We have two primary sets of objectives in the course. The first is to develop expertise among higher education administrators as consumers of legal services. Our primary task this semester is to raise your familiarity with the legal issues that commonly arise within higher education so that you have the background necessary to ask thoughtful questions to counsel. In other words, you should leave the course with the background necessary to recognize legal issues when they emerge on your campus and engage in sophisticated discussions about them.

The other of our course goals is to cause you to consider how you might help to facilitate preventive law strategies. We focus on the state of the law in several key areas, not merely as an intellectual exercise, but as it might shape particular decisions and policies on campus. My premise in organizing the course is that the successful higher education administrator is one who can develop approaches to managing an institution that take into account the rules and doctrine that courts and legislatures have defined. He or she should endeavor to avoid litigation, but not be paralyzed by a fear of being called into court.

II. General Information

A. Date, Time, and Place

We will meet each Thursday from 4:30 p.m. to 7:15 p.m. in room 336 School of Education. We will begin class promptly at 4:30 p.m. and will take a short break sometime around 6 p.m.

B. Addresses and Telephone Numbers

You may reach me outside of class by visiting my office, via telephone, or through electronic mail. My preference is that you contact me by e-mail, whenever possible. I check for both voice and e-mail messages at least daily. My office is located on the third floor of the School of Education in Suite 328 (Urban Leadership and Policy Studies).

My address is:

School of Education University of Missouri-Kansas City 5100 Rockhill Road Kansas City, Missouri 64110

My telephone numbers are:

816-235-2451, office 816-235-5270, fax 816-531-8980, home

My electronic mail address is:

toma@pop.umkc.edu

Betty Green is the secretary in my office suite. She neither schedules appointments for me nor takes messages.

C. Office Hours

I will hold office hours by appointment. Please contact me directly to schedule an appointment.

III. Text and Coursepack

We will use one text is the course, as well as a coursepack. The text is available at the campus bookstore, located at the University Center, for approximately $80:

Kaplin, W. and Lee, B. (1995). The law of higher education: A comprehensive guide to legal implications of administrative decision making. San Francisco: Jossey-Bass Publishers.

The coursepack is also available at the campus bookstore.

IV. Written Assignments and Other Expectations

A. Papers

You will be responsible for producing three papers of 7-10 pages in length. The papers will be responses to hypothetical fact situations. We will not have a final examination in the course but will meet during finals week on May 8 and hold a regular class session. The purpose of the papers is to have you consider the ideas that we discuss in class, as well as the assigned readings, in more detail and within the context of our primary course objectives.

The papers will be due on the dates and at the times indicated. You do not need to include a bibliography with your papers, but you must cite your sources. Place the citation in text, including the page number for both direct quotes and other passages. Cite judicial decisions in the same way you would a book, chapter, or article, using the name of the plaintiff in place of the author.

Please staple your papers and do not put them in a binder or cover.

Although I recognize that several of you are working full-time outside of the classroom and have several demands on your time, I will allow extensions only in the case of extreme hardship.

B. Electronic Mail

Sometime before the third class meeting, everyone must obtain an electronic mail account from the university and send me a message at the address listed above. You can reach UMKC Computing Services at 816-235-1480 for information on establishing an e-mail account. I will occasionally post messages about changes in class meetings, assignments, etc. to you address so it is essential that you not only get on e-mail but check it at least weekly.

C. Attendance, Class Participation, and Behavior

I expect that you will contact me, preferably by electronic mail, if you will not be able to attend any class meeting. I will not tolerate repeated absences and will take appropriate action if they occur. Your attendance is obviously essential to your class participation, which is an important element of your final grade. I define participation broadly to include your careful attention to discussions, as well as your direct contributions to our discussions.

In addition, I expect your adherence to UM System and UMKC policies on plagiarism and student academic conduct.

V. Evaluation

I will use two primary criteria in determining your course grade. The first is the quality of your contributions in class and your regular class attendance. The second is the level of sophistication that you display in your written work. Both are a product of your attention to the assigned readings. I encourage you to read carefully and bring any questions that you might have to the attention of the class.

VI. Class Meetings and Reading Assignments

Please read the material listed under each topic for the class meeting indicated. Please note where class has been rescheduled from our regular Thursday evening meeting time.

A. Course Introduction, January 16

No Reading Assignment

Text:
Kaplin and Lee Ch. 1, pp. 1-67

Coursepack (Roo Packs):
Provisions of the U.S. Constitution.

Symposium (1993). Focus on ethics and the university attorney. Journal of College and University Law, 19(4), 305-41.

Drinan, R. Lawyer confidentiality in the campus setting.

Durham, S. Case studies on wrongdoing on campus: Ethics and the lawyerÕs role.

OÕNeill, R. The lawyer and the client in the campus setting: Who is the client, what does the client expect and how may the attorney respond.

McConnell v. Howard University, 818 F.2d 58 (D.C. Cir. 1987) (judicial review and burdens of proof)

Krynicky v. University of Pittsburgh, 742 F.2d 94 (3d. Cir. 1984) (state action)

C. Governance and Administration, January 30

Text:
Ch. 2, pp. 76-142

Coursepack:
Bradshaw v. Rawlings, 612 F.2d 135 (3d Cir. 1979) (institutional tort liability)

Nero v. Kansas State University, 861 P.2d 768 (Kan. 1993) (institutional tort liability)

Beckman v. Dunn, 419 A.2d 583 (Pa. 1980) (institutional tort liability)

Endress v. Brookdate Community College, 364 A.2d 1080 (App. Div. 1976) (personal liability for violation of federal constitutional rights)

1. Admissions and Financial Aid, February 6

Text:
Ch. 4, pp. 371-450

Coursepack:
Hopwood v. University of Texas (5th Cir. 1996) (affirmative action admissions).

