes most of the law journals and can serve to locate articles dealing with major topical areas.

VII. Texts

-- A Packet of Cases (marked by an * in the syllabus).

-- Hendrickson, Robert M. The Colleges, Their Constituencies and the Courts. Topeka, KS: National Organization on Legal Problems of Education, 1991.

-- Hendrickson, Robert M., and Gibbs, Annette. The College, the Constitution, and the Consumer Student: Implications for Policy and Practice. ASHE-ERIC Higher Education Report No. 7. Washington, DC: Association for the Study of Higher Education, 1986.

VIII. Resource Material on Reserve--Electronic Reserve, Pattee Library and CSHE Library

Resource materials for this class are on electronic reserve and can be accessed at http://reserve.libraries.psu.edu or by simply clicking on the electronic reserve on the course homepage. Hard copy of reserve materials are also available at Pattee and CSHE Libraries.

OTHER HIGHER EDUCATION LAW TEXTS:

Alexander, K., and Solomon, E. College and University Law. Charlottesville, VA: Michie, 1972.

Edward, Harry T., and Nordin, Virginia D. Higher Education and the Law. Cambridge, MA: Harvard University, Institute for Educational Management, 1979.

Hendrickson, Robert, and Mangum, Ronald. Governing Board and Administrator Liability. Washington, DC: ERIC-AAHE Clearinghouse on Higher Education, 1977.

Hollander, Patricia. Legal Handbook for Educators. Boulder, CO: Westview Press, 1978.

Hornsby, D. "Delegating Authority to the Community of Scholars." Duke Law Journal, Vol. 1975 (1975):229.

Kaplin, William A., and Lee, Barbara. The Law of Higher Education, 3rd ed. San Francisco: Jossey-Bass, 1995.

BIBLIOGRAPHY OF LEGAL RESEARCH TOOLS:

Current Index to Legal Periodicals. Information Access Corporation, in cooperation with the American Association of Law Libraries.

Federal Reporter, 2d Series. St. Paul, MN: West Publishing Company.

Federal Supplement. St. Paul, MN: West Publishing Company.

Hicks, Frederick C. Materials and Methods of Legal Research. Rochester, NY: The Lawyers Cooperative Publishing Company, 1933.

Index to Legal Periodicals. The H.W. Wilson Company.

Shepard's Inc. of Colorado Springs or Shepard (Frank) Company or Shepard's Citations, Inc. Colorado Springs, CO.

Supreme Court Reporter. St. Paul, MN: West Publishing Company.

United States Reports. Washington, DC: United States Government Printing Office.



UNIT I: INTRODUCTION

Objectives:

1. Review Course Syllabus

2. Introduce the American Judicial System

3. Introduce the Research Tools Available

4. Definition and Terms

5. Discuss the Concept of Federalism

Read:

Hendrickson, The Colleges, Their Constituencies and the Courts, Chapter 1.

*See also, Cohen's Legal Research in a Nutshell, West's Law Finder; and Alexander and Solomon, Chapter 2.

Discuss:

1. Judicial Review, Marbury v. Madison, 1 Cranch (U.S.) 137 (1803).

2. Justiciability

3. Standing to Litigate

4. The Constitution, as applied to State government or the 4th Amendment;Griswald v. Connecticut, 381 U.S. 479 (1965). (On reserve, Pattee Library)

Read:

Alexander and Solomon, Chapter 1.



UNIT II: INTRODUCTION TO THE LAW LIBRARY AND JUDICIAL PROCESS

Objectives:

1. Become familiar with Law Section in Pattee Library. Although there is no law school at Penn State, the legal holdings are comparable to a law library.

Introduction to Corporate Law and Intergovernmental Relations with Higher Education:

Colleges and Universities as a Corporate Legal Entity--

1. Distinguish between various types of corporations

2. The nature of private non-profit corporations

3. State agencies and public higher education

4. State agencies and private higher education

5. Federal agencies and public higher education

6. Federal agencies and private higher education

Read:

Hendrickson, The Colleges, Their Constituencies and the Courts, Chapter 2, pp. 7-22.

