state regulatory laws affecting postsecondary education programs
13.5
|
11.2.4.1 Laws on gun possession
|
13.5.6
|
11.3 Federal Government Regulation
|
11.3.1 Overview of federal constitutional powers over education
|
14.1.1
|
11.3.2 Federal regulation of postsecondary education
|
14.2
|
11.3.2.1 Overview
|
14.2.1
|
11.3.2.2 Regulation of research
|
14.2.3
|
11.3.2.3 Regulation of intellectual property
|
14.2.5
|
11.4 Federal Aid-to-Education Programs
|
14.4
|
11.4.1 Functions and history
|
14.4.1
|
11.4.2 Legal structure of federal aid programs
|
14.4.3
|
11.5 Civil Rights Compliance
|
14.5
|
11.5.1 General considerations
|
14.5.1
|
11.5.2 Title VI
|
14.5.2
|
11.5.3 Title IX
|
14.5.3
|
11.5.3.1 Overview
|
14.5.3.1
|
11.5.3.2 Title IX and peer sexual harassment
|
14.5.3.2
|
11.5.3.3 Claims by accusing students
|
14.5.3.3
|
11.5.3.4 Claims by accused students
|
14.5.3.4
|
11.5.4 Section 504 of the Rehabilitation Act
|
14.5.4
|
11.5.5 Coverage of unintentional discrimination
|
14.5.7.2
|
12 The College and External Private Entities
|
12.1 The Education Associations
|
12.1.1 Overview of the education associations
|
15.1
|
12.1.2 Accrediting agencies
|
15.3.1
|
12.1.3 Athletic associations and conferences
|
15.4.1
|
12.2 Business Partners.
|
12.2.1 Research collaboration
|
16.4.1
|
12.2.2 The research agreement
|
16.4.2
|
APPENDICES
|
A. Constitution of the United States of America: Provisions of Particular Interest to Postsecondary Education
|
B. The American Court System
|
C. Reading and Analyzing Court Opinions
|
D. Glossary of Legal Terms
|
Bibliography
|
Statute Index
|
Case Index
|
Subject Index
|
Much as it takes a village to raise a child (a saying of obscure origin), it takes an “academical village” (Thomas Jefferson's phrase) to raise a book—at least a book such as this that arises from, and whose purpose is to serve, a national (and now international) academic community. This Student Version of the sixth edition is dedicated to all those members of our academical village, especially the instructors and students, who in numerous and varied ways have helped raise this book from its origins through this sixth edition, and this Student Version, and to all those members who will face the great challenges of law and policy that will shape higher education's future.
Preface
Operating the colleges and universities of today presents a multitude of challenges for their leaders and personnel. Often the issues they face involve institutional policy, but with continually increasing frequency they have legal implications as well. For example:
A staff member may decide to become a whistleblower and assert that another college employee is violating the law. If the complaining staff member's performance has been problematic, and “just cause” exists for dismissal, may the college discharge the whistleblowing