Law Commons^™

General Report Of The Committee On Academic Freedom And Academic Tenure

Indiana Law Journal

The safeguarding of a proper measure of academic freedom in American universities requires both a clear understanding of the principles which bear upon the matter, and the adoption by the universities of such arrangements and regulations as may effectually prevent any infringement of that freedom and deprive of plausibility all charges of such infringement. This report is therefore divided into two parts, the first constituting a general declaration of principles relating to academic freedom, the second presenting a group of practical proposals, the adoption of which is deemed necessary in order to place the rules and procedure of the American …

Use Of Preponderance Of Evidence In Campus Adjudication Of Sexual Misconduct, Elizabeth Sommer

All NMU Master's Theses

How higher education institutions (HEI) handled sexual misconduct cases matters. It matters for survivors, accused, administrators, parents, HEI leaders, regulatory bodies (such as the Office for Civil Rights), and the general public. The 2011 Dear Colleague Letter published by the Department of Education’s Office for Civil Rights mandated the use of preponderance of evidence in all sexual misconduct cases (Ali, 2011). The change to utilize a low burden of proof, preponderance of evidence, was and is controversial. Despite a large literature base of legal opinions on the use of preponderance of evidence in the campus adjudication process, there are few …

Reporting And Protecting Students From Child Abuse, Charles J. Russo

Educational Leadership Faculty Publications

A tragic reality of American life is that a significant number of children are abused and neglected, even killed, by the hands of their parents and caregivers. In fact, 2013 data from the Centers for Disease Control and Prevention reveal that 678,932 incidents of child abuse and neglect were reported to Child Protective Services (CPS) nationally, with about 27% of those cases involving youngsters under the age of three (CDC 2015).

Moreover, the CDC noted that the CPS data suggest that their reports may underestimate the occurrences of child abuse and neglect. That same report estimates that about 1,520 children …

The Importance Of Understanding School Law, Charles J. Russo

Educational Leadership Faculty Publications

In an increasingly litigious society wherein parents and their children file a broad spectrum of claims against school systems, it is essential that education leaders have at a minimum a basic understanding of school law.

Before 1954, the Supreme Court addressed only a handful of cases involving K–12 schools and higher education. Brown v. Board of Education of Topeka (1954), perhaps the Supreme Court’s most important education-related decision, ushered in an era of equal educational opportunities and key legislations, such as the Elementary and Secondary Education Act of 1965, now the No Child Left Behind Act (2002); Title IX of …

Selecting Instructional Materials, Charles J. Russo

Educational Leadership Faculty Publications

A recent dispute from Columbus, Ohio, that made some national headlines dramatically illustrates what can happen to teachers who fail to preview materials and consequently show inappropriate films or use other media unsuited for student instruction.

The outcome of that case was more dramatic and unusual than in similar cases. Even so, this incident demonstrates that educators in K–12 schools can lose their jobs if they fail to use their discretion and comply with board policies in selecting appropriate materials and subjects for their classes and previewing materials before using them in instructional settings.

An Update On Student Equal Access, Charles J. Russo

Educational Leadership Faculty Publications

In Board of Education of Westside Community Schools v. Mergens (1990), the Supreme Court upheld the Equal Access Act (EAA), a federal law enacted to permit student-organized groups to meet during noninstructional time.

The EAA traces its origins to Widmar v. Vincent (1981). At issue in Widmar was a policy whereby officials at a state university in Missouri made campus facilities generally available to student groups for their activities. Treating religion as a form of free speech, the Supreme Court ruled that insofar as officials allowed more than 100 student groups to use campus facilities, they created a forum for …

Nazarene Universities: Effective Boards And The Church-School Relationship, Daniel D. Rexroth

Ed.D. Dissertations

While the world of higher education is rapidly changing, the trustee selection process and resultant board composition in Nazarene liberal arts schools has remained largely the same for the past 60 years. Trustee selection has been primarily a function of the church, disconnected often times from the needs of the schools. This study examined trustee effectiveness in Nazarene liberal arts higher education, as well as the church-school relationship. Trustees at three schools and top administrators at all eight Nazarene institutions were surveyed to identify gaps in trustee competency and also to assess the church-school relationship. Of the 139 trustees in …

Teachers' Perceptions Of Their Ability To Respond To Active Shooter Incidents, Carole Frances Rider

Dissertations

The purpose of this research study was to determine Mississippi high school teachers’ perceptions regarding their preparedness for an active shooter incident. The study included an extensive literature review that included background and policy context, theoretical foundations, pertinent research and professional perspectives and a worldwide timeline of school shootings. The study also included data collection and analysis, results, conclusions, recommendations for policymakers and educational leaders, and recommendations for further research.

