|
|
Syllabus Legal
Issues in Higher Education Administration 1178-FIU01-EDH-6404-SECRVC-78563 |
Professor Information
|
|
|
Course Description And Purpose
EDH 6404 is a graduate course that
analyzes the legal structure of higher education. Topics explored in this
course include religion, academic freedom, employment, due process,
students’ rights, tort liability, and other issues. Upon completion of this
course, students should be able to describe and explain the internal and
external sources of higher education law, synthesize higher education law
cases, and apply their knowledge of the law to sample cases and problems.
Students will be assessed by quizzes, analysis of case studies, and a final
exam.
Course Objectives
Although it is not possible to
address all legal issues, content areas selected for review and discussion in
this course are contemporary and relevant to the everyday concerns of
postsecondary education practitioners. The learner is encouraged to read more
extensively in the area most related to his/her professional field of
interest. Upon completion of the readings and the ensuing class
discussions and assignments/activities, learners will be able to:
- summarize
a historical perspective of the involvement of courts in postsecondary
education and the nature and scope of law in the organization and
management of a college/university;
- articulate
the different sources of law as they affect different types of
institutions in the United States;
- recognize
the roles and responsibilities of university counsel;
- identify
landmark court decisions that establish policy for colleges and
universities;
- recognize
legal resources that can be utilized to assist in evaluating legal
implications of institutional activity;
- synthesize
the differences in legal requirements for public versus private colleges;
- develop
skills in finding, reading, and analyzing statutory and case law
pertaining to higher education and how the law intersects with
institutional policy, including:
- the relationship of the law to students and student
life according to legal concepts and precedents;
- the relationship of the law to professional personnel,
based on legal concepts and precedents;
- explain
the legal relationships between the college and external forces such as
federal, state, and local governments;
- identify
the legal implications of case law and contract law to institutional
operations;
- appraise
potential liability, both institutional and personal, and thus evaluate
the need to consult one’s immediate supervisor as to seeking
professional legal counsel on potentially controversial issues or matters
having legal implications;
- evaluate
ethical principles and the interrelationships and conflicts that sometimes
arise in the implementation of the law;
- apply
knowledge gained to specific issues associated with students and faculty.
Major & Curriculum Objectives Target
This course is part of an overall
School of Education conceptual framework which emphasizes particular forms of
knowledge, skills, and dispositions. More specifically, the college seeks to
create graduates who are stewards of their discipline, reflective inquirers,
and mindful educators. Please review the College’s conceptual framework
at: http://education.fiu.edu/docs/Conceptual%20Framework%2006-19-09.pdf
Within this overall conceptual
framework, the higher education program promotes particular definitions of
stewardship of the field of higher education, reflective inquiry in
postsecondary settings, and mindful education in and outside the field of
higher education. Please review the program’s objectives at http://education.fiu.edu/masters_degrees.html?expanddiv=ms18 and http://education.fiu.edu/doctoral_degrees.html
Teaching Methodology
This is a fully online course in
which all of the instructional materials and activities are delivered through
Blackboard, and/or other internet-based media. Should you have any questions,
please contact the professor.
Important Information
Policies
Please review the FIU's
Policies webpage. The policies webpage contains
essential information regarding guidelines relevant to all courses at FIU, as
well as additional information about acceptable netiquette for online courses.
As a member of the FIU community you are expected to be knowledgeable about the
behavioral expectations set forth in the FIU Student Code of Conduct.
Technical Requirements & Skills
One of the greatest barriers to
taking an online course is a lack of basic computer literacy. By computer
literacy we mean being able to manage and organize computer files efficiently,
and learning to use your computer's operating system and software quickly and
easily. Keep in mind that this is not a computer literacy course; but students
enrolled in online courses are expected to have moderate proficiency using a
computer. Please go to the "What's Required"
webpage to find out more information on this subject.
This course utilizes the following
tools:
- Discussion
Board
- Assessments
- Respondus
LockDown Browser- Respondus Privacy
Policies
- Adobe
Connect
Please visit our Technical Requirements webpage
for additional information.
Accessibility And Accommodation
The Disability Resource Center
collaborates with students, faculty, staff, and community members to create
diverse learning environments that are usable, equitable, inclusive and
sustainable. The DRC provides FIU students with disabilities the necessary
support to successfully complete their education and participate in activities
available to all students. If you have a diagnosed disability and plan to
utilize academic accommodations, please contact the Center at 305-348-3532 or
visit them at the Graham Center GC 190.
Please visit our ADA Compliance webpage for information about accessibility
involving the tools used in this course.
Please visit Blackboard's Commitment Accessibility webpage
for more information.
For additional assistance please contact FIU's Disability Resource Center.
