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| Notice to Instructors | |
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| Notice of Web Site and Periodic Supplements for the Student Version | |
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| Preface | |
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| Crosswalk for the Student Version and The Law of Higher Education, 4th Edition | |
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| Acknowledgments | |
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| The Authors | |
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| General Introduction: The Study of Higher Education Law | |
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| The Universe of Higher Education Law | |
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| The Governance of Higher Education | |
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| Sources of Higher Education Law | |
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| The Legal Relationships Within Institutions of Higher Education | |
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| The Law/Policy Distinction | |
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| The U.S. Legal System as It Relates to Higher Education Law | |
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| Perspectives and Foundations | |
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| Overview of Higher Education Law | |
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| How Far the Law Reaches and How Loud It Speaks | |
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| Evolution of Higher Education Law | |
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| The Governance of Higher Education | |
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| Basic concepts and distinctions | |
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| Internal governance | |
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| External governance | |
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| Sources of Higher Education Law | |
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| Overview | |
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| External sources of law | |
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| Federal and state constitutions | |
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| Statutes | |
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| Administrative rules and regulations | |
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| State common law | |
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| Foreign and international law | |
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| Internal sources of law | |
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| Institutional rules and regulations | |
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| Institutional contracts | |
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| Academic custom and usage | |
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| The role of case law | |
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| Researching case law | |
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| The Public-Private Dichotomy | |
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| Overview | |
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| The state action doctrine | |
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| Other bases for legal rights in private institutions | |
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| Religion and the Public-Private Dichotomy | |
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| Overview | |
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| Religious autonomy rights of religious institutions | |
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| Government support for religious institutions | |
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| Religious autonomy rights of individuals in public postsecondary institutions | |
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| The Relationship Between Law and Policy | |
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| Legal Planning and Dispute Resolution | |
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| Legal Liability | |
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| Overview | |
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| Types of liability | |
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| Agency law | |
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| Enforcement mechanisms | |
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| Remedies for legal violations | |
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| Avoiding legal liability | |
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| Treatment law and preventive law | |
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| Litigation in the Courts | |
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| Overview | |
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| Judicial (academic) deference | |
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| Managing litigation and the threat of litigation | |
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| Alternate Dispute Resolution | |
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| Overview | |
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| Types of ADR | |
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| Applications to colleges and universities | |
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| The College and Its Governing Board and Staff | |
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| The College's Authority and Liability | |
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| The Question of Authority | |
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| Overview | |
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| Trustee authority | |
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| Institutional Tort Liability | |
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| Overview | |
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| Negligence | |
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| Premises liability | |
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| Liability for injuries related to on-campus instruction | |
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| Liability for injuries in off-campus courses | |
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| Liability for cocurricular and social activities | |
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| Student suicide | |
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| Liability for injuries related to outreach programs | |
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| Educational malpractice | |
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| Institutional Contract Liability | |
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| Institutional Liability for Violating Federal Constitutional Rights (Section 1983 Liability) | |
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| The College and Its Employees | |
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| Overview of Employment Relationships | |
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| Employment Contracts | |
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| Defining the contract | |
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| The at-will doctrine | |
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| Collective Bargaining | |
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| Overview | |
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| The public-private dichotomy in collective bargaining | |
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| Collective bargaining and antidiscrimination laws | |
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| Personal Liability of Employees | |
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| Overview | |
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| Tort liability | |
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| Overview | |
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| Negligence | |
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| Contract liability | |
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| Constitutional liability (personal liability under Section 1983) | |
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| Qualified immunity | |
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| Issues on the merits: State-created dangers | |
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| Employment Discrimination | |
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| Overview: The interplay of statutes, regulations, and constitutional protections | |
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| Sources of law | |
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| Title VII | |
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| Equal Pay Act | |
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| Title IX | |
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| Section 1981 | |
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| Americans With Disabilities Act and Rehabilitation Act of 1973 | |
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| Age Discrimination in Employment Act | |
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| Constitutional prohibitions against employment discrimination | |
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| Executive Orders 11246 and 11375 | |
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| State law prohibitions on sexual orientation discrimination | |
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| Affirmative Action | |
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| Overview | |
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| Affirmative action under Title VII | |
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| Affirmative action under the equal protection clause | |
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| Application of Nondiscrimination Laws to Religious Institutions | |
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| The College and Its Faculty | |
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| Special Issues in Faculty Employment | |
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| Overview | |
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| Faculty Contracts | |
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| Overview | |
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| Academic custom and usage | |
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| Part-time faculty | |
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| Contracts in religious institutions | |
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| Faculty Collective Bargaining | |
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| Application of Nondiscrimination Laws to Faculty Employment Decisions | |
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| Overview | |
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| Judicial deference and remedies for tenure denial | |
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| Affirmative Action in Faculty Employment Decisions | |
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| Standards and Criteria for Faculty Personnel Decisions | |
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| General principles | |
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| Terminations of tenure for cause | |
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| Procedures for Faculty Employment Decisions | |
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| General principles | |
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| The public faculty member's right to constitutional due process | |
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| Nonrenewal of contracts | |
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| Denial of tenure | |
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| Termination of tenure | |
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| The private faculty member's procedural rights | |
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| Faculty Academic Freedom and Freedom of Expression | |
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| General Concepts and Principles | |
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| Faculty freedom of expression in general | |
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| Academic freedom: Basic concepts and distinctions | |
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| Professional versus legal concepts of academic freedom | |
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| The foundational constitutional law cases | |
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| External versus internal restraints on academic freedom | |
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| "Institutional" academic freedom | |
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| Academic Freedom in Teaching | |
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| In general | |
