The folks at ASHE-ERIC have published a "winner" with the Toma and Palm report on The Academic Administrator and the Law. Although most of us would much rather not have to think about the legal restrictions and implications of our decisions and actions as academics, they truly exist. Our society is indeed litigious and university campuses are not immune to this trend. Most of us are in traditional faculty positions rather than administrative positions, but this volume holds much that will benefit faculty in the classroom as well as faculty in administrative offices.
The report has four sections. The first provides an overview of trends and decisions related to types of legal issues, the courts, legal counsel and liability. The second section focuses on issues surrounding employment of faculty and staff from hiring and promotion to dismissal and retirement. A third section turns attention to issues involving students in the academic setting from the shifting definition of the relationship between the institution and the student to academic freedom and free expression to faculty-student relations. Finally, a section discusses issues related to faculty research, family and medical leave and accreditation.
The entire volume is succinct and well-written. As is the case with ASHE-ERIC reports, it is replete with references to the literature and court cases. I expected this report to be very dry and boring, something to trudge through when I wanted to go to sleep; however, I found it to be easily digestible and interesting. Although I have been in an administrative position for several years and served as the Americans with Disabilities Act/504 Coordinator for the campus, I still found instances when I was surprised by the scope and depth of legal insinuation into the academy and our lives.
The reality, though, is that there are real consequences to taking "wrong" actions both as an administrator and as a faculty member. Actions related to international students can involve the institution with federal immigration and state department officials; lack of action or violations of rights for individuals with disabilities are not just policy violations but violations of federal civil rights; and development of course materials for students may involve violations of copyright or fair use or uncertain consequences related to the internet and electronic sources. It is a complex academic world.
The good news that permeates the volume, is that the courts "on the whole" still defer to the university's expertise and knowledge on most issues; if, the university can demonstrate that reasonable policies and procedures were in place, that these policies and procedures were communicated ahead of time and that due process procedures were followed. The report is filled with valuable information, presented in a readable manner and easily referenced for information on topics that you are interested in at a given time.
For ill or good we must function in this legal and educational environment. The best course of action for all of us is to educate ourselves about the legal implications of our actions. A very good place to start is with The Academic Administrator and the Law.
Terrel L. Rhodes,
University of North Carolina at Charlotte