HE 520: Higher Education Laws and Regulations Unit Three Seminar Pre-Seminar Welcome to HE 520: Higher Education Laws and Regulations, Unit Three Seminar Seminar will begin at top of the hour Use Text Input Box to ask questions No audio? Call Tech Support Seminar will last one hour

HE 520: Higher Education Laws and Regulations Unit Three Seminar Matthew Calfin, Ed.D. (Note: Dr. Calfin resides in the Pacific Time Zone)

HE 520: Higher Education Laws and Regulations Unit Three Seminar Seminar Goals Understand expectations for Unit Three Assignment Review Seminar Scenario

HE 520: Higher Education Laws and Regulations Unit Three Seminar Seminar Outline Unit Three Assignment Overview -Scenario Review -Introduction -Termination Issues -Tenure Status -Rights and Interests -Due Process -Reasonable Cause -Standing to Litigate -Conclusion

HE 520: Higher Education Laws and Regulations Unit Three Seminar Seminar Outline Faculty Rights Scenario Questions

HE 520: Higher Education Laws and Regulations Unit Three Seminar Seminar Outline Unit Three Assignment Overview -Scenario Review -Introduction -Termination Issues -Tenure Status -Rights and Interests -Due Process -Reasonable Cause -Standing to Litigate -Conclusion

HE 520: Higher Education Laws and Regulations Unit Three Seminar Assignment: Unit 3 AssignmentScenario Analysis Paper Course OutcomeHE520-3: Apply legal principles to practices of institutional operation, and to specific institutional problems and challenges that arise in higher education settings. Due DateTuesday, April 10 Point Value100 Assignment TypePaper Minimum Assignment Length At least two to three pages (double-spaced) plus cover and reference pages DescriptionYou will examine various employment and constitutional issues that apply to the faculty scenario at Mountainside State University, then write a short paper to demonstrate how constitutional issues affect faculty employment.

HE 520: Higher Education Laws and Regulations Unit Three Seminar Unit Three Assignment Grading Rubric CriteriaMastery 100 Points Termination Issues Clearly and accurately demonstrates how matters of law apply to the scenario. They are: (1) tenure status; (2) property rights & liberty interests; (3) due process; (4) termination for cause; and (5) standing to litigate Introduction and Conclusion Context of the introduction is accurate to the content of the sources and purpose is provided. Conclusion summarizes major elements of the paper and reiterates the purpose Writing Competence Comments were clearly expressed without typos, grammatical, and/or spelling errors and APA was followed. 10

HE 520: Higher Education Laws and Regulations Unit Three Seminar Seminar Outline Unit Three Assignment Overview -Scenario Review -Introduction -Termination Issues -Tenure Status -Rights and Interests -Due Process -Reasonable Cause -Standing to Litigate -Conclusion

HE 520: Higher Education Laws and Regulations Unit Three Seminar Unit Three Assignment: Scenario Review Mountainside State University employed Dr. Amanda Ford beginning in She was hired as a tenured faculty member in the School of Education. In 1997, the Vice Provost appointed Dr. Ford to the position of Special Assistant to the Provost at a salary of $85,000 a year. Upon her appointment, Dr. Ford was provided with a letter from the Provost indicating that she would serve as special assistant “at the pleasure of the Provost,” but that she would be able to return to the faculty role if she left the Special Assistant role. On November 31, 2006, the Provost asked Ford to step down from her position as Special Assistant. Dr. Ford contacted the School of Education to return to her teaching duties, but was told that all the classes had been assigned for the remainder of the year. Ford then told the Dean of the School of Education, “I am going to take some personal leave time due to stress – and will return to teach in the fall.” Ford went on leave from December of 2006 through August of She used a combination of vacation leave, sick leave, and leave in her Personnel Leave Account for that period.

HE 520: Higher Education Laws and Regulations Unit Three Seminar Unit Three Assignment: Scenario Review While on leave Dr. Ford continued to be compensated at the annual rate of pay she had received as Special Assistant ($85,000.00). In August of 2007, Ford returned to the School of Education, indicating that she was prepared to resume her faculty role. At that time, Ford was again told that there were no classes available for her to teach. She was further informed by the Dean that she was being terminated from her faculty position “for cause” because she had failed to return to the School before August. In response, Dr. Ford threatened to file a complaint in Federal Court claiming that she had a right to immediate placement in her faculty role when she left her position in the Provost’s office and that she had been prepared to resume her faculty duties at that time.

