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Higher Education Law Fundamentals

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Academic Freedom

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The concept that scholars in higher education have the right to follow their research and teaching interests without undue interference. Example: A professor choosing the contents of their course syllabus without fear of institutional reprimand.

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Higher Education Compliance

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The process by which higher education institutions ensure that they are aware of and take steps to comply with relevant laws, regulations, and institutional policies. Example: A university conducting regular training on FERPA regulations for staff.

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Disparate Impact in Education

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A legal doctrine under the Title VII of the Civil Rights Act that refers to policies that affect one group of people more harshly than another, even if the policies are neutral on their face. Example: A university's admissions test that unintentionally disadvantages minority applicants.

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Clery Act

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A federal statute requiring colleges and universities participating in federal financial aid programs to maintain and disclose campus crime statistics and security information. Example: An annual security report published by a university.

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Student Privacy and Social Media

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The application of privacy laws to protect students from unauthorized sharing of their personal information on social media platforms. Example: A university disciplining a student for posting another student's personal information without consent.

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Tenure Rights

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The right of a professor or teacher to have permanent employment status preventing them from being fired without cause. Example: A tenure-track professor earning tenure after a probationary period, securing their position.

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Gender Equity in Sports

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Provisions ensuring that both male and female sports programs receive equitable treatment and resources. Example: A university's athletic department providing equal funding to men's and women's sports teams.

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Campus Sexual Assault and Title IX Compliance

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Ensuring university procedures and policies are consistent with Title IX regulations regarding sexual harassment and assault. Example: A university responding appropriately to a report of sexual assault in compliance with Title IX.

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Equal Protection Clause

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Part of the Fourteenth Amendment to the United States Constitution that provides no state shall deny any person within its jurisdiction the equal protection of the laws. Example: Admissions policies that do not discriminate on the basis of race, gender, or other characteristics.

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Student Loan Legal Issues

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Legal matters surrounding the borrowing, repaying, and collection of student loans. Example: A university providing accurate and transparent information regarding loan obligations and rights.

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Drug and Alcohol Policies in Higher Education

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Policies that regulate the possession, use, and distribution of drugs and alcohol on campus in compliance with federal and state laws. Example: A university enforcing a drug-free campus policy in accordance with the Drug-Free Schools and Communities Act Amendments of 1989.

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Environmental Law and Campus Sustainability

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The application of environmental laws and policies to the operations and management of higher education institutions. Example: A university implementing a green building policy to comply with state and federal environmental regulations.

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Immigration and International Students

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The laws and policies that affect international students' ability to study in the United States, including visa requirements and compliance. Example: A university providing assistance with F-1 visa applications for its international students.

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Conduct Codes and Disciplinary Procedures

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Written policies outlining acceptable and unacceptable conduct for students, as well as procedures in case of infractions. Example: A university's code of conduct detailing the disciplinary process for academic dishonesty.

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Student Consumer Protection

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Laws and regulations that protect the rights of students as consumers of educational services. Example: A university adhering to truth-in-advertising standards regarding the educational outcomes of its programs.

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Risk Management in Higher Education

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The process of identifying, assessing, and mitigating risks that could negatively impact the institution's operations. Example: A university creating an emergency response plan to deal with potential natural disasters on campus.

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FERPA (Family Educational Rights and Privacy Act)

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A federal law that protects the privacy of student education records. Example: A university cannot disclose a student's grades without their consent.

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Hazing Law

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Laws addressing the prevention, enforcement, and prosecution of hazing activities in educational institutions. Example: A university implementing anti-hazing policies to protect students from dangerous initiation rituals.

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Title IX

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A federal law that prohibits sex discrimination in any education program or activity receiving federal financial assistance. Example: A university providing equal sports facilities for both male and female athletes.

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Digital Accessibility in Higher Education

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Ensuring that all students, including those with disabilities, have equal access to digital resources and coursework. Example: A university adapting its online learning platform to be usable by students with visual impairments.

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Collective Bargaining in Higher Education

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The practice of negotiating the terms of employment between an employer and a group of workers. Example: A faculty union at a university negotiating better salaries and working conditions.

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Student Participation in Governance

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The inclusion of students in the decision-making processes of higher education institutions. Example: Student representatives serving on university committees that focus on policy and curriculum development.

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Free Speech on Campus

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The right for students and faculty at a public university to engage in expressive activities protected under the First Amendment. Example: A student protest on a public university campus.

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Intellectual Property Rights in Higher Education

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Legal rights that result from intellectual activity in the industrial, scientific, literary, and artistic fields. Example: A university owns the patent to a research discovery made by one of its professors.

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Religious Accommodation in Higher Education

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The requirement for colleges and universities to make reasonable accommodation for the religious practices of students and employees. Example: A university allowing a student to reschedule an exam that conflicts with a religious holiday.

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Due Process in Higher Education

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The legal requirement that the state must respect all legal rights that are owed to a person. Example: A student facing disciplinary action at a university has the right to a fair hearing.

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ADA (Americans with Disabilities Act)

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A civil rights law that prohibits discrimination based on disability. Example: A university providing accommodations for a student with a disability, like extended test time.

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Affirmative Action

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A set of policies and practices within a government or organization seeking to include particular groups based on their gender, race, sexuality, creed or nationality in areas in which they are underrepresented such as education and employment. Example: A university's admissions policy favoring underrepresented minorities.

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Educational Negligence

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A claim made against an educational institution for failing to provide the required standard of care to its students. Example: A student suing a university for the inadequacy of instruction that directly resulted in the student's failure to acquire basic skills.

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