The Trustees of Dartmouth College v. Woodward, 4 Wheat (U.S.) 518 (1819). (On reserve, Pattee Library)

See also:

"Daniel Webster Argues the Dartmouth College Case," in Hofstadter and Smith, American Higher Education: A Documentary History, p. 202. (On reserve, Pattee Library)



UNIT III: SEPARATION OF CHURCH AND STATE

Questions:

1. At what level may government be involved with religion?

2. What does the First Amendment "free exercise clause" mandate?

3. What does the First Amendment "establishment clause" mandate?

4. How can these two clauses be reconciled?

5. What differences between private and church-related institutions are mandated in state-private sector relations?

A. The Principles of the First Amendment

Kauper, Paul G. "Supreme Court and the Establishment Clause: Back to Emerson?" Case Western Reserve Law Review, 25(1974-1975):107-129. (On Reserve)

"Private Colleges, State Aid and the Establishment Clause." Duke Law Journal, Vol. 1975(1975):976-998. (On Reserve)

*Walz v. The Tax Comm'n, 397 U.S. 664 (1970).

B. First Amendment Principles as Applied to Higher Education

*Tilton v. Richardson, 403 U.S. 672 (1971).

*Hunt v. McNair, 413 U.S. 734 (1973).

*Roemer v. Board of Public Works, 387 F. Supp. 1281 (D. Maryland 1974); aff'd, 426 U.S. 736 (1976).

* Bob Jones Univ. v. U.S., 461 U.S. 574 (1983).

* Rosenberger v. Rector and Visitors of the University of Virginia, 115 S. Ct. 2510 (1995)

See also:

Kaplin, p. 28.

The most recent cases will be presented in brief to update this area.



UNIT IV: STATE ACTION

Questions:

1. What is the distinction between public and private institutions?

2. When does a private institution become public?

3. The Fourteenth Amendment -- when will it be applied to private institutions?

4. What happens when the relationship involves the federal government or is there "federal action"?

Cases to Read:

A. The Principle

*Moose Lodge No. 107 v. Irvis, 407 U.S. 163 (1972).

See also:

Hendrickson, Robert M. "State Action and Private Higher Journal of Law and Education, 2(1973):53-75.

Hendrickson, Robert M., and Mangum, Ronald S. "The State and Private Education." Unpublished research document, 1975. ERIC #ED 148284.

Hendrickson, Robert M. "Private Higher Education and the State." Viewpoints, 52(1976):65-72.

Beach, John A. "Fundamental Fairness in Search of Legal Rationale in Private College Student Discipline and Expulsions." Journal of College and University Law, 2(--):65-81.

B. In Private Higher Education

Rackin v. University of Pa., 386 F. Supp. 992 (E.D. Pa. 1974).

*Krynicky v. University of Pittsburgh, 742 F.2d 94 (1984).



UNIT V: TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

Questions:

1. What is the meaning of equity or equality?

2. What are the goals to be achieved in disestablishing the Dual System of Higher Education?

3. Are historically black institutions unconstitutional?

4. What conclusions can be drawn about federal policy on compliance with title VI after reading the case law?

Cases to Read:

*United States v. La., 692 F. Supp. 642 (E.D. La. 1988).

*United States v. La., 718 F. Supp. 499 (E.D. La. 1989).

*United States v. Fordice, 112 S. Ct. 2727 (1992).

*United States v. La., 9 F.3d 1159 (5th Cir. 1993).

See also:

Knight v. Ala., 787 F. Supp. 1030 (N.D. Ala. 1991), provides a great historical chronology of the development of the dual system of higher education in one state.



UNIT VI: AFFIRMATIVE ACTION IN ADMISSIONS

Questions:

1. What criteria should be used in admission?

2. Must the admission process be free of any constitutionally prohibited criteria, "color blind"?

3. What are the constitutionally prohibited criteria?

4. Can advantage be given to a select group based on past disadvantages?

5. Can quotas be used to achieve equality?

6. What is equality?

Read:

Hendrickson, The Colleges, Their Constituencies and the Courts, Chapter 6, pp. 97-104.

Cases to be Read:

*Defunis v. Odegaard, 416 U.S. 312 (1974).

