The Law of Higher Education

1788 Pages·2006·6.68 MB·English

by  William A. Kaplin, Barbara A. Lee

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The Law of
Higher Education
A Comprehensive Guide to
Legal Implications of Administrative
Decision Making
VOLUME I
FOURTH EDITION
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The Law of
Higher Education
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William A. Kaplin
Barbara A. Lee
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The Law of
Higher Education
A Comprehensive Guide to
Legal Implications of Administrative
Decision Making
VOLUME I
FOURTH EDITION
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Copyright 2006 by John Wiley & Sons, Inc. All rights reserved.
©
Published by Jossey-Bass
A Wiley Imprint
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No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any
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ISBN-10: 0-7879-7094-8
ISBN-13: 978-0-7879-7094-9
Library of Congress Cataloging-in-Publication Data
Kaplin, William A.
The law of higher education / William A. Kaplin, Barbara A. Lee. — 4th ed.
v. cm.
Includes bibliographical references and index.
Contents: Overview of higher education law—Legal planning and dispute
resolution—The college and its trustees and officers—The college and
its employees—Nondiscrimination and affirmative action in employment—
Faculty employment issues—Faculty academic freedom and freedom of
expression—Rights and responsibilities of individual students—Rights
and responsibilities of student organizations and their members—Local
governments and the local community—The college and the state government—
The college and the federal government—The college and the education
associations (on website)—The college and the business/industrial
community (on website).
ISBN-10: 0-7879-8659-3 (cloth)
ISBN-13: 978-0-7879-8659-9 (cloth)
1. Universities and colleges—Law and legislation—United States. 2. School
management and organization—Law and legislation—United States. 3. Universities and colleges—
United States—Administration. I. Lee, Barbara A. II. Title.
KF4225.K36 2006
344.73'074—dc22
2006010076
Printed in the United States of America
FIRST EDITION
HB Printing 10 9 8 7 6 5 4 3 2 1
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The Jossey-Bass
Higher and Adult Education Series
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Notice to Instructors
A Student Edition of The Law of Higher Education, Fourth Edition, will be pub-
lished shortly after this Fourth Edition is published, as will a compilation of
teaching materials for classroom use by instructors and students. In addition, a
Web site supporting the Fourth Edition and the Student Edition will be accessi-
ble to instructors and students and will include information on new legal devel-
opments, edited versions of new cases, and other materials. The Web site will
be hosted by the National Association of College and University Attorneys
(NACUA), and will be available at http://www.nacua.org. There will also be an
Instructor’s Manual available only to instructors, which will be available on the
Web site of Jossey-Bass (http://www.Josseybass.com).
The Law of Higher Education, Student Edition, will be approximately one-
half the length of the Fourth Edition and will contain material from the Fourth
Edition that has been carefully selected by the authors for its particular rele-
vance for classroom instruction. It will also include a new Preface and Intro-
duction directed specifically to students and instructors. This Student Edition
will be available from Jossey-Bass, Inc., Publishers in the spring or summer of
2007. Direct inquiries and orders to:
Jossey-Bass, A Wiley Imprint
Customer Service
10475 Crosspoint Blvd.
Indianapolis, IN 46256
800-956-7739
The compilation of teaching materials—Cases, Problems, and Materials for
Use with The Law of Higher Education, Fourth Edition—is for instructors and
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Notice to Instructors vii
students in courses on higher education law, as well as for leaders and participants
in workshops that address higher education legal issues. This compilation con-
tains court opinions carefully edited by the authors and keyed to the Student
Edition, notes and questions about the cases, short problems designed to elicit
discussion on particular issues, a series of “large-scale” problems suitable for
role playing, and guidelines for analyzing and answering all the problems. The
compilation will be available from the National Association of College and Uni-
versity Attorneys, which will also publish periodic supplements to the Fourth
Edition and the Student Edition, and will host the Web site for these books.
Cases, Problems, and Materials will be available in electronic format that can be
downloaded from NACUA’s Web site and in hard copies available for purchase at
cost from NACUA (see below). Any instructor who has adopted the Student Edi-
tion or the full Fourth Edition as a required course text may download a copy of
Cases, Problems, and Materials, or selected portions of it, free of charge and
reproduce the materials for distribution to the students in the course. No other
reproduction, distribution, or transmission is permitted. For hard copies, direct
inquiries and orders to:
Manager of Publications
National Association of College and University Attorneys
Suite 620, One Dupont Circle, NW
Washington, DC 20036
[phone]; Fax [phone]
Further instructions for downloading or purchasing Cases, Problems, and
Materials are on the NACUA Web site.
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Notice of Web Site and Periodic
Supplements for the Fourth Edition
The authors, in cooperation with the publisher, have made arrangements for
two types of periodic updates for the Fourth Edition. First, the National Asso-
ciation of College and University Attorneys (NACUA) has generously agreed
to host a Web site for The Law of Higher Education, Fourth Edition, whose
purpose is to provide citations and brief updates on major new developments
in a relatively informal format. This Web site may be accessed through the
NACUA Web site at http://www.nacua.org. Second, the authors intend to pre-
pare periodic supplements to The Law of Higher Education, Fourth Edition,
as feasible. NACUA has also agreed to publish such supplements and to have
them available for purchase in hard copy. Further directions for accessing the
Fourth Edition Web site and for purchasing periodic supplements will appear
on the NACUA Web site. Both of these updating services for users of
the Fourth Edition are intended as a response to the law’s dynamism—to the
rapid and frequent change that occurs as courts, legislatures, government
agencies, and private organizations develop new requirements, revise or
eliminate old requirements, and devise new ways to regulate and influence
institutions of higher education.
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