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Handbook for Student Law for Higher Education Administrators

Series:

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 9 Privacy Rights and Intellectual Property Issues 217

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CHAPTER 9 Privacy Rights and Intellectual Property Issues In a world th at is cha nging so much a nd so quickly, the rules th at govern it are forced t o do the same . Privac y righ ts a nd i ntellectual prop erty l aws are no exception, and they are two issues that cannot be ignored by universities. The first issue of privacy rights in re gard to students’ records has a very di- rect im pact on h igher e ducation. Th e Fe deral Ed ucational R ights and Pri vacy Act of 1974 (FERPA) prov ides the g uidelines c oncerning educational rec ords, student and parent access to them, and the obl igation of universities to protect that information. The U.S. education system has had more than 20 years to test these boundaries with recent circumstances demonstrating new interpretations. With intellectual property, two areas appl y on a l arge scale to universities. The first is written media. Plagiarism has been a matt er of c oncern for a l ong time, and it isn’t difficult to imagine that it is an exceptionally large problem on campus. With the In ternet have come new rules and possibilities when it comes to information and, therefor e, also plagiarism. This topic is co vered thoroughly in Chapter Five. The second area is perhaps not as obviously an issue for universities. Piracy of copyrighted audiovisual media has increased immensely s ince the Internet’s debut. Of co...

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