The Law of Higher Education, 5th Edition
William A. Kaplan is professor of law emeritus at The Catholic University of America, Washington, DC, where he also served as special counsel to the Office of General Counsel. He is now senior fellow at the Center for Excellence in Higher Education Law and Policy, Stetson University College of Law.
Barbara A. Lee is professor of human resource management at Rutgers University's School of Management and Labor Relations and of counsel to the law firm of Edwards Wildman Palmer. An attorney, she teaches employment law and higher education law.
Together they are the authors of The Law of Higher Education , now in its fifth edition, and A Legal guide for Student Affairs Professionals.
The Law of Higher Education, 5th Edition
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 staff member?
A tenured faculty member may have been accused of sexually harassing a student by requiring the student to complete a project that the student finds offensive. What standards and processes should be used to determine whether the faculty member should be discharged, disciplined, or reprimanded?
A student religious organization may approach the dean of students seeking recognition or an allocation from the fund for student activities. If membership is limited to students of a particular faith, or if the student organization does not admit gays or lesbians, how should the administration respond?
A group of students petitions the administration to develop a hate speech code because they believe it will reduce the number of bias incidents on campus. Can a public institution enforce such a provision?
A wealthy alumna may call the vice president for student affairs and offer to make a multimillion dollar donation for scholarships on the condition that they be awarded only to African American students from disadvantaged families. Can and should the vice president accept the donation and follow the potential donor's wishes?
To assist students and instructors who wish to study, research, or teach about issues such as these and innumerable others, we have prepared this Student Version of our two-volume work, The Law of Higher Education, Fifth Edition (" LHE 5th" or "full fifth edition"). The Student Version provides foundational information, in-depth analysis, and practical suggestions on a wide array of legal issues faced by public and private institutions. The discussions draw upon pertinent court opinions, constitutional provisions, statutes, administrative regulations, and related developments. In order to enhance readability and keep the Student Version of manageable size, we have only occasionally included text or footnote citations to resources for further study and research, such as selected journal articles, books, and Web sites. We have, however, included a bibliography of such resources at the end of this book. In addition, we have created a convenient crosswalk from the various sections of the Student Version to the corresponding sections of the full fifth edition, which are chock full of text citations, footnotes, and annotated bibliographies (at the end of each chapter) that will be highly useful for any student or instructor seeking such resources. The crosswalk appears in the front matter of this book.
How the Student Version Was Developed
We have designed this special edition of LHE 5th for use in higher education law and higher education administration courses. Guided by our own experiences teaching courses and workshops in higher education law, and by the suggestions of teaching colleagues, we have selected the topics from the full fifth edition that we believe are of greatest importance and interest to students of higher education law and their instructors. We have given primary consideration to the significance of the topic for the development of higher education law and policy, the topic's currency or timelessness for administrators of colleges and universities, and its usefulness in illustrating particular legal problems or the appl