HE 520: Higher Education Laws and Regulations Unit Three Seminar Faculty at state institutions are afforded constitutional rights, as are other employees. This does not mean that colleges and universities are at the mercy of faculty behavior, or that faculty have completely free reign in their speech and actions. It also does not mean that institutions can treat faculty, or other employees, with arbitrary and capricious actions. There are contractual relationships between employees and institutions that help regulate responsibilities. Many of these contractual relationships have constitutional guarantees to protect the rights of individuals. The scenario encompasses several issues of law, which can be illuminated further by applying concepts from the Kaplin and Lee text. Use Chapter 5 from the Kaplin and Lee text and Chapter 7 from the American Higher Education in the Twenty-First Century text to address the issues and questions provided below. Unit Three Assignment: Instructions

HE 520: Higher Education Laws and Regulations Unit Three Seminar Seminar Outline Unit Three Assignment Overview -Scenario Review -Introduction -Termination Issues -Tenure Status -Rights and Interests -Due Process -Reasonable Cause -Standing to Litigate -Conclusion

HE 520: Higher Education Laws and Regulations Unit Three Seminar Directions: The introduction provides the context of the topic of the paper. Also, as with any good treatise, it relates the purpose of your paper. For example: This paper demonstrates how constitutional issues relate to faculty employment at public institutions. This section of the paper is one paragraph. Questions and Strategies -State the facts of the scenario -Discuss the purpose of the paper -Supportive references may be utilized Unit Three Assignment: Introduction

HE 520: Higher Education Laws and Regulations Unit Three Seminar Seminar Outline Unit Three Assignment Overview -Scenario Review -Introduction -Termination Issues -Tenure Status -Rights and Interests -Due Process -Reasonable Cause -Standing to Litigate -Conclusion

HE 520: Higher Education Laws and Regulations Unit Three Seminar Directions: Examine the above scenario. Based on information from the reading about property rights, liberty interests, due process, tenure, and cause for termination, address the following questions in this section of the paper: Tenure Status: What role does Dr. Ford's tenure status have toward her rights according to the Tenure Contract? Questions and Strategies -Define the issue (tenure) -What does tenure grant a faculty member?* Resources Altbach (2011) p Kaplin & Lee (2007) pp , pp Unit Three Assignment:Termination Issues- Tenure Status

HE 520: Higher Education Laws and Regulations Unit Three Seminar Seminar Outline Unit Three Assignment Overview -Scenario Review -Introduction -Termination Issues -Tenure Status -Rights and Interests -Due Process -Reasonable Cause -Standing to Litigate -Conclusion

HE 520: Higher Education Laws and Regulations Unit Three Seminar Directions: Examine the above scenario. Based on information from the reading about property rights, liberty interests, due process, tenure, and cause for termination, address the following questions in this section of the paper: Rights and Interests: What are Dr. Ford's property rights or liberty interests in her position on the faculty? Questions and Strategies -Define the issue (property rights or liberty interests)* -Is there a relationship between tenure and property rights for faculty? Resources -Kaplin & Lee (2007), pp & p. 229 Unit Three Assignment:Termination Issues- Rights and Interests

HE 520: Higher Education Laws and Regulations Unit Three Seminar Seminar Outline Unit Three Assignment Overview -Scenario Review -Introduction -Termination Issues -Tenure Status -Rights and Interests -Due Process -Reasonable Cause -Standing to Litigate -Conclusion

HE 520: Higher Education Laws and Regulations Unit Three Seminar Directions: Examine the above scenario. Based on information from the reading about property rights, liberty interests, due process, tenure, and cause for termination, address the following questions in this section of the paper: Due Process: How does due process apply to Dr. Ford's situation? Questions and Strategies -What is Due Process? Define the issue. -Was Dr. Ford provided due process? -What Constitutional Amendment discusses due process?* -What are the minimum constitutional standards for a due process hearing? Resources -Kaplin & Lee (2007), pp Unit Three Assignment:Termination Issues- Due Process

HE 520: Higher Education Laws and Regulations Unit Three Seminar Seminar Outline Unit Three Assignment Overview -Scenario Review -Introduction -Termination Issues -Tenure Status -Rights and Interests -Due Process -Reasonable Cause -Standing to Litigate -Conclusion

