Parameters of Law in Student Affairs and Higher Education (CNS 670) Copyright (c) 2013 Western Kentucky University All rights reserved. http://digitalcommons.wku.edu/cns_law Recent documents in Parameters of Law in Student Affairs and Higher Education (CNS 670) en-us Wed, 10 Apr 2013 20:27:08 PDT 3600 Legal Considerations: Student Activities, Organizations & Greek Life http://digitalcommons.wku.edu/cns_law/11 http://digitalcommons.wku.edu/cns_law/11 Thu, 07 Feb 2013 17:21:02 PST John Sanders Orientation and Residence Life: Legal Considerations http://digitalcommons.wku.edu/cns_law/10 http://digitalcommons.wku.edu/cns_law/10 Wed, 30 Jan 2013 07:34:45 PST Cady Denton et al. Technology: How to Stay out of Court http://digitalcommons.wku.edu/cns_law/9 http://digitalcommons.wku.edu/cns_law/9 Fri, 17 Dec 2010 13:19:18 PST It is hard to believe that over a century ago business professionals, educators, high school and college students were writing letters with a pen and ink, making telephone calls on a land line phone, and physically making home visits to family and friends. In today’s society, texting has replaced phone calls, picture and video messaging has replaced face to face conversation, emails has replaced letter writing and social networking is changing the face of how electronic communication is viewed along and administered.

Electronic communication has led the way in this new millennium of communication and because technology is changing so rapidly, student affairs professionals must stay on top of what electronic communication is. And how electronic communication is relevant to students, our professions, to the university as well as the best way to understand what legal ramifications which may develop from it.

This guidebook will provide several subjects of technology involving technology: Electronic communication, plagiarism regarding electronic communication, distance and web learning as well as social networking, as well as the purpose of technology in higher education.

]]> Erin Jozwiak et al. Religion: How to Stay out of Court http://digitalcommons.wku.edu/cns_law/8 http://digitalcommons.wku.edu/cns_law/8 Fri, 17 Dec 2010 13:19:18 PST In the First Amendment to the Constitution of the United States of America, it reads that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This single sentence, the Establishment Clause, is the backbone of religious freedom in the United States, and with its several annotations it has given shape and breadth to the concept of religion in America, more specifically our topic, i.e. religion in higher education and student affairs.

]]> Kenneth Akers et al. Crisis Management: How to Stay out of Court http://digitalcommons.wku.edu/cns_law/7 http://digitalcommons.wku.edu/cns_law/7 Fri, 17 Dec 2010 13:19:17 PST Crisis Management in higher education is often unpredictable. It requires immediate decision making and quick resolution based on the outcome of an event that has taken place. Institutions have an obligation to reduce uncertainty in the event of crisis and to mitigate the circumstances of potential volatile situations. A crisis management policy should be established and implemented in order to provide a safe and healthy environment for all. In the wake of the Virginia Tech tragedy, a report was provided to the President of Virginia Tech that stated “a strong, vibrant and supportive community is essential in ensuring a safe campus environment. An environment that promotes civility, works toward the acceptance of others‟ differences, strives to include rather than exclude and provides assistance to those in need is fundamental to a safe campus” (Rinehart, 2007). This assignment will cover and provide tips on crises currently facing institutions such as: campus security; fraud; disruptive behavior; cheating/theft; technology, rape/assault; hazing and binge drinking; natural disasters; media relations/communication; and training.

]]> Adrianne Browing et al. Staying out of Court: Leadership Factors for Consideration as Higher Education Administrators http://digitalcommons.wku.edu/cns_law/6 http://digitalcommons.wku.edu/cns_law/6 Fri, 17 Dec 2010 13:19:16 PST Higher education leaders have a tremendous responsibility as it relates to legal concerns. This guidebook is intended to assist leaders in higher education by providing factors for which administrators serving in a student affairs or higher education leadership role should consider. This guidebook is designed to offer five recommendations for best practices. The guidebook will also review the 2007 rape and murder of a Eastern Michigan University student in demonstrating how leaders at this institution failed to follow these five factors of best practice and thus providing examples of negligence or tort liability, which has best been defined as civil wrong, other than a breach of contract, for which the court will allow a remedy (Kaplan & Lee, 2007). (Barr & Associates, 1993) inform leaders, “The best defense against tort liability is to know legal duties and fulfill them.” (p. 281). Readers will learn how best to apply the following factors in student affairs and/or higher educational leadership: 1.Avoid unethical behavior 2.Hire good people 3.Establish and follow procedures 4.Be current on legal issues affecting higher education 5.Develop positive leadership skills

]]> Steven R. Briggs Are You Personally Liable? What Student Affairs Professionals Should Know http://digitalcommons.wku.edu/cns_law/5 http://digitalcommons.wku.edu/cns_law/5 Thu, 25 Jun 2009 06:59:07 PDT Understanding an institution’s policies and laws of the state where the institution is located, student affairs professionals can better protect themselves against personal liability. The purpose of this chapter is to provide a description of potential sources of liability, background on immunity and relevant cases, and suggestions on how institutional employees may protect themselves from personal liability suits.