The study was conducted to determine if there was a relationship between school planning procedures, participation in practice and drill activity, and administrator preparedness for an active shooter incident and …

A Primer On Federal Statutes Affecting Education, Charles J. Russo

Educational Leadership Faculty Publications

Before the Supreme Court’s monumental decision banning racial segregation in schooling in Brown v. Board of Education (1954), the federal government had little direct involvement in national education policy. Subsequently, the federal government has assumed a major role in setting national education policy.

The federal government’s first post- Brown major legislative enactment, in 1958, was the adoption of the National Defense Education Act (NDEA). Enacted largely in response to the Soviet Union’s launching of Sputnik 1, the NDEA, made federal funds available to education institutions to focus on areas considered critical to national defense, such as mathematics, science, and foreign …

Exploring Daca Recipients' Access To Higher Education In Connecticut, Chloe V. Shiras

Senior Theses and Projects

Deferred Action for Childhood Arrival (DACA) recipients represent a new and somewhat unexplored population within the undocumented immigrant community. Having only been introduced three years ago, they live within a state of liminality, legally present in the United States for the first time but with the understanding that it can be stripped from them without a moments warning. DACA is an executive order announced by Obama in 2012, which stated that certain DREAMers (young undocumented immigrants who had been brought to the United States by their parents at a young age) would receive temporary relief from deportation, a work permit, …

Survival Analysis: Timelines To English Language Proficiency At The Secondary School Level, Elisha W. Beardsley

Graduate Theses, Dissertations, and Capstones

The ELL population in the United States continues to increase. Research suggests that the English language proficiency growth rates for numerous ELL students are strongly correlated with their English language proficiency levels (Cook & Zhao, 2011; Conger, 2008). The results of Conger’s 2008 study suggested that just over fifty percent of students gained English language proficiency after three years. According to the same study, the students that did not typically gain English language proficiency were students who entered public schools older and with a lower English language proficiency level. The current study examines the likelihood of high school ELLs in …

"Friending" Students On Social Media, Charles J. Russo

Educational Leadership Faculty Publications

The use of social media, particularly services such as Facebook and Twitter, has grown exponentially in recent years. Yet to date, relatively little litigation has arisen around the issue of teachers and other educators engaging in questionable or inappropriate use of social media when communicating with students. Even so, parental complaints do arise when teachers share inappropriate communications with students through social media. Consequently, as social networking continues to increase, school business officials and other education leaders should devise policies to help deal with this growing trend.

Given the widespread use of social media, this column examines emerging legal questions …

“Fire Away”: I Have No Right To Not Be Insulted, David Barnhizer

David Barnhizer

In theory, universities are the institutions that are responsible for advancing our freedom of thought and discourse through the work of independent scholars and the teaching of each generation of students. But for several decades, universities and other educational institutions have increasingly set up rules aimed at protecting individuals and groups from criticism that those newly empowered individuals and groups consider insensitive, offensive, harassing, intolerant and disrespectful, or critical of their core belief systems. Even though it has been claimed that disadvantaged interest groups have a right to use one-sided tactics of intolerance against those they consider to be responsible …

Re-Engaging Youth With The Protective Power Of Education, Daniel T. Satterberg, Violetta A. Stringer, Carla C. Lee

Seattle Journal for Social Justice

No abstract provided.

A Case Study On Ethical Decision Making By Legislative Leaders And Their Motion To Approve The North Carolina Charter School Bill Of 2011, Moses Fox Iii

Dissertations

The purpose of this study was to explore the role that equity and ethics played in decision making by examining the perspectives of elected leaders in a case where members of the North Carolina legislature decided to lift the cap on charter schools by enacting the 2011 North Carolina Charter School Bill. The analysis was based on triangulated qualitative data from historical documents, written documents from the state’s legislative library, and interviews from consenting legislative leaders of North Carolina. The researcher used Colaizzi’s (1978) phenomenological data analysis protocol to explore and understand the participants’ lived experiences. Finally, a pattern matching …