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.

The purposes of the study were to determine the scope and background of student due process policies and procedures utilized within Indiana school corporations, and to analyze the content of due process policies and procedures utilized within Indiana school corporations in comparison with standards recommended by legal and educational authorities.An Initial Survey form was mailed to the superintendent of each school corporation in Indiana. Superintendents reporting written, school board adopted policies and procedures for student due process were requested to send a copy for the content analysis portion of the study.A Background Survey instrument was mailed to each superintendent providing a copy of due process policies and procedures. Information was sought relative to the formulation, implementation, and utilization of student due process policies and procedures.Recommended standards and guidelines for procedural due process for students, from both legal and educational sources, were reviewed. The standards and guidelines were organized into a recording instrument to help facilitate a content analysis of the policies and procedures.Major findings of the study were:1. Superintendents from 43 of 280 Indiana school corporations reported written, school board adopted policies and procedures outlining student due process in effect as of December 1, 1971.2.The total number of school corporations with written, school board adopted due process policies and procedures has increased annually since 1969.3, The persons most directly affected by discipline and due process--students, teachers, and parents--were not involved in the formulation of policies and procedures.4. Approximately 71 per cent of the students involved in due process hearings were reported to have been suspended or expelled. Approximately 29 per cent of the students involved were reported to have been reinstated.5. The building principal was most often specified as the hearing officer. The school board was most often specified as the hearing board.6. In most instances, the student and parents received the required information in the notice of the charges; however, most notices lacked an explanation of the procedural mechanics of the hearing.7. The amount of time allowed the student to prepare a defense was arbitrary or not specified in most policies.8. As a group, the due process policies were most often lacking ini (a) including a provision for students and/or parents to give a written waiver of formal hearing procedures; (b) including a provision guaranteeing the student prior inspection of documents and evidence; and (c) Including a provision guaranteeing student protection against self-incrimination.9. The type of hearing record most often reported consisted of fill-in forms or written narrative summaries.10. Appeals were most often directed to the superintendent.Major recommendations of the study were:1. Students, parents, and teachers be involved in the formulation of due process policies and procedures.2. Humanistic aspects of the student-institutional relationship be emphasized in teacher education and school administration courses.3. In-service education relative to student due process be provided for both professional and non-professional personnel in school districts. 4. After September 1, 1972, when the Indiana student conduct and due process law becomes effective, a follow-up study be conducted to determine what changes have occurred in the scope, background, and content of student due process policies and procedures.

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

The purpose of the study was to state in a positive manner the rights of administrators in dealing with student suspension, expulsion, and exclusion in substantive and procedural due process matters. A legal. research was used to accomplish the purpose of the study. A review of the literature from 1969 through 1978 was made. The focus of the review was upon attitudes of administrators regarding court cases dealing with student suspension, expulsion and exclusion. A selected review and analysis of United States Constitution, Indiana state law, federal and state appellate court decisions, Indiana Attorney General Opinions and related literature was wade to identify factors guiding school officials in dealing with student due process matters. The study was limited to the laws, court decisions, and Attorney General Opinions in Indiana involving student suspension, expulsion, and exclusion.Even though the study was limited to Indiana, the following considerations would also apply throughout the United States.(1) Students have due process rights. (2) Constitutionality of a school regulation and reasonableness of a rule is a question of law to be decided exclusively by the courts. (3) Boards of education and school administrators have the power to make and enforce reasonable rules and regulations for the proper process in general. (4) Where rules infringe upon freedom of expression, the school officials have the burden of showing justification. (5) Administrators are upset over recent United States Supreme Court decisions and an apparent loss of control of students. (6) A compensatory award to students would be appropriate if the measures of impermissable motivation or disregard of a student's constitutional rights were maliciously violated. (7) Student dismissal for failure of a student to meet academic standards calls for far less stringent procedural requirements than dismissal of a student for violation of valid rules of conduct. (8) The Fourteenth Amendment of the United States Constitution does riot apply to the internal disciplinary operations of a private school. (9) A student involved in a due process matter must take advantage of all administrative remedies available before filing a law suit. (10) School Officials have the authority to expel a student under the age of sixteen for a violation of reasonable rules and regulations. (11) The laws and recent court decisions should not hinder the fair minded school administrator. (12) School attendance records are admissable as evidence in a court of law.In addition to the study findings, the following conclusions, based upon the review and analysis of pertinent constitutional law, federal and state court decisions as well as upon the reading of related literature and conversations with attorneys and school officials were developed. (1) A school official may avoid legal problems in dealing with students if the following steps are followed: (a) The school official must make every attempt to establish reasonable rules and regulations. (b) The school official must carry out discipline procedures without malice. (c) The school official must provide the minimum essentials of due process. 1. Oral and written notice of charges are provided the student. 2. The student must have the opportunity to tell what happened in the incident under investigation. (2) The Indiana Statute on Due Process and Pupil Discipline provides the framework and guide to follow in discipline matters. School corporations may avoid time consuming and expensive court proceedings by adhering to the statute. The courts have overturned student challegnes on substantive and procedural due process if the student had not sought all remedies available under the Indiana Due Process and Pupil Discipline Statute.Even though the study was limited to Indiana, the above listed conclusions, with the exception of number two, would also apply throughout the United States.

