Notes the contradiction between the growing body of academic research in gay and lesbian studies and the fact that gay and lesbian faculty members remain second-class citizens in academe as well as in American political culture. Examines such issues as political activism and academic study; discrimination in the workplace; domestic partner…

School administrators are challenged to maintain the delicate balance between protecting individuals' rights and ensuring the general welfare by maintaining a safe, secure learning environment. Legal principles and precedents governing restrictions on student appearance, privacy and procedural rights, harassment and hate crimes, and suicide are…

To reduce liability risks, there are no substitutes for knowing law and policies, consulting with an attorney beforehand, providing adequate staff training, and documenting efforts. School law hot spots include negligence, religion, discipline policies, sexual harassment, magnet school diversity policies, and high-stakes testing. (MLH)

This article defines psychological abuse of students in school settings and describes legal aspects of the problem, particularly with respect to possible action in negligence. The following four categories of psychological abuse are examined: verbal abuse, refusal to communicate, physical acts (and sexual abuse) that cause psychological damage,…

The following are outlines presented by individuals at the Education Law Association 2001 winter seminar: "Academic Freedom and the Religiously Affiliated University" (the freedom to teach, research, and publish has never been--and still is not--without limits); "How Random and Suspicionless May School Searches Be" (random and suspicionless drug…

Explains how courts have interpreted sexual harassment to constitute sexual discrimination under Title IX, how the "deliberate indifference" standard may be applied to sexual harassment cases, how courts disagree on school liability for student-to-student harassment, and that school personnel are now being sued for damages. Provides…

Schools are legally obligated to protect students from injury, report child abuse, and curtail harassment and hate crimes. Educators' duties to maintain safe school environments often conflict with students' constitutionally protected rights governing expression, appearance, unreasonable searches, and due process regarding zero-tolerance policies…

This book discusses many of the problems faced by higher education institutions in addressing sexual harassment on campus. It is an attempt to help institutions involved in the process of reexamining and revising their policies and procedures that deal with sexual harassment. The 19 chapters, each written by a nationally recognized scholar,…

This book contains the following 14 articles on the effects of law on women in the United States: "Protection of Women Workers and the Courts: A Legal Case History" (Ann Corinne Hill); "Sexual Harassment and Race: A Legal Analysis of Discrimination" (Judy Trent Ellis); "Comparable Worth: Is This a Theory for Black Workers?" (Judy Scales-Trent);…

This book is intended to help school leaders achieve a workable balance that allows schools to take advantage of the educational and administrative benefits of digital technologies while protecting the district from disruptive and expensive litigation. Chapter 1, "Student Learning and the Law of School Technology," focuses on developing policies…

This booklet discusses the risks that educational institutions face in regard to employment discrimination litigation and outlines a program to effectively manage such risks. Institutions need to address three main types of employment discrimination issues: sexual harassment, disability-based discrimination, and age discrimination. To deal with…

This booklet discusses due process for institutions of higher education and how principles of due process should shape the design of institutional procedures for resolution of conflicts affecting students, faculty, academic programs, and research. The booklet defines and explains various area of conflict, the role of due process, and key legal…

This volume examines legal concepts and issues as they apply to colleges and universities, including the key cases, state and federal statutes, and administrative rules and regulations. Chapter 1 describes the legal parameters of the nation's court system and the historical heritage of both public and private institutions of higher education.…

This booklet on sexual harassment in higher education offers a history of the problem, defines sexual harassment, reviews the relevant legal history and recent court cases, and looks at campus policies and procedures. Following an introductory chapter, Chapter 2 looks at legal versus institutional definitions of sexual harassment and factors…

This chapter examines statutory and case law concerning sexual harassment in employment and education practices, recommends policies for prevention, and suggests strategies to resolve complaints. Title VII of the Civil Rights Act of 1964 is the principal federal legislation granting protection from employment discrimination; it is enforced by the…