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Homework answers / question archive / Respond to your classmates introduction or some of the legal issues they raise in their discussion
Respond to your classmates introduction or some of the legal issues they raise in their discussion.
Respond 2 classmates discussion
below is 2 classmates discussions and the discussion you did for this assignment
speak in first person. Speak as you are talking to each classmate directly
Tiffany Discussion:
Hi everyone!
My name is Tiffany, and I live in Fall River, MA. For the past ten years, I have worked at a local community college in a clerical capacity. I have worked for the offices of Career Services, Dual Enrollment, Veteran Affairs, and most currently the Testing Center. Working for these various offices, it is critical that I follow both internal and external governances. For example, when a student is over the age of 18, I must comply with FERPA regulations. This means I cannot give any information to the student’s parents or guardians without written consent from the student. Violation of FERPA could result in job loss, and the “Secretary of the Department of Education may withhold payments to the school under any applicable federal program, issue a complaint to compel compliance through a cease-and-desist order, or terminate the school’s eligibility to receive federal funding” (“Family Educational Rights and Privacy Act,” n.d.). Therefore, it is critical that I abide by this federal law.
During the nineteenth and twentieth centuries, “there were few legal requirements relating to the educational administrator’s functions, and they were not a major factor in most administrative decisions” (Kaplin & Lee, 2009). Higher education institutions once had full control over the rules and regulations they implemented, and students had to abide by these rules set forth, or else face dismissal from the institution. Today, both federal and state governments are very much involved in higher education. The institutions must abide by the civil rights movements, which protect the rights of the student. As federal and state governments provide institutions with funding, they must adhere to rules and regulations set forth by them, which has caused and increase in legal issues within higher education.
Two examples of student affairs issues that were dismissed in court were the Shapiro v. Columbia Union Nation Bank and Trust Co. and the Leeds v. Meltz Case. In the Shapiro v. Columbia Union Nation Bank and Trust Co., a student tried to sue the University of Missouri and The Columbia Union National Bank and Trust Co. as the fund “stipulated that all scholarship recipients be male” (Kaplin & Lee, 2009). She stated she was solely ineligible because she was female. However, the case was dismissed because the donor was private and it was not relevant to state action. While the institution cannot discriminate based on gender, the private donor can dictate in their description the population that the scholarship goes to. In this case, the institution did not violate any internal or external laws. In the case of Leeds v. Meltz, a graduate student attempted to sue the University of New York (CUNY) School of Law for the student editors rejecting his advertisement. He stated “rejection of his advertisement violated his free speech rights” (Kaplin & Lee, 2009). However, the state determined no state action was needed, as the institution has no control over what the student paper publishes. While in this case the institution was not in regulatory defiance, in other cases however, this could pose a problem for the institution if a student publishes something unacceptable.
References
Kaplin, W. A., & Lee, B. A. (2009). A Legal Guide for Student Affairs Professionals. Hoboken, NJ: John Wiley & Sons.
Family Educational Rights and Privacy Act (FERPA). (n.d.). Retrieved June 24, 2020, from https://epic.org/privacy/student/ferpa/
Ross Discussion:
Hello everyone, my name is Ross Merel, I am currently not working in higher education, I am operating my family transportation and logistics company. I previously worked at the local community college while I was a student as a staff member in the pilot program of the Transfer Center, where I co-administered the program that helps 2-year college students transfer to 4-year institutions. While in this role I worked with the state board of higher education to establish articulation agreements with the 39 community college districts in the state and with public and private 4-year institutions within the state of Illinois, Indiana, Wisconsin and Iowa. This role provided me with significant insight on how community colleges and universities work together and unfortunately sometimes against each other. I am also involved with Phi Theta Kappa, the international honors society of the 2-year and community colleges as an alumni and serve on committees to help student members develop their leadership, scholarship, fellowship and service skills and providing direction to them for transfer opportunities to 4-year institutions.
Eisenstein, L. (2020). Top 10 Legal Issues for Higher Education Boards. Retrieved from https://www.boardeffect.com/blog/top-10-legal-issues-higher-education-boards/
