Classroom learning at a college or university is only one small part of attending college. One of the most important ways a student can learn important skills and lessons is by participating in some sort of campus club, organization, or team. “Involvement in student activities is positively related to student retention and to personal success after graduation” (Barrow & Martin, 1996, p. 63). However, for college administrators and legal counsels, these activities can present them with a multitude of legal challenges and issues. The two major legal issues faced by college and university administrators and lawyers is “the potential for institutions to be held liable for the actions of affiliated student organizations,” including “injuries sustained by students while participating in co-curricular activities” and respecting the constitutional rights of their students, especially when it comes to the First Amendment (Barrow & Martin, 1996, p. 63). The freedom of assembly and the freedom of speech are the two most often litigated portions of the First Amendment when it comes to students who institute legal action against their school. According to Kaplin and Lee (2007), the majority of legal cases where the verdicts were against colleges and universities, were ones where the school did not do enough to protect the student against harm, or did not properly anticipate liability issues. In order to prevent this, it is imperative that colleges and universities construct clear codes of conduct with which their student organizations must comply. If organizations refuse to adhere to these codes, an institution can “decline to recognize or limit the recognition of” the organization, resulting in decreased or no funding (Kaplin & Lee... ... middle of paper ... ...l., 408 U.S. 169 (1972). Retrieved from http://supreme.justia. com/cases/federal/us/408/169/case.html Kaplin, W. & Lee, B. (2007). The Law of Higher Education (4th ed.). Jossey-Bass: San Francisco, CA. Leaving religious students speechless: Public university antidiscrimination policies and religious student organizations. (2005). Harvard Law Review, 118(8), 2882-2904. Retrieved from http://ehis.ebscohost.com/eds/detail?vid=2&sid=d79271fa-547f-4ba2-807b- 09b4c5f41a5e%40sessionmgr198&hid=116&bdata=JnNpdGU9ZWRzLWxpdmU%3d#d b=bth&AN=17385791 Rosenberger v. Rector and Visitors of the University of Virginia, 515 U.S. 819, 1995. Retrieved from http://supreme.justia.com/cases/federal/us/515/819/case.html Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 1969. Retrieved from http://supreme.justia.com/cases/federal/us/393/503/case.html
Upon arriving to college, many students face the challenge of finding a community to belong to. I believe the student affairs professionals on campus are the resource to building communities within the student body. Reflecting back on my first semester of college, I found my community within two organizations; Dance Marathon and UI Alumni Association Students Today, Alumni Tomorrow (S.T.A.T.). Within the organizations I met two advisers who opened my eyes to the world of student affairs.
Voss, Kate. "23 Years after the Clery Act, Are Schools Any Safer?" The College Fix RSS. N.p., 22 Oct. 2013. Web. 28 Nov. 2013. .
In “Voices from the Margins: The regulation of Student Activism in the New Corporate University”, Elizabeth Brule analyzes how student codes of conduct are used to regulate student political advocacy on campuses in North America. Over the years, there has been an ongoing battle between student activists and institutional policies which regulate social justice advocacy work. Students continuously broadcast political views in an attempt to exercise constitutional rights of free speech. Some in which, have been sanctioned by respective educational facilities. More specifically, York University, Canada’s third largest public university, had its first Student Code of Conduct in 1970. The implementation of the code has emerged to be based on principles
Often, when one hears about fraternities or sororities on the news, the program has to do with hazing and a death or injury that it has caused an innoce...
Raskin, Jamin. We the Students: Supreme Court Cases for and about Students. 2nd ed. Washington D.C.: CQ Press. 2003.