U.S. v. Virginia (Virginia Military Institute) (U.S. 1996) (single-sex public institutions).

Podberesky v. Kirwan, 38 F.3d 147 (4th Cir. 1994) (minority scholarships).

2. Discipline and Security, February 20

Text:
Ch. 4, pp. 451-500; 532-38; 549-55; 576-91
Coursepack:
Picozzi, J. (1987). University disciplinary process: WhatÕs fair, whatÕs due, and what you donÕt get. Yale Law Journal, 96(1), 2132-61.

Regents of the University of Michigan v. Ewing, 474 U.S. 214 (1985) (awarding of grades and degrees).

Susan M. v. New York Law School, 76 N.Y.2d 241 (1990) (awarding of degrees)

Napolitano v. Trustees of Princeton University, 453 A.2d 263 (N.J. App. Div. 1982) (private institutions).

Piazzola v. Watkins, 442 F.2d 284 (5th Cir. 1971) (student housing).

Nero v. Kansas State University, 861 P.2d 768 (Kan. 1993) (see ÒCÓ above) (campus security).

3. Protest, Expression, and Religion, February 27

Text:
Ch. 4, pp. 500-32; 538-48

Coursepack:
Rosenberger v. University of Virginia (U.S. 1995) (religious speech)

Iota Xi Chapter of Sigma Chi Fraternity v. George Mason University, 993 F.2d 386 (4th Cir. 1993) (hate speech).

Papish v. Board of Curators of the University of Missouri, 410 U.S. 667 (1973).

Text:
Ch. 4, pp. 556-75

Coursepack:
Cohen v. Brown University, 991 F.2d 888 (1st Cir. 1993) (gender equity).

O'Halloran v. University of Washington, 856 F.2d 1375 (9th Cir. 1988) (drug testing).

Law v. National Collegiate Athletic Association, 902 F. Supp. 1394 (D. Kan. 1995) (assistant basketball coaches).

E. Faculty

1. Employment, Bargaining, and Personnel Decisions, March 6

Text:
Ch. 3, pp. 150-96; 271-98; 343-60

Coursepack:
Lehnert v. Ferris Faculty Association, 500 U.S. 507 (1991) (organization, recognition, and certification).

McConnell v. Howard University, 818 F.2d 58 (D.C. Cir 1987) (faculty personnel decisions; see "B" above).

Board of Regents of State College v. Roth, 408 U.S. 564 (1972) (constitutional due process).

Perry v. Sinderman, 408 U.S. 593 (1972) (constitutional due process).

No Class, March 20 (rescheduled for May 8)

2. Academic Freedom, March 27

Text:
Ch. 3, pp. 299-342

Coursepack:
Martin v. Parrish, 805 F.2d 583 (5th Cir. 1986) (classroom).

Parate v. Isibor, 868 F.2d 821 (1989) (classroom).

Jeffries v. Harleston, 52 F.3d 9 (2d Cit. 1995) (classroom, research, institutional affairs, private life).

University of Pennsylvania v. EEOC, 493 U.S. 182 (1990) (academic freedom privilege).

3. Discrimination and Affirmative Action, April 3

Text:
Chapter 3, pp. 197-270

Coursepack:
Oppenheimer, D. (1988). Distinguishing five models of affirmative action. Berkerly WomenÕs Law Journal, 5(1), 42-61.

F. University-Community Relations, April 10

Text:
Ch. 5, pp. 605-667

Coursepack:
State v. Schmid, 423 A.2d 615 (N.J. Sup. 1980) (trespass ordinances)

Board of Trustees of the State University of New York v. Fox, 492 U.S. 469 (1989) (soliciting and canvassing).

Text:
Ch. 9, pp. 911-63

Coursepack:
Jansen v. Atiyeh, 742 P.2d 765 (Ore. App. 1987) (college as seller/competitor).

1. Accreditation Associations, April 24

Text:
Ch. 8, pp. 869-906

Coursepack:
Marjorie Webster Junior College, Inc. v. Middle States Association, 302 F. Supp. 459 (D.D.C. 1969) (accrediting agencies).

California State University v. NCAA, 121 Cal. Rptr. 85 (Cal. App. 1st Div. 1975) (conferences).

Text:
Ch. 6, pp. 671-706

Coursepack:
Nova University v. Educational Institution Licensure Commission, 483 A.2d 1172 (D.C. App. 1984) (state chartering and licensure of private institutions).

Red and Black Publishing Co. v. Board of Regents, 427 S.E.2d 257 (1993) (state reguation).

3. Federal Government Relations

a. Regulation and Taxation, May 1

Text:
Ch. 7, pp. 711-800

Coursepack:
Board of Trustees of the Leland Stanford Junior University v. Sullivan, 773 F. Supp 472 (D.D.C. 1991) (disputes with funding agencies).

b. Civil Rights Compliance, May 8

Text:
Ch. 7, 800-855

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