HE 520: Higher Education Laws and Regulations Unit Three Seminar Directions: Examine the above scenario. Based on information from the reading about property rights, liberty interests, due process, tenure, and cause for termination, address the following questions in this section of the paper: Reasonable Cause: Dr. Ford was terminated for "cause." What is the most reasonable cause for termination? Do you agree with this? Why? Questions and Strategies -What is “cause”? Define the issue. -What are the “causes” for faculty dismissal?* -Of the “causes” identified, is there one “cause” that relates to Dr. Ford? Resources -Kaplin & Lee (2007), p Unit Three Assignment:Termination Issues- Reasonable Cause

HE 520: Higher Education Laws and Regulations Unit Three Seminar Seminar Outline Unit Three Assignment Overview -Scenario Review -Introduction -Termination Issues -Tenure Status -Rights and Interests -Due Process -Reasonable Cause -Standing to Litigate -Conclusion

HE 520: Higher Education Laws and Regulations Unit Three Seminar Directions: Examine the above scenario. Based on information from the reading about property rights, liberty interests, due process, tenure, and cause for termination, address the following questions in this section of the paper: Standing to Litigate: Does Dr. Ford have "standing to litigate" as described in Chapter One of the Kaplin and Lee text? Why? Questions and Strategies -What is “standing to litigate”?* -How is “standing” determined? Resources -Kaplin & Lee (2007), pp Unit Three Assignment:Termination Issues- Standing to Litigate

HE 520: Higher Education Laws and Regulations Unit Three Seminar Seminar Outline Unit Three Assignment Overview -Scenario Review -Introduction -Termination Issues -Tenure Status -Rights and Interests -Due Process -Reasonable Cause -Standing to Litigate -Conclusion

HE 520: Higher Education Laws and Regulations Unit Three Seminar Directions: The conclusion summarizes the major points of the paper and reiterates its purpose. It ties everything together in a concise manner. The conclusion is one paragraph long. Questions and Strategies -Recap the facts of the scenario -Review the purpose of the paper -Supportive references may be utilized Unit Three Assignment:Conclusion

HE 520: Higher Education Laws and Regulations Unit Three Seminar Reference page should: Adhere to APA guidelines -Grading Rubric states that the presentation needs to follow APA accurately to achieve full points in the Writing Competence Criterion. List all of the references you mention in your paper Unit Three Assignment:Cover and Reference Pages Cover Page includes: Title of the paper Your Name Course Number and Course Title Date Optional: Instructor’s name Running Header with Paper Title

HE 520: Higher Education Laws and Regulations Unit Three Seminar Directions: The conclusion summarizes the major points of the paper and reiterates its purpose. It ties everything together in a concise manner. The conclusion is one paragraph long. Questions and Strategies -Recap the facts of the scenario -Review the purpose of the paper -Supportive references may be utilized Unit Three Assignment:Conclusion

HE 520: Higher Education Laws and Regulations Unit Three Seminar Seminar Outline Faculty Rights Scenario Questions

HE 520: Higher Education Laws and Regulations Unit Three Seminar At Northern Kentucky University a tenured literature professor was suspended from work and removed from her teaching responsibilities a semester before her retirement. She had invited her students to express their constitutional rights under the freedom of speech clause of the First Amendment and destroy a display that had been erected on campus. She, herself, had apparently participated in the destruction of the display as a student newspaper had photos of her. Her actions sparked immense controversy on campus. Some said her actions were protected under First Amendment rights. Others condemned her actions as destruction of property. Still, others questioned the actions of the university to remove her from teaching duties and her suspension. After all, she is a tenured professor and has certain employment rights. But, what are those rights? Was the university’s action within its scope of authority? Why or why not? Faculty Rights Scenario

HE 520: Higher Education Laws and Regulations Unit Three Seminar Abstract “The article reports that a professor in the Northern Kentucky University in Highland Heights, Kentucky was disciplined over her reaction towards an abortion display. It reflects that the university has placed the professor on leave because she had led a group of students in tearing down a conservative student group anti-abortion display. The presidents of the university has remarked that the actions of the professor were inconsistent with the university's commitment to free and open debate. The professor invited the students to join her in taking down four hundred small white crosses that had been erected on a nearby campus plaza during a break in a British-literature class” (p. A14). Reference Gravois, J. (2006). Professor disciplined over abortion display. Chronicle of Higher Education. 52 (35), p. A14. Faculty Rights Scenario (continued)

HE 520: Higher Education Laws and Regulations Unit Three Seminar Questions? Contact Information: Matthew Calfin, Ed.D. (Note: Dr. Calfin resides in the Pacific Time Zone)