1. HE 520: Higher Education Laws and Regulations Unit Six Seminar Pre-Seminar Welcome to HE 520: Higher Education Laws and Regulations, Unit Six Seminar Seminar will begin at top of the hour Please have Kaplin and Lee (2007) available Use Text Input Box to ask questions No audio? Call Tech Support Seminar will not exceed one hour

2. HE 520: Higher Education Laws and Regulations Unit Six Seminar Matthew Calfin, Ed.D. Mcalfin@kaplan.edu (Note: Dr. Calfin resides in the Pacific Time Zone)

3. HE 520: Higher Education Laws and Regulations Unit Six Seminar Seminar Goal Answer the following question: Under what conditions would colleges and universities be able to discriminate, justifiably, for not admitting students to their institutions?

4. HE 520: Higher Education Laws and Regulations Unit Six Seminar Seminar Question Under what conditions would colleges and universities be able to discriminate, justifiably, for not admitting students to their institutions? Women – represent the Dean of Admissions and justify why you would discriminate against some students in the admissions process Men – represent a potential student and justify why you should not be discriminated against in the admissions process

5. HE 520: Higher Education Laws and Regulations Unit Six Seminar Limits on Admissions Policies (p. 317) Institutions are subject to three main constraints in formulating and applying admission policies: -the selection process must not be arbitrary or capricious; -the institution may be bound, under a contract theory, to adhere to its published admissions standards and to honor its admissions decisions; and -the institution may not have admissions policies that unjustifiably discriminate on the basis of characteristics such as race, sex, age, residence, disability, or citizenship. (Kaplin and Lee, 2007, p. 317)

6. HE 520: Higher Education Laws and Regulations Unit Six Seminar Arbitrariness (p. 318) “The Court will only overturn a college’s decision if there is no reasonable explanation for its action” (Kaplin & Lee, 2007, p. 318). Courts defer to the educational institution because the institution is the expert on academic matters.

7. HE 520: Higher Education Laws and Regulations Unit Six Seminar Contract Theory (p. 319) -May apply when a student has been admitted to the school but the “admission has been reversed through no fault of the student” (Kaplin & Lee, 2007, p. 319). -“Applies to both public and private schools” (Kaplin & Lee, 2007, p. 320). -“Does not require an institution to adopt or forgo any specific admissions standards, but does require the institution to honor acceptance decisions once those decisions have been made and honor published policies in deciding who to accept or reject (Kaplin & Lee, 2007, p. 320). -“The institution may wish to omit standards and criteria from its policies in order to avoid being pinned down” (Kaplin & Lee, 2007, p. 320).

8. HE 520: Higher Education Laws and Regulations Unit Six Seminar Race- “It is clear under the Fourteenth Amendment’s equal protection clause that, in the absence of a ‘compelling state interest’, no public institution may discriminate in admissions on the basis of race” (Kaplin & Lee, 2007, p. 321). Sex- “Title IX of the Education Amendments of 1972 is the primary law governing sex discrimination in admissions policies “(Kaplin & Lee, 2007, p. 324). -“Institutions subject to Title IX admissions requirements are prohibited from treating persons differently on the basis of sex in any phase of admissions and recruitment” (Kaplin & Lee, 2007, p. 325). -Review Section 106.21 (b) on p. 325 Discrimination (p. 321)

9. HE 520: Higher Education Laws and Regulations Unit Six Seminar Disability- “Two federal laws-Section 504 of the Rehabilitation Act and the Americans with Disabilities Act prohibit discrimination against individuals with disabilities” (Kaplin & Lee, 2007, p. 329). -“Prohibitions apply to discrimination directed against ‘qualified’ individuals with disabilities” (Kaplin & Lee, 2007, p. 329). -“A disabled person is qualified…if he or she ‘meets the academic and technical standards requisite to admission or participation in the recipient’s education program or activities” (Kaplin & Lee, 2007, p. 330). -“The Supreme Court ruled that ‘an otherwise qualified handicapped individual is one who is qualified in spite of (rather than except for) his disability” (Kaplin & Lee, 2007, p. 330). Discrimination (p. 329)

10. HE 520: Higher Education Laws and Regulations Unit Six Seminar High school course expectations Overall grades in academic coursework Grades related to intended major Strength of student's overall high school curriculum Trends in achievement Class rank Overall grade point average Core grade point average (English, academic math, laboratory science, foreign language, speech) SAT or ACT score sent from the testing agency (including writing section). Test scores must be sent electronically from the testing agency. When registering to take one of these tests, take advantage of the free reporting option to have the testing agency send your scores directly to Purdue (SAT School Code: 1631; ACT School Code: 1230). Ability to be successful in intended major Essay Personal background and experiences Information provided by high school guidance counselor (or other school administrator) Time of year the student applies Space availability in the intended program All applicants must graduate from high school or have a GED, and Indiana residents are given preference. Retrieved on April 30, 2012 from http://admissions.purdue.edu/Admissions_Criteria/Expectations_for_Fre.html Purdue University Admissions Standards

11. HE 520: Higher Education Laws and Regulations Unit Six Seminar Seminar Question Under what conditions would colleges and universities be able to discriminate, justifiably, for not admitting students to their institutions? Women – represent the Dean of Admissions and justify why you would discriminate against some students in the admissions process Men – represent a potential student and justify why you should not be discriminated against in the admissions process

12. HE 520: Higher Education Laws and Regulations Unit Six Seminar Seminar Question Application: John Daley Green Mountain University, a public research institution, offers graduate programs in law and veterinary medicine. This past fall, the law school and veterinary medical college each received applications for admission from potential students who are disabled. The university rejected both students for admission. JOHN DALEY The law school received an application for admission from John Daley. Mr. Daley graduated in the top 10% of his college class with a degree in history and was inducted into Phi Beta Kappa. He served in a variety of leadership roles in campus organizations and was student government president. He also was an active volunteer in his community. John is blind due to an auto accident in his junior year of high school. Both students have taken the requisite coursework as well as achieving high marks in their academic studies. Additionally, they have each been involved outside the classroom in a variety of organizations and activities. Is Green Mountain University justified in denying admission to Mr. Daley and Mr. Jones under the otherwise qualified standard?

13. HE 520: Higher Education Laws and Regulations Unit Six Seminar Seminar Question Application: Bob Jones Green Mountain University, a public research institution, offers graduate programs in law and veterinary medicine. This past fall, the law school and veterinary medical college each received applications for admission from potential students who are disabled. The university rejected both students for admission. BOB JONES The veterinary medical college received an application from Bob Jones. Mr. Jones was an honors graduate from his college with a degree in biology. He served as the president of the pre-medical society at his college and worked in residential life as a resident advisor. On the weekends he regularly assists at the local animal shelter. Bob has been blind since birth. Both students have taken the requisite coursework as well as achieving high marks in their academic studies. Additionally, they have each been involved outside the classroom in a variety of organizations and activities. Is Green Mountain University justified in denying admission to Mr. Daley and Mr. Jones under the otherwise qualified standard?

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