Laws and court precedent on student constitutional rights Student rights in higher education

1 laws , court precedent on student constitutional rights

1.1 free speech , association rights
1.2 equality rights
1.3 autonomy rights free choice (26th amendment)
1.4 laws , court precedent on student contract rights
1.5 laws , court precedent on student consumer rights
1.6 laws , court precedent on student employment rights

laws , court precedent on student constitutional rights

students have right constitutional freedoms , protections in higher education. prior 1960s institutions of higher education did not have respect students constitutional rights act parent in interest of student (nancy thomas, 1991). in 1960 shelton v. turner found vigilant protection of constitutional freedoms more vital in community of american schools , in 1961 dixon v. alabam found students not required give up, condition of admission, constitutional rights , protections.

free speech , association rights

right free speech , association rights

students retain first amendment rights in institutions of higher education. papish v. board of curators of univ. of missouri (1973) , joyner v. whiting (1973) found students may engage in speech not interfere rights of others or of operation of school. because schools places of education may regulate speech time, manner , place long provide free speech zones students long not used limit expression.

right free religious , unaccepted speech

the first amendment protects religious, indecent speech , profane hand gestures including middle finger. texas v. johnson (1989) found “[i]f there bedrock principle underlying first amendment, government may not prohibit expression of idea because society finds idea offensive or disagreeable. first amendment not recognize exceptions bigotry, racism, , religious intolerance or ideas or matters may deem trivial, vulgar or profane.”

right expression through clothing

clothing, armbands, newspaper editorials , demonstrations have been found legal forms of free speech.

right free speech on public forums

the first amendment covers internet communications. on forums designated institution public forums or commonly used public forums, students may express without content regulation or removal. online policy group v. diebold, inc., 2004 regulation may take place prevent illegal activities.

equality rights

right protection sex discrimination in higher education

students protected discrimination based on sex in program or activity receiving federal funding except military, fraternity, sorority organizations.

right protection sexual harassment in education

sexual harassment considered form of sex discrimination under title iv of 1964 civil rights act , applies federal programs , activities. sexual harassment has been prohibited in educational settings , applies both opposite , same sex harassment students.

right sex equality in provision of student activities

institutions have obligation provide equal opportunities in athletics, bands , clubs. includes equal accommodation of interests , abilities both sexes, provision of equipment , facility scheduling such activities games , practices, travel allowance , dorm room facilities. includes equal quality facilities including locker rooms, medical services, tutoring services, coaching , publicity. ensure sufficient opportunities made available women, institutions responsible complying title ix in 1 of 3 ways. must provide athletic opportunities proportionate enrollment, prove continually expanding opportunities underrepresented sex or accommodate interests , abilities of underrepresented sex.

right disclosure of athletics plans , expenditures

the 2008 higher education opportunity act requires disclosure of athletics information including male , female undergraduate enrollment, number of teams , team statistics including number of players, team operating expenses, recruitment, coach salaries, aid teams , athletes , team revenue. information required ensure equality standards met.

right protection ability discrimination in facilities

the 1990 americans disabilities act , section 504 of 1973 rehabilitation act prohibits ability discrimination in higher education. includes ability discrimination in facility use. individuals designated disability medical professional, legally recognized disability , deemed otherwise qualified entitled equal treatment , reasonable accommodations in both educational , employment related activities. supreme court defined otherwise qualified individual can perform required tasks in spite of rather except disability.

right protection race discrimination

the 1972 equal educational opportunity act protects students equal rights educational opportunity regardless of race , 1965 lyndon b. johnson executive order 11246 , 1964 civil rights act require equal access employment opportunities regardless of race.

right protection racial segregation

students protected racial segregation compromises access quality education.

right affirmative action

all federal employers or federal contractors required take affirmative action counteract effects of historical discrimination. must create goals, timetables, action plans, budgets , reporting systems ensure marginalized populations given equal employment opportunities. regulations must posted in conspicuous places available staff , potential employees.

right freedom discrimination in affirmative action

diversity defined in broader terms race. grutter v. bollinger (2003) found “broad range of qualities , experiences may considered valuable contributions” , “a wide variety of characteristics besides race , ethnicity.” members of majority protected reverse discrimination. race neutral affirmative action policies must make exceptions on individual basis , may not discriminate based on race or color.

right protection discrimination based on national origin in education

individuals have right equal treatment regardless of national origin in institutions of higher education (hea, 1965) long citizens or resident aliens of united states. 1986 immigration , reform control act prohibits discrimination based on citizenship. institutions have right discriminate based on national origin long objectives both narrowly defined , neutrally applied. is, thus, permissible require non-resident aliens legally present in united states have health insurance instance.

right protection age discrimination

age discrimination in federally funded programs prohibited 1975 age discrimination act. act builds on 1967 age discrimination in employment act. provides protection unequal treatment between people of different ages explicit or implied distinctions effect benefits of participation.

right equal treatment of student groups

gay activists alliance v. board of regents of university of oklahoma (1981) found student groups entitled equal , unbiased recognition. recognition includes unbiased allocation of facility , equipment resources except when there proof student group not maintain reasonable housekeeping or poses threat of danger, disruption or criminal action.

autonomy rights free choice (26th amendment)

right personal autonomy

healey v. james (1972) found students have right self-determination. “students—who, reason of 26th amendment, become eligible vote when 18 years of age—are adults members of college or university community. interests , concerns quite different of faculty. have values, views, , ideologies @ war ones college has traditionally espoused or indoctrinated. bradshaw v. rawlings (1979) found adult students demand , receive expanded rights of privacy in college life .

laws , court precedent on student contract rights

right contract rights

carr v. st. johns university (1962) , healey v. larsson (1971, 1974) established students , institutions of higher education formed contractual relationship. institutions of higher education responsible ensure contracts, including implied , verbal, fair, in faith , not unconscionable.

right adherence institutional documents

students protected deviation information advertised in following documents: registration materials, manuals, course catalogues, bulletins, circulars, regulations, ross v. creighton university class syllabi, student codes, , handbooks. these documents may binding implied-n-fact contracts. goodman v. president , trustees of bowdoin college (2001) ruled institutional documents still contractual regardless if have disclaimer. decision found though college had reserved right change student handbook unilaterally , without notice, reservation of rights did not defeat contractual nature of student handbook.

right fulfillment of verbal promises

ross v. creighton university found verbal contracts binding. north carolina court of appeals in long v. university of north carolina @ wilmington (1995) found, however, verbal agreements must made in official capacity in order binding. dezick v. umpqua community college (1979) found student compensated because classes offered orally dean not provided. healy v. larsson (1974) found student completed degree requirements prescribed academic advisor entitled degree on basis implied contract. advisor should, thus, considered official source of information.

laws , court precedent on student consumer rights

john f. kennedy s 1962 consumer bill of rights, not legal document, asserts consumers have right consumer safety, information preventing fraud, deceit , informed choice, choose multiple alternative options , right complaint, heard , addressed. number of these principles enshrined in law of higher education.

right limited fiduciary care (institutional care in student s best interest)

johnson v. schmitz (2000) found in federal district court phd committee established sole purpose of advising student had obligation advise student in best interest. limited fiduciary right.

right care regarding safety of students

bradshaw v. rawlings (1979) reiterated special relationship established, courts may impose duty upon institution or individual ensure care of others. duty defined here “as obligation law give recognition in order require 1 person conform particular standard of conduct respect person.” institutions have duty of care ensure safety of students while respecting personal autonomy. mullins v. pine manor found [t]he fact college need not police morals of resident students... not entitle abandon effort ensure physical safety”.

right grievance filing process

dixon v. alabama (1961) determined when students constitutional rights not upheld, students eligible sue damages in court of law monetary or material damages. individuals may file complaints regarding discrimination federal office of civil rights (ocr).

right protection injury on campus

a number of state courts have found institutions have responsibility prevent or make efforts limit injury on campus dangerous property , criminal conditions long injury both foreseeable , preventable.

right protection injury in facilities under campus jurisdiction

knoll v. board of regents of university of nebraska (1999) found institutions responsible ensuring safety of facilities either under institutional jurisdiction or oversight. institutions are, thus, responsible institutionally owned dormitories , fraternities whether on campus or off campus , fraternities may not owned institution regulated institution. taking on regulatory role institution takes on liability. state court found, when students not lawfully permitted on institutional property or in institutional buildings after hours, instance, institution not responsible.

right protection foreseeable crime on campus

students should safe seeable crime in light of past reports of crime, loitering or dangerous conditions. institutions required take safety precautions including monitoring of unauthorized personnel in dormitories, taking action against unauthorized personnel when pose threat safety , ensuring adequate security measures in place.

right protection injury caused other students

students deserve protection other students on whom institution has oversight including voluntarily assumed jurisdiction e.g.: clubs, sororities, fraternities, teams. this, instance, includes protection foreseeable or preventable fraternity hazing if fraternities not located on institutional property. institution has responsibility inform of safety risks existent in institutionally regulated programs. state courts have found institutions not responsible, however, screening exconvicts before admission.

laws , court precedent on student employment rights

right protection sex discrimination in workplace

students protected discrimination based on sex in program or activity receiving federal funding except military, fraternity, sorority organizations. there protections both public , private employment. employment opportunities must merit based.

right equal pay sexes in workplace

all sexes have right equal pay equal work performed in workplace in institutions of higher education. include student employment. may suggest transgender people entitled equal pay in workplace.

right protection forced pregnancy leave

women not have go on mandatory pregnancy leave before birth, , right doctor prescribed leave during pregnancy.

right protection sexual harassment in workplace

sexual harassment prohibited in both educational , workplace settings , applies both opposite , same sex harassment employees.

right active protection sexual harassment in workplace

the 1997 department of education , office of civil rights sexual harassment guidelines find institutions liable incidences wherein institution aware or should have been aware of sexual harassment , took no immediate action. majority of federal court cases involving educational institutions prohibit maintenance of conditions allow harassment other students continue.

right protection ability discrimination in workplace

ability discrimination in federally funded , private programs , activities prohibited under 1990 americans disabilities act (ada) , section 504 of 1973 rehabilitation act. individuals designated disability medical professional, legally recognized disability , deemed otherwise qualified entitled equal treatment , reasonable accommodations. supreme court defined otherwise qualified individual can perform required tasks in spite of rather except disability.

right protection ability discrimination in employment recruitment

the 1990 americans disabilities act , section 504 of 1973 rehabilitation act. includes ability discrimination in recruitment. individuals designated disability medical professional, legally recognized disability.

right protection ability discrimination in workplace discipline , dismissal

the 1990 americans disabilities act , section 504 of 1973 rehabilitation act in discipline , dismissal.

right protection age discrimination

age discrimination in federally funded programs prohibited 1975 age discrimination act. act builds on 1967 age discrimination in employment act. provides protection unequal treatment between people of different ages explicit or implied distinctions effect benefits of participation.

right protection race discrimination in employment

executive order 11246 expanded upon 1953 dwight d. eisenhower executive order 10479, established anti-discrimination committee oversee governmental contracting. 1967 lyndon b. johnson executive order 11375 requires facets of federal employment or federally contracted employment regulated based on merit – includes institutions of higher education.

right protection discrimination based on national origin in employment

individuals have right equal treatment regardless of national origin in employment settings long citizens or resident aliens of united states. 1986 immigration , reform control act prohibits discrimination based on citizenship.