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| The classroom | |
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| Grading | |
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| Private institutions | |
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| Academic Freedom in Research and Publication | |
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| Academic Freedom in Religious Colleges and Universities | |
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| The College and Its Students | |
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| The Student/Institution Relationship | |
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| The Legal Status of Students | |
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| Overview | |
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| The age of majority | |
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| The contractual rights of students | |
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| Student academic freedom | |
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| Students' legal relationships with other students | |
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| Admissions | |
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| Basic legal requirements | |
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| Arbitrariness | |
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| The contract theory | |
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| The principle of nondiscrimination | |
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| Race | |
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| Sex | |
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| Disability | |
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| Immigration status | |
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| Affirmative action programs | |
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| Readmission | |
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| Financial Aid | |
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| General principles | |
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| Federal programs | |
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| Nondiscrimination | |
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| Affirmative action in financial aid programs | |
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| Student Housing | |
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| Housing regulations | |
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| Searches and seizures | |
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| Campus Computer Networks | |
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| Freedom of speech | |
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| Liability issues | |
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| Campus Security | |
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| Security officers | |
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| Protecting students against violent crime | |
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| Federal statues and campus security | |
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| Other Support Services | |
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| Overview | |
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| Services for students with disabilities | |
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| Services for international students | |
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| Rights and Responsibilities of Individual Students | |
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| Disciplinary and Grievance Systems | |
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| Overview | |
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| Establishment of systems | |
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| Codes of student conduct | |
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| Judicial systems | |
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| Disciplinary Rules and Regulations | |
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| Overview | |
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| Public institutions | |
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| Private institutions | |
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| Disciplining students with psychiatric illnesses | |
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| Grades, Credits, and Degrees | |
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| Overview | |
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| Awarding of grades and degrees | |
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| Sexual harassment of students by faculty members | |
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| Evaluating students with disabilities | |
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| Overview | |
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| The concept of disability | |
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| Notice and documentation of disabilities | |
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| Requests for programmatic or instructional accommodations | |
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| Procedures for Suspension, Dismissal, and Other Sanctions | |
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| Overview | |
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| Public institutions: Disciplinary sanctions | |
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| Notice | |
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| Hearing | |
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| Public institutions: Academic sanctions | |
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| Private institutions | |
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| Student Protests and Freedom of Speech | |
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| Student free speech in general | |
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| The "public forum" concept | |
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| Regulation of student protest | |
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| Prior approval of protest activities | |
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| Posters and leaflets | |
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| Protests in the classroom | |
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| Speech Codes and the Problem of Hate Speech | |
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| Hate speech and the campus | |
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| The case law on hate speech and speech codes | |
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| Guidelines for dealing with hate speech on campus | |
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| Student Files and Records | |
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| Family Educational Rights and Privacy Act (FERPA) | |
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| State law | |
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| Rights and Responsibilities of Student Organizations and Their Members | |
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| Student Organizations | |
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| The right to organize | |
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| The right not to join, or associate, or subsidize | |
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| Mandatory student activities fees | |
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| Principle of nondiscrimination | |
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| Religious activities | |
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| Fraternities and Sororities | |
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| Overview | |
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| Institutional recognition and regulation of fraternal organizations | |
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| Institutional liability for the acts of fraternal organizations | |
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| The Student Press | |
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| General principles | |
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| Mandatory student fee allocations to student publications | |
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| Permissible scope of institutional regulation | |
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| Obscenity | |
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| Libel | |
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| Obscenity and libel in private institutions | |
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| Athletics Teams and Clubs | |
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| General principles | |
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| Athletes' due process rights | |
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| Athletes' freedom of speech | |
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| Pertinent statutory law | |
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| Athletic scholarships | |
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| Sex discrimination | |
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| Discrimination on the basis of disability | |
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| Drug testing | |
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| Tort liability for athletic injuries | |
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| The College and the Outside World | |
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| The College and Government | |
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| Local Government Regulation | |
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| Overview of local government regulation | |
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| Trespass statutes and ordinances, and related campus regulations | |
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| State Government Regulation | |
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| Overview | |
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| State provision of public postsecondary education | |
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| State chartering and licensure of private postsecondary institutions | |
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| Federal Government Regulation | |
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| Overview of federal constitutional powers over education | |
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| Overview of federal regulation of postsecondary education | |
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| Regulation of intellectual properly | |
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| Copyright law | |
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| Federal Aid-to-Education Programs | |
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| Functions and history | |
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| Legal structure of federal aid programs | |
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| Civil Rights Compliance | |
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| General considerations | |
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| Title VI | |
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| Title IX | |
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| Section 504 | |
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| Coverage of unintentional discriminatory acts | |
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| The College and External Private Entities | |
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| Education Associations | |
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| Overview of the education associations | |
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| Accrediting agencies | |
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| Athletic associations and conferences | |
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| Business Partners | |
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| Research collaboration | |
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| The research agreement | |
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| Appendices | |
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| Constitution of the United States of America: Provisions of Particular Interest to Postsecondary Education | |
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| The American Court System | |
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| Reading and Analyzing Court Opinions | |
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| Glossary of Legal Terms | |
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| Bibliography | |
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| Statute Index | |
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| Case Index | |
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| Subject Index | |