A222: Higher Education and the Law

Post-secondary institutions are not only an important part of our broader society, but they also function as a microcosm of society – with their own internal hierarchies, bureaucracies, rules, and procedures. But not every institution is treated the same under the law or confronts the same problems. Public universities and private universities are often held to different legal standards; large institutions and small institutions often have different concerns and motivations. Each of these types of institutions – public or private, large or small – also have to comply with mandates set by various public and private actors, including governmental actors (federal, state, and local) or private accreditation agencies. And that does not even begin to look at the interests of other stakeholders, like students, boards of trustees, alumni, and others. In sum, the law of higher education is a challenging area to navigate, and it has become even more complicated as the federal government has taken a more adversarial posture with higher education institutions in recent years. In keeping with the traditional seminar format, we will cover many different topics over the course of the semester, many of which are standalone classes (e.g., intercollegiate athletics, disability law). While you will not be an expert in the areas we cover upon the completion of this seminar, it is expected that you will have a good working knowledge of the major issues impacting colleges and universities, as well as how they fit together.