]]> Karla Perez-Velez The ABCs of Crisis Management: How to Stay out of Court http://digitalcommons.wku.edu/cns_law/4 http://digitalcommons.wku.edu/cns_law/4 Tue, 16 Jun 2009 13:42:52 PDT Advice about Crisis Management is what this handbook is all about. We have comprised a handbook to hopefully help you stay out of court. We call it the ABC’s of CRISIS MANAGEMENT. Since it is imperative that one must advise properly, there is a need to have the skill of knowing what type of advice one renders. The key explanation of these types of advice lies in the audience or recipients of the advice. Our goal is to keep you out of court throughout a crisis.

]]> Lorna Hollowell et al. The Ginsburg Group: Technology: How to Stay out of Court http://digitalcommons.wku.edu/cns_law/3 http://digitalcommons.wku.edu/cns_law/3 Tue, 16 Jun 2009 11:28:03 PDT For professionals in higher education, it is our responsibility to stay on top of the ever changing landscape of technology at our colleges and universities. In order to provide the best and most convenient services, it is our objective to continue to expand the walls of higher education into the global boundaries of technology. For the purpose of this paper, the Ginsburg Group has focused on five different areas regarding the use of technology. In these areas, the information provided is our thoughts and best advice in how institutions of higher learning can avoid the courtroom. The following pages will dive into information on a wide variety of topics that the Ginsburg Group felt was important in discussing “How to Stay Out of Court.” Each chapter presented will contain information regarding the topic and then will finish with reference for that chapter. The five chapters we broke the information down to are: &#; Chapter One: FERPA &#; Chapter Two: Electronic Communication &#; Chapter Three: Plagiarism &#; Chapter Four: Electronic Content &#; Chapter Five: Outsourced Technology As a group, it is important to note that we are students in a Counseling and Student Affairs course who are putting our best attempt forward in regards to the law. The information we are providing in the pages to follow are the culmination of a semester of information received in our Counseling and Student Affairs course that is titled “Parameters of Law/Student Affairs.” When it comes down the specifics of each area, it is always smart to consult your university attorney. Thanks for taking time to read our information on “How to Stay Out of Court.” Sincerely, The Ginsburg Group Jennifer Ballard, Lee Maglinger, Alisha Orosz, Mandy Skinner, Kevin Thomas

]]> Jennifer Ballard et al. Liability: How to Stay out of Court http://digitalcommons.wku.edu/cns_law/2 http://digitalcommons.wku.edu/cns_law/2 Tue, 16 Jun 2009 11:28:03 PDT Liability can be defined as being held legally responsible for an incident that may occur. As student affairs professionals, one must be very cautious as to stay out of court. Every word or action a student affairs professional does may be scrutinized and twisted to make them or their given university legally responsible for any adverse incidents that they may have had some involvement with. Incidents which student affairs professionals may be held responsible for can range anywhere from student deaths to expulsion/removal from school and much more. This handbook is designed to better educate you about liability and how to help keep you out of court.

]]> Stephanie Keene et al. Harassment Handbook http://digitalcommons.wku.edu/cns_law/1 http://digitalcommons.wku.edu/cns_law/1 Tue, 16 Jun 2009 11:28:02 PDT Harassment presents itself as a challenging annoyance, which most everyone will have to confront over a period of time. As defined by the Equal Employment Opportunity Commission, harassment is commonly transferred via some type of unwelcome communicated behavior, which includes discrimination (2007). There are several motives for which harassment can occur, including race, gender, religion, sexual orientation, and disability. Titles VI and VII of the Civil Rights Act of 1964, and Title IX of the Educational Amendments of 1972 are two federal discrimination laws that help protect residents of the United States from occurrences including both discrimination and harassment, that contribute to a hostile work and/or learning environment, causing limitation or interference with ones work performance or education. In order to help Student Affairs professionals “stay out of court” this handbook was designed as a source to educate readers on Laws and Statues related to Title VI, Title VII and Title IX, programs offered by universities in an attempt to confront harassment, guidelines and best practices for employees of higher education institutions, facts and figures on sexual harassment, and background historical information in addition to relevant law cases involving issues of racial and sexual harassment within a system of higher education, as well as a non educational work environment.

Throughout the following handbook the reader will find important information that will hopefully aid in developing an understanding and awareness regarding the need for Student Affairs professionals to be knowledgeable in the area of harassment.

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