Colleges and universities control their faculties and students’ actions by shaming and criticizing their faculties and students on social media when the faculty’s or student’s actions cause distresses to other college students. They also control their faculties’ or students’ actions by firing the faculty or suspending the student. In an article that is posted on the website Newsweek, Nina Burleigh states that “American college campuses are starting to resemble George Orwell’s Oceania with its Thought Police, or East Germany under the Stasi. College newspapers have been muzzled and trashed, and students are disciplined or suspended for “hate speech,” while exponentially more are being shamed and silenced on social media by their peers. Professors quake at the possibility of accidentally offending any student and are rethinking syllabi and restricting class discussions to only the most anodyne topics.” The idea American colleges and universities are compared to the Stasi, the secret police of East Germany, or a thought police shows how dangerous and restrictive college campuses have become. This quote also cites the fact colleges have tried to censor their own newspaper as one of the examples how dangerous campuses have become. The fact that colleges try to censor their own newspaper and to intimidate their professors is troubling because this fact indicates that American colleges and
Studies from universities such as UCLA, show, “ emotional harm is the equal intensity to that experienced by the body, and even long-lasting and traumatic.” ( Rosenbaum, 173) a university like to claim their reasoning to limit free speech on campus is to protect students them physically and emotionally by essentially limited their first amendment rights. That is not from of protection limiting students rights is not a long term solution. It is true that freedom of speech unconditionally is taking for granted when slander is direct to aggressively attacking someone which might lead to physical harm. It is a good thing that campuses and employers take action to prevent such events from happing. But at the cost of limiting the first amendment right is not the way to go. Most employees working in the private sector generally have no right to free speech, for those who break company policy can deal with disciplinary consequences and lost their job which is why most do not choose to fight against not have their first amendment right exercised. In 2010 a student by the name of Amanda Tatro poses a very controversial blog on social media facebook when the school found out about it. They took immediate action, amends “ criminal investigation concluded that Tatro had no intent to harm anyone, but the university imposed disciplinary charges anyway, including a failing grade and mandatory psychiatric exam.” ( LoMonte) even though Amanda was not on campus physically nor did she target any special person emotionally or physically, the campus power over limiting her right to free speech resulted in bad consequences for her actions which led to no harm. This is not right, an American citizen got in trouble for expression their first ardent right setting right at home causing no harm to no one. It is true slander
In the beginning, the student movement was largely influenced by the non-violence aspect of the Civil Rights movement. Colleges and universities, at that time, had a view of “In Loco Parentis” ; which means, in place of parents or in other words, the faculty and staff acted as the parents. At University of California-Berkeley , the students were frustrated with having their freedoms restricted; therefore, they started protesting. In the beginning, the University officials took away ...
...sed a code of conduct entitled the Standards of Responsible Conduct and Transparency with the purpose of addressing major concerns (Fain, 2011; The Foundation For Educational Success, 2011). The issues that were primarily discussed were banning enrollment-based incentive pay and the disclosure to students of information about ‘transferability of credit and loan counseling’ (The Foundation For Educational Success, 2011). Institutions failing the annual review will lose their "good standing" (2011). Fain (2011) said that there were no public, economic, or organizational penalties associated with failure to comply other than removal from the Foundation’s protective website. Presently, the prominent for-profit educational groups have not signed the code of conduct and only 17 percent of for-profit institutions have agreed to the standards and their enforcement (2011).
Fraser's father brought action against the school board in the United States District Court for the Western District of Washington. He alleged the suspension and punishment were a violation of his son's First Amendment right to freedom of speech. The father sought injunctive and monetary damages under 42 U.S.C. of 1983. The district court awarded the student $278 in damages, $12,750 in litigation costs and attorney's fees, and ordered the school district not to prevent the student from speaking at the commencement ceremonies.
Colleges and Universities play a major role in developing the behavioral patterns of young adults. In addition to developing young minds, colleges help to cultivate character, responsibility, and social acceptable behavior. Students who attend Carlford have expressed their dissent with the current environment of the university. Because of these underling issues, Carlford’s retention rates amongst minorities have suffered. If Kirsten is unable to handle the situation, there will be a trickledown effect to all areas of the university. Being a new professional in the field of Higher Education can be challenge. There are times where an incident directly affects your position and there are other times where there issues that affect the entire institution. Because the issue directly pertains to Greek Life, the Coordinator of Fraternities and Sororities has the responsibility of identifying the concerns and implementing initiatives that will allow the college to be proactive in future situations of this nature.
The University Judicial Council hearing is not intended to give a heavy-handed, worst punishment possible. The students on the Judicial Council always operate under the premise of “restorative justice.” The hearing in front of the Judicial Council is intended to be educational, not condemning. At the hearing, the complainant and respondent must support and respond themselves;
Lake, P. F. (2011). Foundations of higher education law and policy: Basic legal rules, concepts,
Carone writes about the nature and lifestyle of fraternities and describes the direct relationship between sexual assault and fraternities. Taking a more fact-based route about the realities of life on campus, Carone makes points and gives reason as to why fraternities contribute to sexual assault. Carone mentions that sexual assault is not something new, but that most cases are never investigated due to the ignorance of school authorities. Many schools would rather not get involved with sexual assault and will take steps to ensure that their name is not damaged. Carone concludes that schools should take wiser steps towards the prevention of sexual assault happening in fraternities instead of turning a blind eye.
Fraternities have been a major part of student life at universities all over the world since the beginning of the 20th century. For many students they have offered an improvement in social life, more friends, opportunities for athletics, and a great sense of brotherhood. Unfortunately, since their beginning fraternities have been questioned about their activities. Many people today think that they subject their members to harmful acts better known as "hazing." Massachusetts General law defines hazing as: