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Handbook for Student Law for Higher Education Administrators - Revised edition


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 and focusing principally on four-year institutions. Addressing the ever-developing relationship between higher education and the law, the book provides the academic administrator with the means to knowledgeably and confidently navigate the many legal threats and challenges facing colleges today. Using examples from real cases and scenarios from numerous institutions, the handbook provides sample policies, checklists, and advice that administrators can apply to a wide variety of situations, both preventatively and proactively. This 2014 revised edition of Dr. Castagnera’s popular handbook is a current compendium of practical knowledge and guidance, useful for any administrator dealing with the legal minefield that is higher education in this second decade of the new millennium.
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Introduction: The Social and Legal Environment of Student Administration


Origins of the American System of Higher Education

Four distinct epochs or waves can be discerned in the history of higher education: In the 85 years between the Declaration of Independence and the Civil War, some 800 liberal arts colleges sprang up across the United States. A typical example is Franklin & Marshall College, which owes half its name to a modest amount of seed money donated by the great Benjamin Franklin in 1787. Another example is Case Western Reserve University, today a Research-One institution, which first saw the light of learning as Western Reserve Academy. “The undergraduate college took…the essential step necessary for a broad education for general citizenship…. These institutions were of a size and scale that could be created by a group of private individuals—not requiring great fortunes or state support” (Cox, 2000, p. 14).

The end of the Civil War until the turn of the last century was the era of the great land-grant institutions. This expansion of higher education led to the first shakeout. “By 1900, only 180 of those first 800 small colleges remained ← 1 | 2 → active; larger, subsidized state universities consumed market share by offering more educational services, subsidized prices, and often more pragmatic and career-oriented curricula” (Cox 2000, p. 14).

Around the turn of the last century, the third great wave broke upon the shores of higher learning. Wealthy industrialists, such as John D. Rockefeller (The University of Chicago), Andrew Carnegie (Carnegie...

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