current legal issues pertaining to private universities presented by lisa l. kirkpatrick, m.ed....

Current Legal Issues Pertaining to Private Universities

Presented by

Lisa L. Kirkpatrick, M.Ed.& Andrew Hill, J.D.

Eighteenth Annual Texas Higher Education Law ConferenceAt the University of North Texas

In Denton, Texas

March 24, 2014

Speakers

• Lisa L. Kirkpatrick• Associate VP for Student Affairs

& Dean of Students• St. Edward's University• Austin, Texas

• Andrew J. Hill• Assistant Professor• St. Philip’s College• San Antonio, Texas


I. Welcome and Introductions

II. Current Legal Issues Pertaining to Private Universities

A. Public v. Private School Law:

“Vive la difference!”



1. Key Concepts in The Great Dividea. Constitutional Rights v. Contract Rights

b. Constitutional Due Process v. Fundamental Fairness

2. Blurring the Public v. Private School Linea. The Privatization of State Universities

b. Private Universities as State Actors

c. State Support for Private Schools

3. Compliance with Federal Legislation



B. Legal Issues and Key Cases - Fischer, Lewis, Schuster

Legal Issues Update 2013 Cases

1. Key Concepts: ADAa. Lipton v. NYU College of Dentistry, U.S. Ct. of Appeals, 2nd Cir (January 3, 2013)

b. Argenyi v. Creighton University, U.S. Ct. of Appeals, 8th Cir. (January 15, 2013)

c. Maples v. UTMB at Galveston, U.S. Ct. of Appeals, 5th Cir. (April 26, 2013).

d. Stebbins v. University of Arkansas, US Dist. Ct., W.D. Arkansas (December 28, 2013)

2. Key Concepts: FREEDOM OF EXPRESSIONa. Corlett v. Oakland U. Board of Trustees, U.S. Dist. Ct., E. Dist. Michigan, (July 23, 2013)

b. McGlone v. Cheek, U.S. Ct. of Appeals for the 6th Cir, 2013 WL 3957746, (August 2, 2013)

c. Educ. Media Co. at Virginia Tech, Inc. v. Insley, U.S. Ct. of Appeals, 4th Cir, 2013 WL 5345772, September 25, 2013





3. Key Concepts: DUTY, LIABILITY & RISK MANAGEMENTa. Lees v. Carthage College, 2013 WL 1590038 (7th Cir. 4/16/13) b.

James v. Duquesne University, 2013 WL 1327217 (W.D. Pa. 3/30/13)

c. King v. Cornell University, 2013 WL 4404930 (NY Sup. Ct. 8/6/13)

4. Key Concepts: 4th AMENDMENT/SEARCH & SEIZUREa. Barrett v. Claycomb, U.S. Dist. Ct., W.D. Mo. ( Sept., 13, 2013).

b. Franks v. Temple University, et al, No. 12-1346 (3d. Cir. 2/20/13).

c. Medlock v. Trustees of Indiana University, et al., U.S. Ct. of Appeals, 7th Cir., (December 30, 2013)





5. Key Concepts: TITLE IX & TITLE VIIa. Rouse v. Duke University, 2013 WL 3828308 (4th Cir. 7/25/13)

b. Bleiler v. College of the Holy Cross, 2013 U.S. Dist. Lexis 127775, US Dist. Ct., Dist. Of MA (8/26/13)

c. Weatherly v. Alabama State University, U.S. Ct. of Appeals, 11th Cir. (Sept. 3, 2013)

• We think Title IX is the most important current

issue for higher education administrators today



C. Case Studies from Student Affairs: The Dean’s Perspective

1. Strong Partnerships with Police, Counsel, and Staff

● Train Together

● Communicate Regularly

● Systems to Manage Conflict

● Access to One Another

● Develop Policies and Procedures Together




2. Mission Influenced Decision Making

● Care for the Person

● Value Based

● Community Oriented




3. Strong Code of Conduct

● Well Articulated and Communicated

● Periodic Reviews

● Reflects Values of the Institution

● Knowledgeable Legal Counsel




4. Clear and Frequent Student Communication

● Share Policies with Incoming Students and Families

● Ensure All Students are Exposed to the Code and Can Find It

● Help Students Connect Expectations and Policies

to Personal and University Values

● Engrain Responsibility to Community as Well as Self




1. The Role of Student Affairs Professionals:

Applying the Theory

2. Stories from the Frontline

● The St. Edward’s University Experience

Questions?

current legal issues pertaining to private universities presented by lisa l. kirkpatrick, m.ed....

Documents

schuster legal issues

texascurrent legal issues

private universitiesii

private universitiesb

private universitiesa

private universities1

private schools3

key concepts