No description available.

There is no abstract available for this dissertation.

This legal research study identified Supreme Court cases relating to search and seizure generally, and Supreme Court, federal and state court cases relating specifically to search and seizure in education. The purpose of this study was to identify those concepts, doctrines and principles of law governing searches and seizures in order to inform administrators of their legal responsibilities. Concepts, doctrines and principles of law governing searches and seizures are summarized in the following statements: (1) Students have a right to privacy, but this right must be balanced against the school's interests and the rights of others. (2) Searches must be reasonably related to a legitimate school purpose. General, exploratory, blanket and indiscriminate searches will not be sustained by courts. (3) School officials have an affirmative obligation to maintain order and discipline for the health and safety of students. (4) Searches must be based on concrete, articulable facts. Mere suspicion is not acceptable to the courts. (5) Elementary and secondary school officials, acting in loco parentis, are generally held to the lesser standard of reasonable cause to believe. However, the more intrusive the search, the higher the standard to be applied. (6) Colleges and universities cannot condition attendance upon a waiver of a student's constitutional rights. (7) Police initiated searches are subject to the higher standard of probable cause. (8) In cases where exigent circumstances existed, such as the destruction of evidence or harm to another, administrative officials have an affirmative obligation to act immediately and they are not subject to the warIant requirement (9) Contraband seen in plain view is subject to seizure without a warrant. / Ed. D.

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.

The South African Constitution is considered as supreme law. This piece of legislation overrides all others and states in section 28(2): “A child’s best interests are of paramount importance in every matter concerning the child”. This emphasises the significance of the right of the child in South African law, by stating that children are to be protected at all cost. This section of the constitution forms the basis of this thesis with regards to the child and the protections that are to be afforded to them in instances of sexual abuse by educators. In the last several years there has been an increase in the number of cases reported on the sexual abuse, rape, violence and harassment of learners by members of the schooling community. The statistics prove that sexual violence in the schooling system in South Africa is rampant and furthermore indicate that young girls and boys are not as safe as they deserve to be. A teacher or educator is a professional, who is to act in a professional manner at all times – in the course and scope of their employment as educators. When a parent leaves its child at school for the day the educators are acting in loco parentis – in place of parent – thus these children are to be protected, nurtured and cared for in the correct manner. Sexual abuse of a learner by an educator is a gross contravention of South African legislation, the South African Council of Educators (SACE) code of conduct as well as international codes by the International Labour Organisation (ILO), the United Nations (UN) and other conventions. It is therefore fitting that any perpetrator of such violence, disrespect and transgression is to be punished quickly and harshly. Educators who abuse children are to immediately be removed from the school system through dismissal and also be tried criminally. These offenders should also be added to the SACE sexual offenders’ database which needs to be open to the Department of Education (DOE) and more importantly the general public – allowing parents to make the best possible decisions when putting their children in schools, thus ensuring their safety. However, throughout this process the rights of the child are to be protected and regarded with prevailing sensitivity, and their innocence is to be sheltered from any further psychological and emotional harm caused due to the abuse. The South African Professional Society on the Abuse of Children (SAPSAC) argues that a constitutional injunction is powerless to protect a child from being victimised and traumatised by criminal activity.1 All the more should it be incumbent upon the criminal law and criminal procedure and upon the courts, their functionaries and practitioners who regulate its procedure and apply its principles to “protect children from abuse and (to) maximise opportunities for them to lead productive and happy lives … (and to) … create positive conditions for repair to take place”. The thesis that follows, using the principles summarised here, aims to: define sexual abuse of the child, the legal position in South Africa in relation to the sexual abuse of children and case law. Recommendations will then be made and a code of good practice will be established on how to deal with educators who sexually abuse their learners promptly, effectively – without causing any further harm to the child in question.

MPM / Oliver Tambo Institute for Governance and Policy Studies.