Higher Education Law

Having an overview of higher education law, including who has authority over a university, is essential for effective student affairs professionals. Understanding tort liability, contract liability, and the importance of upholding constitutional rights of all stakeholders is an important part of the role of student affairs professional.

While institutional policy drives decision-making on college campuses, administrators must consider legal implications that affect students prior to enrolling, while on campus, and even after departure from the university. Without attention to legal mandates, the institution or its employees could be exposed to sanctions or legal proceedings. To protect against this, student affairs professionals should have a working knowledge of the legal mandates that pertain to their institution.

provide a future student affairs colleagues with an overview of higher education law as it relates to the educational institution and its trustees. Include the following:

• Three major federal laws that govern higher education.
• Three state laws that regulate higher education in your state.
• Federal and state laws that apply to the administration of higher education institutions.
• At least three recent changes within higher education that affect the governance of higher education.
• Describe the similarities and differences in higher education law that apply to public and private universities.
• Explainauthority in a higher education institution from a legal standpoint, and how this relates to tort liability and contract liability. Provide one example of a court case for tort liability and one example for contract liability that are relevant to higher education.