Download the Course Information
	Adobe Portable Document File (PDF)
	Microsoft Word

Syllabus: Course Information

 

   I.    Course Number:  CECP 625

  II.     Course Title:  Legal Issues in Higher Education

 III.     Course Credit:   3 graduate hours

 IV.    Texts:

The Constitution of the United States of America.

Kaplin, W. A. & Lee, B.  (1995) The law of higher education.  (Third Edition) San Francisco:  Jossey-Bass, Inc.

Paterson, B.G. & Kibler, W. L.  (1998) The administration of campus discipline: student, organizational, and community issues. Asheville, N.C.:

College Administration Publications, Inc.

Bickel, R. D., & Lake, P.F. (1999) The rights and responsibilities of the modern university.  Durham, North Carolina:  Carolina Academic Press.

Other readings will also be assigned.

V.      Course Description:

An exploration of the legal issues that affect the administration of postsecondary educational institutions.  Issues pertaining to the various constituents of colleges and universities – students, faculty, and administrators - will constitute the major focus of this course.

VI.     Course Objectives:

The general objectives of this course are:

• To acquire knowledge of the method for legal citations.
• To develop the ability to utilize a law library and Lexus-Nexus as a resource tool.
• To understand the concept of “state action” and to be able to differentiate between public and private institutions.
• To become familiar with the jurisdiction of the courts and the implications of judicial opinions for postsecondary administrators.
• To develop the ability to identify legal issues related to students, faculty, and administrators.
• To become familiar with judicial decisions interpreting legislative acts impinging on the administration of colleges and universities.
• To understand several basic parameters of the legal liability of postsecondary administrators.
• To become acquainted with periodicals and resources available to assist the administrator in the area of legal issues.
• To develop a personal philosophy for working with institutional counsel.

VII.    Caveat:

This is an education course and not a law school offering.  While enrollment is open to graduate students at the University, it is primarily designed for those who either plan to become educational administrators or those who are currently practicing in the profession.  The purpose of the course is to provide students with an awareness of the legal ISSUES that arise in higher education and the legal parameters defining those issues.  The course is NOT designed to provide legal training or advice.  If legal advice is desired, seek competent legal counsel.

VIII.    Class Procedures:

Students are expected to complete the assignments and readings PRIOR to class.  There will be some lectures by the instructors and guest lecturers but for the most part students will be expected to contribute to class discussion.  Participation will be a critical component of course evaluation.

This course is reading intensive and requires an extraordinary amount of preparation.  Some classes will begin with a quiz over material covered since the preceding quiz and all material covered up to that point.  In addition to preparing for quizzes, students will be required to submit a number of briefs throughout the semester and be prepared to discuss the reading material for each particular class.

Students are expected to demonstrate professional demeanor; i.e., to be on time, to display professional courtesy to all classmates and instructor(s), to meet all deadlines, to turn off all cell phones, pagers, pda alarms, etc., and to notify the instructor in advance of their absence.  All assignments are due at the beginning of class.  Any exceptions to deadlines will be made through prior discussions with, and approval (in writing), of the instructor.

  IX. Class Requirements:

• Each student is expected to be prepared to participate in class discussions.
• Each student is expected to complete reading assignments prior to each class.
• Each student will be expected to maintain a 3-ring notebook in which class notes, outlines and other materials will be maintained in an organized manner. These will be graded by the instructor.
• From time to time, students will be directed to obtain additional new cases. These should be included in classroom preparation and placed in the notebook.
• Each student will complete a 25-minute quiz as per the schedule.
• Each student will submit briefs for at least 7 law cases. The format for briefs is provided. Adherence to format is a critical part of the grading for each brief.
• Each student will participate in a group to formulate and present a solution to a case study.      

    X. Grading:

Notebooks             10 points                    

Case Study                       20 points

Quizzes                30 points                    

Class Participation            10 points

Briefs                     20 points                    

Reaction Paper                 10 points

a.      Notebooks – evaluation based on organization, ease of use as reference, completeness, and neatness.

b.      Quizzes – evaluation based on thoroughness of response, citation of appropriate cases and concepts, clear and concise expression of ideas, grammar and spelling.  Quizzes are over material covered up to that date.

c.      Briefs – evaluation based on student’s ability to summarize primary facts, a concise, well-defined statement of the issue, and the pertinent rationale of the court in support of its answer to the issue.

d.      Class participation – evaluation based on student’s attendance, involvement, engagement in discussions and debates, prior reading of material, obvious preparedness, contribution to the class, professional demeanor, and other factors deemed appropriate by the instructor.

e.      Case study – evaluation based upon teamwork application of pertinent case law and legal concepts, identification and resolution of issues contained in case, presentation of position and outcome.

f.        Reaction Paper – evaluation based on clarity of thought, originality, ability to compare and contrast legal concepts and administrative models, grammar, spelling, and general writing skills.

  XI.   Changes to Class Policies: 

         This syllabus is subject to change in the event of extenuating circumstances.

XII.       Academic Integrity:

Please be advised that all policies pertaining to academic integrity will be strictly adhered to in this course.  In particular, plagiarism is prohibited.  Plagiarism consists of passing off as one’s own ideas, words, writings, etc., which belong to another.  In accordance with this definition, you are committing plagiarism if you copy the work of another person and turn it in as your own, even if you have the permission of that person.  If you have any questions regarding these policies, please consult the Student Code under the section “Conduct Rules & Regulations, B.3.a” and p. 26-28 of The Graduate Catalog.

XIII.     Course Calendar: click here