The purpose of the study was to analyze the legal rights and responsibilities of Canadian university students in order to provide information to university administrators. Three specific procedures were used to obtain data. The first, a compilation of Canadian higher level court cases involving students, produced 40 cases which were heard between 1848 and 1981. The second procedure led to approximately two dozen articles and books related to student rights and responsibilities. A summary of the cases and opinions published in legal articles was presented since no compilation of such information had been previously attempted. The third procedure was to send a questionnaire to the registrars of Canada's 51 degree-granting institutions requesting information on the concerns of universities regarding legal rights of students and asking for information on lower level court cases which they knew had taken place between their institution and students. Forty-five responses were received which included information about 37 cases. A brief outline of the cases was presented. An analysis of the legal proceedings and opinions published in legal articles identified a pattern of rights and responsibilities for students and institutions. Rights and responsibilities were discussed with regard to court adjudication into university affairs, the role of the Visitor, Board of Governors, the power of acts, discrimination, public v. private institutions, refusal of admission, natural justice and the existence of a contractual relationship. It was found that the rights of students did differ among the provinces. It was not possible to predict what circumstances would result in students, universities or others being the plaintiff in a legal proceeding. An analysis of questionnaire responses indicated that the majority of respondents were concerned about protection against legal proceedings by students. This concern had increased in recent years due to student awareness about legal rights and administrator concern about possible suits. The 37 cases reported by respondents followed a similar pattern of grievances to those heard at the higher court levels. Steps were being taken by institutions to handle the disputes of students internally so as to prevent grievances from reaching the courts. Based on the material presented in the study, guidelines were formulated for consideration by university administrators. These guidelines dealt with practical matters such as appeal committees, the calendar, and privacy of educational records.

No description available.

This study examined perceptions of student legal issues confronting metropolitan institutions of higher education. The data for the study were collected using a modified version of Bishop's (1993) legal survey. The sample for the study consisted of 44 chief student affairs officers and 44 chief legal affairs officers employed with the 44 institutions affiliated with the Coalition of Urban and Metropolitan Universities. Frequency counts and percentage distributions were employed to analyze the data. Chief student affairs officers and chief legal affairs officers have very different perception as to the most likely student legal issues to be litigated in the next ten years. Chief student affairs officers found few student legal issues highly likely to be litigated in the next 10 years. Affirmative action, sex/age discrimination, fraternities and sororities, and disabled students were the only student legal issues at least 20 percent of chief student affairs officers believed to be highly likely of litigation in the next ten years. Chief legal affairs officers believed many student legal issues would be litigated in the next 10 years. At least 20 percent of the chief legal affairs officers believed admission criteria, affirmative action, reverse discrimination, sex/age discrimination, athletic tort liability, Title IX, defaulting student loans, defamation, negligence, academic dismissals, academic dishonesty, cyberspace issues, and disabled students to be highly likely of litigation in the next ten years. Chief student affairs officers and chief legal affairs officers prepare very similarly for future student legal issues they may confront in the future. There is a large amount of crossover between professional conferences of chief student affairs officers and chief legal affairs officers. Student affairs and legal affairs officers will attend professional conferences of both groups in order to stay abreast of student legal issues. It appears chief student affairs officers are not prepared to confront many of the student legal issues highly likely to be litigated in the next ten years.

This study was designed to identify the unique shaping of the university/student relationship through the lens of the in loco parentis concept. The questions asked were to what extent has in loco parentis defined the relationship of Virginia Polytechnic Institute and State University and its students through the institution's history as framed by: (a) the institution's mission, (b) university governance, (c) the definition of in loco parentis, and (d) institutional culture? Has in loco parentis found its sustenance at this institution through legal or cultural justification, or both? Qualitative case study methodology was utilized to examine in loco parentis within four time periods: (a) Shaping of a Land Grant University, 1891-1907, (b) Expansion of VPI Post World War II, 1945-1955, (c) Establishing the University, 1945-1955, and (d) Framing the Present, 1988- 1992. The research concluded that in loco parentis was historically grounded in the legal interpretation provided by the court. In loco parentis was sustained within this study by the culture of one particular land grant university grounded in its original charge of structuring a military lifestyle. The legal system provided a steady and constant external sustenance of in loco parentis and the institutional culture provided internal justification for in loco parentis as demonstrated within the history and tradition of Virginia Polytechnic Institute and State University. Each time period studied provided a view of the University that defined its role to its students in place of parent under the dominant influence of presidential leadership. / Ph. D. / incomplete_metadata