Law Commons^™

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 …

Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman

Dissertations

What is the historical connection between deinstitutionalization and the Olmstead decision? The purpose of this study was to examine and analyze policy within a historical perspective the connections between institutional care, deinstitutionalization, the Olmstead decision, and the effect on persons with intellectual disabilities lived experience, in the state of Illinois.

The data collected include, the transcripts of interviews with four participants, artifacts from policy documents and historical papers accessed from the Disability Museum online journals. The creation of a table for use in coding themes as associated with 5 (out of 18) core concepts for disability policy.

The Olmstead decision …

Talking Back, With Reawakened Voices: Analyzing The Potential For Indigenous California Languages Coursework At California Polytechnic State University, Logan Cooper

Ethnic Studies

The legacy of colonialism in the United States, including genocidal practices and cultural assimilation, has left Indigenous languages endangered. Native peoples, scholars, and activists have been working to revive and heal the languages of America’s first peoples, and the cultures those languages speak to, yet more work remains in the field of language revitalization. California Polytechnic State University, San Luis Obispo currently does not offer any course specifically teaching or discussing Indigenous languages, even those of the Chumash people who know the San Luis Obispo area as their ancestral homelands.

By synthesizing revitalization and Indigenous activist literature with the narratives …

El Camino Hacia El Extranjero, Lupita M. Murillo

World Languages and Cultures

This project focuses on capturing the life of two Mexican individuals who later encountered in the United States. The intent of this senior project is to interview my mother and father to see through their eyes the life they had in Mexico, their motivation to cross the border, the difficulties of crossing the border and assimilating to the new culture. These interviews will be a basis for this novel so that the reader can see how the American Dream came with struggle and pain. Each chapter will close at a common point in both character’s life so that the reader …

Promoting Completion Of Advance Directives In A Hispanic Religious Congregation: An Evidence-Based Practice Project, Luis Daniel San Miguel, Mary Jo Clark

Doctor of Nursing Practice Final Manuscripts

Background: Hispanics utilize more aggressive medical treatment at the end of life and are less likely to receive end-of-life care consistent with their wishes than nonHispanic Whites. Hispanics are less likely than nonHispanic Whites to have an advance directive (AD). Increasing AD completion among Hispanics can promote end-of-life care consistent with their wishes, diminish healthcare disparities, and eliminate unnecessary healthcare spending. Objectives: To promote completion of advance directives by increasing knowledge, positive attitudes, and comfort with advance care planning (ACP) among Hispanics through culturally sensitive interventions. Intervention: The project was conducted in Spanish and implemented among a …

Common Core State Standards: Analysis And Policy Proposal, Savannah Rae Dabney

Chancellor’s Honors Program Projects

No abstract provided.

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 …

Common Core Conversations In Ct: Analyzing Public Testimonies, Richelle Benjamin

Senior Theses and Projects

The Common Core State Standards (CCSS) is an effort to minimize the learning gap between high- and low-achieving students in the United States by providing a set of standards all students must meet by the end of each grade level. Although 43 states have adopted the CCSS, there are varied opinions on whether this new reform will create positive change within America’s school systems. This research examined the opinions of citizens in Connecticut by analyzing written testimonies from a public hearing that took place in Hartford on March 12, 2014. The results show that two main groups expressed support of …

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 …

Technology And Legal Research: What Is Taught And What Is Used In The Practice Of Law, Rebecca Sewanee Trammell

CCE Theses and Dissertations

Law schools are criticized for graduating students who lack the skills necessary to practice law. Legal research is a foundational ability necessary to support lawyering competency. The American Bar Association (ABA) establishes standards for legal education that include a requirement that each law student receive substantial instruction in legal skills, including legal research. Despite the recognized importance of legal research in legal education, there is no consensus of what to teach as part of a legal research course or even how to teach such a course.

Legal educators struggle to address these issues. The practicing bar and judiciary have expressed …

The Lived Experiences Of Limited English Proficiency, Spanish-Speaking Male Ex-Offenders, Paula Nery Sanchez

Walden Dissertations and Doctoral Studies

The purpose of this phenomenological study was to explore the lived experiences of Spanish-speaking men in the United States with limited English proficiency following their release from prison. The study specifically examined the experiences of these men in their efforts to access health care treatment, housing, education, and employment in Central Pennsylvania. An empirical, phenomenological research design was employed that used self-stigma, critical race, and self-determination theories for in-depth interviews with 8 men who spent 5 to 24 years in prison. A tiered coding method was used to generate 6 interconnected themes that tell the story of these men's lives: …

Latina/O High School Students' Standpoint On Environmental Justice In A Border Community: A Phenomenological Study, Cynthia Christina Ontiveros

Open Access Theses & Dissertations

This qualitative research is a transcendental phenomenology seeking to understand Latin@ high school students’ perceptions and standpoints as they participated lessons that addressed border environmental justice issues in an underrepresented, marginalized community. Seven students from Borderland High School, enrolled in a senior level course, Environmental Science, participated in the study which focused on their experiences in an environmental justice air quality thematic unit built around the complex issues surrounding a local refinery, American Smelting and Refining Company (ASARCO). The study analyzed the meaning students made and their standpoints regarding the impact of the factory and its one-hundred year history polluting …

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 …

Bill 13 (The Accepting Schools Act): Ontario Legislation Mandating Support For Lgbt Students In Publicly-Funded Schools, Renato M. Liboro Jr.

Theses and Dissertations (Comprehensive)

Twenty-six key stakeholders from schools in Waterloo Region, Ontario, participated in semi-structured, open-ended interviews for this dissertation. They included students, teachers, school board representatives in administrator and superintendent roles, trustees, and community service providers. This study explored the experiences of lesbian, gay, bisexual, and transgender (LGBT) youth in publicly-funded schools, the effect of those experiences on their mental health and well-being, and the success of strategies, programs, and policies implemented by schools to address LGBT youth issues. It also examined the perspectives of participants on Bill 13, Ontario’s Accepting Schools Act, particularly strengths and weaknesses of the bill in terms …

School-Based Supports For Trans Youth In Ontario, Charlie E. C. Davis

Theses and Dissertations (Comprehensive)

Trans youth are some of the most marginalized youths in schools. In 2012, the Ontario Government passed two legislations, one of which was the Accepting Schools Act, strengthening supports for lesbian, gay, bisexual, transgender, or questioning (LGBTQ) students in schools. The other was Toby’s Act, an amendment to the Ontario Human Rights Code including protection from discrimination on the grounds of gender identity and gender expression. The purpose of this thesis is to examine how these two acts have created a political context supporting trans youth in schools. A comprehensive mixed-methods approach was used to examine provincial trends of trans-specific …

The Landwarnet School, The Army Learning Model, And Appreciative Inquiry: How Is A Centralized Training Organization Improved By Introducing Decentralization?, Lisa Jayne Stamper

Electronic Theses and Dissertations

This exploratory, qualitative case study describes how a centralized training organization (LandWarNet School) was improved by introducing decentralization (Army Learning Model) toward “the best competitive position” or "sweet spot," defined by Brafman and Beckstrom (2006) as “enough decentralization for creativity, but sufficient structure and controls to ensure consistency” (pp. 189, 191). Any presence of the six chaordic elements of a decentralized organization, as described by Hock (1999), was also considered.

LandWarNet School (LWNS) trains approximately 6000 US Army Soldiers annually and is centrally organized. The new Army Learning Model (ALM) is a vision for a more decentralized training approach where …