LEGAL CONCEPTS & ACADEMIC ADVISING Wednesday, April 27, 2011 Haajira Lansana Melony Sacopulos, J.D. & Linda Maule, Ph.D.

Key Legal Terms  Law of Agency -Agents (advisors) of institutions where statements should accurately represent the institutions goals, services, facilities, programs, and policies  Law of Fiduciary Relationships -Student places trust in advisor. Advisor owes to student duties of good faith, trust, and confidence  Constitutional Due Process -Students can’t be deprived of their rights without fair procedures  Contractual Law -Oral or written agreements (department handouts, ISU catalog etc.) in which the parities each agree to perform or refrain from performing certain acts

Law of Agency  Follow ISU Statement on Academic Advising  Exchange ideas with colleagues for professional growth and to enhance best practices

Court Case R.J. Hendrick vs. Clemson University * Academic Advising/NCAA eligibility requirements

Contractual Law  Be knowledgeable of procedures, policies and legal implications  Publicize accurate information on department handouts  Encourage students to take ownership  Keep all notes written/electronically

Effective Advising Notes  Accurate and up to date  Personal notes separate from file **Factual and objective  Include in notes: Topics discussed, actions taken, and recommendations made

Law of Fiduciary Relationships  Provides students access to their file  Advisor keeps all students records confidential; except for emergency situations * Age does not matter  Non-FERPA Documents  Private notes  Campus Police Reports  Medical Records  Statistical information with no student profiles attached  Employment not related to educational career  Make policies and procedures visually clear

NACADA Core Values  Declaration 3) Advisors are responsible to their institutions Advisors nurture collegial relationships. They uphold the specific policies, procedures, and values of their departments and institutions. Advisors maintain clear lines of communication with those not directly involved in the advising process but who have responsibility and authority for decisions regarding academic advising at the institution. Advisors recognize their individual roles in the success of their institutions.

NACADA Core Values Cont..  Exposition Core Value 1: Advisors are responsible to individuals they advise. Advisors are knowledgeable and sensitive regarding national, regional, local, and institutional policies and procedures. Advisors respect student confidentiality rights regarding personal information. Advisors practice with an understanding of the institution's interpretation of applicable laws such as the Family Educational Rights and Privacy Act (FERPA). Advisors document advising contacts adequately to meet institutional disclosure guidelines and aid in subsequent advising interactions.

CAS Standards Academic Advisors Must:  Provide accurate and timely information and interpret institutional, general education, and major requirements  Advise on the selection of appropriate courses and other educational experiences  Clarify institutional policies and procedures  Monitor website used for distributing information to ensure that the sites are current, accurate, appropriately references, and accessible

Group Discussion Topics  Effective electronic advising  How to discuss FERPA with parents  Methods to motivate students to take responsibility  Ways to increase advisors professional development (resources/tool kits?)  Methods to implement academic advising codes of conduct in everyday work activities

Quick Reference List  Faculty Advising Examined by Kramer  Academic Advising by Gordon, Habley & Grites  Academic Advising A Compressive Handbook by Godon, Habley and Associates  Negligence in Academic Advising by Carolyn Stone