Volume 42, Issue 4

As is the case in most K-12 schools, male students, in comparison to their female counterparts, disproportionately violate policies and are sanctioned more often for violence and disruptive behaviors on college and university campuses across the country. A theoretical model to explain this phenomenon is proposed in this article. Specifically, a synthesis of existing literature and theories from sociology, psychology, men’s studies, and education resulted in the identification of six acute variables that explain male overrepresentation among campus judicial offenders. While each component of the model is thoroughly explained, insight into interactions among the six variables is also offered. Practical implications for campus administrators who are interested in minimizing violence and disruptive behaviors among college men conclude the article.

With the passage of Higher Education Amendments of 1998, the Family Educational Rights and Privacy Act of 1974 was amended to make it substantially easier for institutions of higher education to notify parents when their students violate institutional policies or laws concerning alcohol and other drugs. This study examines how common parental notification policies are in the wake of this legislative change, factors deemed important in adopting such policies, the structure of the policies, reactions to the policies, and the perceived impact of the policies on alcohol violations.

Affirmative action as a policy to solve past racism has existed since the civil rights movement in the mid-twentieth century. Since its inception there has been controversy as to whether affirmative action can stand legal scrutiny. If it can, then under what circumstances and for what programs may it be used? Since the Bakke case in 1978, a variety of lower federal courts have sought to determine whether diversity is a compelling state interest in higher education admissions and other related programs, or whether race may even be used as a factor in admissions. The recent Grutter and Gratz cases have helped to clarify those issues, but they have left many questions to be answered by policy makers and the courts. Since the Grutter and Gratz decisions, new challenges have been raised to affirmative action. This article describes the history of affirmative action, describes the controversies and current status of the law with regard to public postsecondary institutions admissions policies, and raises several issues about which admissions and student affairs professionals in general should be concerned.

Student affairs professionals recognize that learning experiences transcend the classroom, and they have expanded the range of programs and services available to students well beyond the laboratory and lecture hall. The authors survey judicial opinions involving institutional liability for negligence and conclude that the expansion of educational programs carries the potential for heightened risk. Student affairs professionals must be sensitive to these risks and take steps to foresee dangerous conditions, making sure that the level of reasonable, prudent care is commensurate with the degree of risk associated with the activity and educating students about the risks attendant to their participation.

This study focused on developing a conceptual framework for cost collection at colleges and universities and on assessing the cost impact of federal legislation on a representative midsize, private, 4-year institution in the Midwest. Additionally, a complete list of federal legislation affecting higher education had to be compiled before costs could be collected.

This article reviews and analyzes how the Standards for Privacy of Individually Identifiable Health Information, or “Privacy Rule” of Public Law 104–191 of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), have impacted the administration of student judicial affairs in higher education. In addition to briefly summarizing the regulations, the article describes how HIPAA has been interpreted to apply to campus health services and examines how the Privacy Rule relates to the Family Educational Rights and Privacy Act of 1974 (FERPA), to campus police and security operations, and to the maintenance of disciplinary records. The author concludes that the Rule will not interfere with FERPA and should have little appreciable effect on ordinary judicial affairs operations in higher education. However, it may modify the ways in which student affairs professionals interact with health care providers in their institutions’ communities. Nine “best practice” recommendations are offered.

Decisions by university officials not to notify a student’s parents following a suicide attempt on campus have been severely criticized by some observers. Although courts have not imposed a parental notice requirement, the practice is advantageous to students in many situations. The author recommends a system of notification that relies primarily upon nonmedical student affairs officers to collect reports and communicate with parents following a campus suicide attempt. In determining what information to communicate to parents, student affairs officers are advised to keep in mind the legal implications of the disclosure, including the possibility of a subsequent episode of selfdestructive behavior.

Student use of the Internet for such purposes as sharing and downloading illegal copies of music and movies presents new and complex challenges in the relationship between the institution and student. This article reviews the development of the file sharing phenomena; and through analysis of existing institutional responses, legal advice, media coverage, and research and government reports assesses the various types and relational meaning of attempts to discourage illegal file sharing among college students.

One of the great challenges facing Christian higher education is the role and impact of student behavior codes in furthering institutional values and inculcating those values in the students served by such institutions. The perspectives of administrators, faculty members, and students regarding the rationale for codes of conduct at their institution are examined. To obtain data, administrators, faculty members, and students at two Christian liberal arts institutions completed questionnaires and participated in follow-up interviews based on individual responses to the questionnaire. The views of all three groups are described as they see behavior codes relating to institutional purpose and the development and implementation of such codes.

Learning how to recognize and anticipate the legal risks associated with student affairs practice is a crucial skill all successful administrators must develop. This can be done by developing a sense for scanning the broad legal environment and being aware of legal issues in other parts of the education enterprise.