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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 Conference At the University of North Texas In Denton, Texas March 24, 2014. Speakers. Lisa L. Kirkpatrick

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Current Legal Issues Pertaining to Private Universities Presented by Lisa L. Kirkpatrick, M.Ed.

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  1. Current Legal Issues Pertaining to Private Universities Presented by Lisa L. Kirkpatrick, M.Ed. & Andrew Hill, J.D. Eighteenth Annual Texas Higher Education Law Conference At the University of North Texas In Denton, Texas March 24, 2014

  2. 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

  3. Current Legal Issues Pertaining to Private Universities I. Welcome and Introductions II. Current Legal Issues Pertaining to Private Universities A. Public v. Private School Law: “Vive la difference!”

  4. Current Legal Issues Pertaining to Private Universities II. Current Legal Issues Pertaining to Private Universities 1. Key Concepts in The Great Divide a. Constitutional Rights v. Contract Rights b. Constitutional Due Process v. Fundamental Fairness 2. Blurring the Public v. Private School Line a. The Privatization of State Universities b. Private Universities as State Actors c. State Support for Private Schools 3. Compliance with Federal Legislation

  5. Current Legal Issues Pertaining to Private Universities II. Current Legal Issues Pertaining to Private Universities B. Legal Issues and Key Cases - Fischer, Lewis, Schuster Legal Issues Update 2013 Cases 1. Key Concepts: ADA a. 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 EXPRESSION a. 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

  6. Current Legal Issues Pertaining to Private Universities II. Current Legal Issues Pertaining to Private Universities B. Legal Issues and Key Cases - Fischer, Lewis, Schuster Legal Issues Update 2013 Cases 3. Key Concepts: DUTY, LIABILITY & RISK MANAGEMENT a. 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 & SEIZURE a. 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)

  7. Current Legal Issues Pertaining to Private Universities II. Current Legal Issues Pertaining to Private Universities B. Legal Issues and Key Cases - Fischer, Lewis, Schuster Legal Issues Update 2013 Cases 5. Key Concepts: TITLE IX & TITLE VII a.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

  8. Current Legal Issues Pertaining to Private Universities • Current Legal Issues Pertaining to Private Universities C. Case Studies from Student Affairs: The Dean’s Perspective • Strong Partnerships with Police, Counsel, and Staff ● Train Together ● Communicate Regularly ● Systems to Manage Conflict ● Access to One Another ● Develop Policies and Procedures Together

  9. Current Legal Issues Pertaining to Private Universities • Current Legal Issues Pertaining to Private Universities C. Case Studies from Student Affairs: The Dean’s Perspective 2. Mission Influenced Decision Making ● Care for the Person ● Value Based ● Community Oriented

  10. Current Legal Issues Pertaining to Private Universities • Current Legal Issues Pertaining to Private Universities C. Case Studies from Student Affairs: The Dean’s Perspective 3. Strong Code of Conduct ● Well Articulated and Communicated ● Periodic Reviews ● Reflects Values of the Institution ● Knowledgeable Legal Counsel

  11. Current Legal Issues Pertaining to Private Universities • Current Legal Issues Pertaining to Private Universities C. Case Studies from Student Affairs: The Dean’s Perspective 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

  12. Current Legal Issues Pertaining to Private Universities • Current Legal Issues Pertaining to Private Universities C. Case Studies from Student Affairs: The Dean’s Perspective 1. The Role of Student Affairs Professionals: Applying the Theory 2. Stories from the Frontline ● The St. Edward’s University Experience

  13. Questions?

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