*Regents of the Univ. of Cal. v. Bakke, 438 U.S. 265 (1978).

*Doe v. New York Univ., 666 F.2d 761 (2d Cir. 1981).

*Hopwood v. State of Tex., 78 F.3d 932 (5th Cir. 1996), cert denied

See also:

Adarand Construction, Inc. v. Pena, 115 S. Ct. 2095 (1995)

Cases decided in the last two years will be presented in brief to update this area.



UNIT VII: STUDENT RIGHTS

Questions:

1. What rights must be protected?

2. Should some questions be viewed as non-justiciable as they involve educational policy?

3. How has the Bill of Rights been applied to public higher education?

4. What are Students' Rights in:

a. Discipline
b. Freedom of Speech
c. Freedom of the Press
d. Privacy (search and seizure)

Read:

Hendrickson, The Colleges, Their Constituencies and the Courts, Chapter 6, pp. 97-123

Cases to Read:

*Stier v. New York, 271 F.2d 13 (2d Cir. 1959).

*Dixon v. Alabama, 294 F.2d 150 (5th Cir. 1961).

*Henson v. Honor Comm. of Univ. Va., 719 F.2d 69 (4th Cir. 1983).

See also:

Kaplin, Chapter 4.

Young, D. Parker. The Law and the Student in Higher Education. NOLPE, 1976.

Optional Reading -- other cases to consult, if interested:

Student Press Law Center (nonprofit organization providing legal help and information to the student media and journalism educators)

Fourteenth Amendment (prior to Dixon)--

Gott v. Berea College, 161 S.W. 204 (1913).

Dehann v. Brandeis Univ., 150 F. Supp. 626 (D. Mass. 1957).

Privacy - Search and Seizure--

Moore v. Student Affairs Comm. of Troy State Univ., 284 F. Supp. 725 (N.D. Ala. 1968).

Piazzola v. Watkins, 442 F.2d 284 (1971).

First Amendment--

Tinker v. Des Moines Indep. Comm. School Dist., 393 U.S. 503 (1969).

A. Freedom of Speech, Expression, and Assembly

Dickey v. Alabama State Bd. of Educ., 273 F. Supp. 613 (N.D. Ala. 1967).

Jones v. Board of Educ.--Tenn., 279 F. Supp. 190 (Tenn. 1968).

Buttney v. Smiley, 281 F. Supp. 280 (Colo. 1968).

Esteban v. Central Mo. State College, 290 F. Supp. 622 (N.D. Mo. 1968); 415 F.2d 1077 (8th Cir. 1969).

Scoggin v. Lincoln Univ., 291 F. Supp. 161 (W.D. Mo. 1968).

Saunders v. Virginia Polytechnic Inst., 417 F.2d 1127 (4th Cir. 1969).

Seegal v. Regents of the Univ. of Cal., 308 F. Supp. 832 (N.D. Cal. 1970).

Antonelli v. Hammond, 308 F. Supp. 1329 (D. Mass. 1970).

B. Speaker Bans

Dickson v. Setterson, 280 F. Supp. 486 (M.D. N.C. 1968).

Snyder v. Board of Trustees of Univ. of Ill., 286 F. Supp. 927 (N.D. Ill. 1968).

Smith v. University of Tenn., 300 F. Supp. 777 (E.D. Tenn. 1969).

Stacy v. Williams, 306 F. Supp. 963 (N.D. Miss. 1969).

C. Emerging areas of more recent significance

Freedom of speech, religion and student fees

Voting rights

Organization recognition

Hate speech codes

Gay rights

Sexual harassment

Commercial speech

More recent cases and issues will be presented in a brief to update this area.



UNIT VIII: STUDENT RIGHTS IN ACADEMIC DISMISSAL

Questions:

1. Are academic issues non-justiciable?

2. What process is required in academic dismissal?

3. What institutional rights are involved?

Read:

Hendrickson, The Colleges, Their Constituencies and the Courts, Chapter 6, pp. 121-123.

Cases to be Read:

*University of Mo. v. Horowitz, 98 S.Ct. 948 (1978).

*Marquez v. University of Wash., 32 Wash. App. 302; 648 Pa.2d 94 (1981).

