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Handbook for Student Law for Higher Education Administrators


James Ottavio Castagnera

The Handbook for Student Law for Higher Education Administrators is a practical tool, intended for administrators dealing with students in higher education, focusing principally on four-year institutions. Addressing the ever-developing relationship between higher education and the law, the book will provide the academic administrator with the means to knowledgably and confidently navigate the many legal threats and challenges facing colleges today. Using examples from real cases and scenarios from different institutions, the handbook provides sample policies, checklists, and advice that administrators can apply to a wide variety of situations, both preventatively and proactively. Also included are relevant 2008-09 amendments to the Americans with Disabilities Act and the Federal Educational Rights and Privacy Act, and each chapter includes a section on the impact of the Higher Education Opportunities Act of 2008. The Handbook for Student Law for Higher Education Administrators is a compendium of practical knowledge and guidance, useful for any administrator dealing with the legal minefield that is higher education.


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Chapter 1 Admissions 17


CHAPTER 1 Admissions Let’s beg in a t the be ginning. Our prin cipal ent erprise, our main mission, is delivering education to our stud ents. The relationship of a college or university to its students is complex and may be fraught at times with high emotion. These emotional attachments, if posi tive, ofte n carry over i nto later life . Indee d, the health of the institution may depend on this and, so, we encourage it. No matter. In the eyes of t he law, at i ts core the relat ionship is c ontractual. The contract is formed whe n the i nstitution offers the applicant admission into its hallowed halls and the applicant accepts. So le t’s be gin at the begi nning, e xamining t he s teps i n the t ypical a dmis- sions cycle and the legal issues that underlie our efforts at attr acting prospective students. Advertising and Marketing the Institution Baby-boomers, suc h as your au thor, ca n reca ll a n e ra in whic h colleges re- sponded to student inquiries with a catalogue, a cover letter and an applic ation form. Many guidance counselors performed their role “out of the ir back pock- ets,” so to speak. Their “real” job was ass istant principal, school disciplinarian, or classroom teacher. Students applied to a schoo l or two, three or four at th e outside, a nd somet imes seriously co nsidered t he a rmed forces , be...

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