This paper reviews the application of the Fourth Amendment, which protects persons against unreasonable search and seizure, as it applies to the student-college relationship. The topics discussed in terms of federal and state court decisions include warrantless searches, delegation of authority to conduct searches, notice of identity and purpose…

Reviews court decisions concerning search and seizure, intervisitation between sexes, canvassing and solicitation, and damage assessments. College administrators must rely on fairness, ethics and sound educational philosophies in the design of policies affecting residence halls. (JAC)

The legal rights of college students have changed substantially over the years, particularly during the 20th century. This paper provides a historical sketch of student rights, including a listing of significant events and cases, from the founding of Harvard College in 1636 to the bicentennial of the Constitution and the 50th anniversary of the…

Focuses on the last 15 years of privacy cases involving students. The cases examined cover the areas of searches, the family relationship, personal autonomy/appearance, and information privacy. (IRT)

Examines 15 cases dealing with dormitory searches covering a 31-year period to determine how the Fourth Amendment applies to dormitory searches. The prevailing consensus is that if a university says and thinks it has the right to conduct a search of a room for health, safety, and maintenance reasons, then, in most circumstances, it has this right.…

The National Collegiate Athletic Association (NCAA) drug-testing program affects thousands of collegiate athletes. This article examines the web of testing procedures and raises questions about the legitimate interest of the program; focuses on federal and state constitutional limitations; and suggests some ways to correct operating procedures.…

Examines the National Collegiate Athletic Association's drug testing program of student-athletes and relevant legal decisions. Concludes that each individual urinalysis search, not based on suspicion, is a violation of the student-athlete's privacy and is an unreasonable search in violation of the Fourth Amendment. (100 references) (MLF)

The current case law that impacts search and seizure decision making is presented as it is interpreted in matters of policy and procedure in university-owned housing. Implications for the practice of student affairs are discussed as they affect a university's ability both to provide an academic environment and to protect the rights of residents as…

This paper discusses the proper way to conduct official government investigations on college campuses within the framework of the Fourth Amendment to the United States Constitution which protects against unreasonable searches and seizures. The article emphasizes that this amendment lays the groundwork for the limitations on the exercise of…

Reports on court decisions regarding a 1971 police search of the Stanford University student newspaper office, which culminated in a 1978 Supreme Court ruling in favor of the police; tells the reactions of journalists and legislators to the decision. (GT)

Presents issues regarding search and seizure in residence halls and suggests some policies that may be used until the law is clarified. Examples include use of a search warrant for routine safety inspection, in emergencies, when students give permission, or when evidence is in plain view. (JAC)

Traditionally, the public schools have been primarily within the domain of local administrators; however, over the past two decades, the courts have become involved more and more in decisions that affect daily operational procedures of the schools. The purpose of this paper is to examine current issues in educational law, including suspension,…

This is a collection of the major papers presented at the National Organization on Legal Problems of Education annual convention. The papers reflect the diversity and complexity of the legal issues that affect schools. Major articles include "Legal Literacy and Teacher Education," by Louis Fischer and David Schimmel; "School Finance Reform in a…

This book contains a collection of 18 papers presented at the 1975 annual convention of the National Organization on Legal Problems of Education. All of the papers are organized around the topic of "Legal Problems in the Governance of Education." Titles of the individual papers include "Legal Issues in the Governance of American Education,""Points…

Court cases involving the relationship between institutions of higher education and their students during 1980 are discussed in this sixth and final chapter. A number of cases concerned constitutional issues such as rights of expression, due process, and association; separation of church and state; and freedom from undue search and seizure. Also…