Legal Issues in Higher Education

1
Legal Issues in Higher Education

• PARENTS ON BOARD Legal Issues on Campus
• The University of Vermont Continuing Education
• 14th Annual Conference
• October 24-26, 2004
• Burlington, Vermont
• Wendy S. White
• Senior Vice President and General Counsel

2
Introduction

• To what extent is the University considered a
  surrogate parent?

3
Introduction

• To what extent do parents have legal rights on
  our campuses?

4
Introduction

• What is the right balance between student
  independence and parental involvement?

5
In Loco Parentis Doctrine - History

• Pre 1960 College was a surrogate parent
• 1960s and 70s Courts moved away from this
  doctrine
• A. University was no longer viewed as the
  insurer of student safety
• B. Students should be considered adults

6
In Loco Parentis Doctrine - History

• 1980s Pine Manor decision
• A. Parents can reasonably expect universities
  to use reasonable care to protect students from
  foreseeable harm
• B. Universities voluntarily assume this
  responsibility by providing dormitory security
• 1980s 1990 Prevailing view remains that
  universities were not responsible for students
  irresponsible conduct

7
In Loco Parentis Doctrine Emerging Liability

• 1991 Furek decision Finding that the
  University had a duty to protect students from
  hazing because it undertook to provide
  anti-hazing services

8
In Loco Parentis Doctrine Emerging Liability

• Courts found no special relationship between
  student and university, but are more likely to
  find university responsible when a student is
  injured

9
In Loco Parentis Doctrine Emerging Liability

• 2003 McClure decision University had the
  responsibility to protect students traveling to
  and from parties on the beach because it provided
  a shuttle service

10
University Responsibility Today

• Courts finding greater responsibility for student
  conduct in hazing, sexual assault, and alcohol
  related cases
• Not in loco parentis but a newly created
  relationship
• WHY?

11
Parents Legal Rights

• Parents want to be more involved the law
  restricts this access
• FERPA enacted when courts were holding students
  accountable
• Restricts disclosure without student consent
  even to parents

12
The Universitys Dilemma

• The law treats students as adults, while holding
  Universities liable for their students own
  irresponsible conduct

13
The Universitys Dilemma

• Students believe they are adults their parents
  may not
• A. Paying Bills
• B. Helped select college
• C. Been actively involved in childs life

14
The Broad Recognition of the Problem

• Press coverage
• NACUA Net Conversation

15
Strategies

• Parent Programs
• Web-Sites and other communication strategies
• Student workshops
• Administrator Training

16
Guidance for Administrators Responding to a
Parent Complaint (From Ohio States Policy)
17
Guidance for Administrators Responding to a
Parent Complaint (From Ohio States Policy)

• If the problem is in your area, handle it.
  Otherwise, refer it.
• Handle complaints at the lowest appropriate
  administrative level in the first instance.

18
Guidance for Administrators Responding to a
Parent Complaint (From Ohio States Policy)

• Be decisive.
• Be consistent and follow the rules.
• Do not allow the parent complainant to set the
  agenda.

19
Guidance for Administrators Answering a Parent
Call(From Scripps College)
20
Guidance for Administrators Answering a Parent
Call(From Scripps College)

• Describe for me the problem that you are
  concerned about.
• Does your child know you are calling?
• How can we best support you in talking to your
  child?

21
Questions

• What is the appropriate role for parents in
  dealing with a student disciplinary matter?

22
Questions

• What is the appropriate role for parents in
  dealing with a student disciplinary matter?
• A. Student as subject of discipline
• B. Student who is alleged victim

23
Questions

• What is the appropriate role for parents in
  dealing with a student who has emotional problems?

24
Questions

• What is the appropriate role for parents in
  dealing with a students academic issues?

25
Questions

• How do you handle a parent who is also a
  significant donor?

26

• No children or animals were harmed during the
  creation of this presentation.

27
Legal Issues in Higher Education

• PARENTS ON BOARD Legal Issues on Campus
• The University of Vermont Continuing Education
• 14th Annual Conference
• October 24-26, 2004
• Burlington, Vermont
• Wendy S. White
• Senior Vice President and General Counsel