*University of Tex. Medical School at Houston v. Than, 901 S.W.2d 926 (Tex. 1995).

See also:

Kaplin, pp. 18-28, 233-251.

The most recent cases will be presented through a brief.



UNIT IX: ECONOMIC ACCESS -- NON-RESIDENT TUITION

Questions:

1. Can the State distinguish between residents and non-residents for the purpose of tuition?

2. What criteria are valid for states to set for the purpose of establishing residency?

3. What rights must a state protect in establishing a person's classification in terms of residency?

Read:

Hendrickson, The Colleges, Their Constituencies and the Courts, Chapter 6, pp. 105-107.

Cases to Read:

*Vlandis v. Kline, 412 U.S. 441 (1973).

Other Cases:

*Starns v. Malkerson, 326 F. Supp. 234 (D.C. Minn. 1970).

*Frame v. Residency Appeals Comm., 675 P.2d 1157 ( Utah 1983).

See also:

Kaplin, pp. 220-222.

Carbone, Robert F. Students and State Borders. American College Testing Program, 1973.

Hendrickson, Robert M., and Jones, M. Edward. "Non-Resident Tuition: Student Rights v. State Fiscal Integrity." Journal of Law and Education, 2(1973):443-460.

Cases recently decided will be presented in brief to update this area.



UNIT X: FACULTY RIGHTS

Questions:

1. What rights must institutions protect in the employment of faculty?

2. What is tenure?

3. Are there different rights for tenured and non-tenured faculty

4. Is academic freedom a constitutional right?

5. What requirements must be observed in the awarding of rank, tenure, and salaries?

6. What institutional rights must be preserved?

7. When may financial exigencies be applied in the removal of faculty?

Read:

Hendrickson, The Colleges, Their Constituencies and the Courts, Chapter 3, pp. 23-58.

Cases to Read:

A. Non-tenure

*Board of Regents v. Roth, 408 U.S. 564 (1972).

B. Tenure

*Perry v. Sinderman, 408 U.S. 593 (1972).

C. Academic Freedom

*Starsky v. Williams, 512 F.2d 109 (1975).

See also: W. Metzger (Ed.), The Constitutional Status of Academic Freedom (New York: Arno Press, 1977).

See: Kaplin, pp. 141-159.

D. First Amendment Speech

*Jeffries v. Harleston, 52 F.3d 9 (2d. Cir. 1995)

See also: Waters v. Churchill, 114 S. Ct. 1878 (1994).

E. Discrimination in Promotion, Tenure, and Salaries

Read:

Hendrickson, The Colleges, Their Constituencies and the Courts, Chapter 4, pp. 61-83.

Cases to Read--Title IX--

*North Haven v. Bell, 456 U.S. 512 (1982).

*Grove City College v. Bell, 465 U.S.555 (1984).

*The Civil Rights Restoration Act, P.L. 100-259 (1987); 102 Stat. 28 (1987).

See: Kaplin, pp. 159-169.

See also: Hendrickson, Robert M., and Lee, Barbara A. Faculty Employment and Retrenchment: Judicial Review and Administrative Action. ERIC-ASHE Research Report No. 8, 1983.

The area will be updated through briefs on the following topics:

1. Title VII

a. Disparate impact
b. Disparate treatment
c. Multiple regression

2. Equal pay/comparable worth

3. Termination of tenured faculty for cause

4. Due process in financial exigencies

5. Part-time faculty rights

6. Sexual harassment



UNIT XI: FACULTY RIGHTS -- COLLECTIVE BARGAINING

Questions:

1. Are faculty employers or employees?

2. What procedures are mandated in the collective bargaining process?

3. Do all institutions fit the Yeshiva model?

Read:

Hendrickson, The Colleges, Their Constituencies and the Courts, Chapter 5, pp. 85-95.

Cases to be Read:

*NLRB v. Yeshiva, 444 U.S. 672 (1980).

*Minnesota State Bd. for Community Colleges v. Knight, 465 U.S. 271 (1984).

See also: Kaplin, Chapter III, pp. 87-108.

Update of cases will be achieved through brief on recent issues.




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