Academic Misconduct Statement
Florida International University is
a community dedicated to generating and imparting knowledge through excellent
teaching and research, the rigorous and respectful exchange of ideas and
community service. All students should respect the right of others to have an
equitable opportunity to learn and honestly to demonstrate the quality of their
learning. Therefore, all students are expected to adhere to a standard of
academic conduct, which demonstrates respect for themselves, their fellow
students, and the educational mission of the University. All students are
deemed by the University to understand that if they are found responsible for
academic misconduct, they will be subject to the Academic Misconduct procedures
and sanctions, as outlined in the Student Handbook.
Academic Misconduct includes: Cheating – The
unauthorized use of books, notes, aids, electronic sources; or assistance from
another person with respect to examinations, course assignments, field service
reports, class recitations; or the unauthorized possession of examination
papers or course materials, whether originally authorized or not. Plagiarism – The
use and appropriation of another’s work without any indication of the
source and the representation of such work as the student’s own. Any
student who fails to give credit for ideas, expressions or materials taken from
another source, including internet sources, is responsible for plagiarism.
Learn more about the academic integrity policies and procedures as well as
student resources that can
help you prepare for a successful semester.
Course Prerequisites
There are no prerequisites for this
course.
Expectations Of This Course
This is an online course, which
means most (if not all) of the course work will be conducted online.
Expectations for performance in an online course are the same for a traditional
course. In fact, online courses require a degree of self-motivation, self-discipline,
and technology skills which can make these courses more demanding for some
students.
Students are expected to:
- Review the how to get started information
located in the course content
- Introduce yourself to the class during
the first week by posting a self-introduction in the appropriate
discussion forum
- Take the practice quiz
to ensure that your computer is compatible with Blackboard
- Interact online with instructor/s and
peers
- Review and follow the course calendar
- Log
in to the course at
least three times per week
- Respond
to discussion boards, blogs, and journal postings with seven days
- Respond
to emails
within three days
- Submit
assignments by the corresponding deadline
The instructor will:
- Log
in to the course at
least three times per week
- Respond
to discussion boards, blogs, and journal postings within 3 days
- Respond
to emails
within three days
- Grade
assignments within eight
days of the assignment deadline
The following are additional course
expectations from your instructor:
- This
is a graduate-level
course, and as such, each student must conduct him/herself
as a professional and all students must ensure that the work that is
produced is graduate-level work.
- Even
though this course is online, and not face-to-face, ALL students will be
expected to participate (share your views, information, weblinks, etc.)
with the professor and with each other. You also have the responsibility to be prepared by
completing all of the assigned weekly readings and assignments when due. Our
main interaction will be through “Discussion Forums” which are
focused on specific topics. Please
make certain you finish the assigned readings and videos (when applicable)
each week before attempting the discussions, as
sometimes the discussion question may refer to a specific chapter in the
text, or a comparison of a concept in that chapter. Your goal should be to post your
reply to the discussion prompt by Friday of the first week after the
question is posted, so that you can engage your classmates in discussion
throughout the rest of the weekend and the second week. (See
exception for the first and last weeks under Course Organization below).
- Our relationship is based on respect, and
as such, I ask that you react courteously to your classmates and to the
instructor. Although you may sometimes disagree with what is being posted
and will have an opportunity to express your views, I expect you to react
in a professional manner at all times, and that includes refraining from
“monopolizing” the discussion. Respect for one another means
that all of us will abstain from sexist, racist, or demeaning and hurtful
language. Please think before you write, and if you feel that someone,
with or without intent, has offended you, please ask for clarification
before you assume disrespect.
- Please check your FIU e-mail and
Blackboard site for this course regularly. I may send
you announcements, supplemental readings, or assignments, as necessary.
You will be responsible for this information.
- Please
review FIU’s policies regarding academic honesty and
integrity. I
have a zero-tolerance for a student’s using the words or ideas of
others without giving proper credit (plagiarizing). As
a graduate student, you should already know the difference between
quoting, paraphrasing, and copying. Quote judiciously and only when
necessary. In contrast to what would be expected in the literary field, in
the writing for this course quotes should only be utilized when you want
to dispute the author’s argument and want it presented verbatim
(word-for-word) first. Paraphrasing indicates to the instructor that you
understand the information and can explain it in your own words. When
paraphrasing, you should still cite the original source (Author, year of
publication), giving the author credit in the body of your paper (in-text
citation) as well as in your list of references. If you use a quote,
however short, from the source, you must add the page number to the author
and year of publication. If you are quoting from a law case, please look up
how to cite the case (style of case and citation number). I reserve the
right to use plagiarism software, such as Turnitin.com, to check submitted
assignments. Please refer to the Publication Manual of the American
Psychological Association (APA), 6th edition, and/or visit the many
websites that will help you navigate this style of referencing. A
particularly useful site is the Purdue Online Writing Lab (APA
section): https://owl.english.purdue.edu/owl/resource/560/01/
Note: Although not technically plagiarism, the use of your prior work/papers from other classes for this course is not allowed.
- Since you are producing graduate-level work, spelling,
grammar, style, syntax, etc., will be considered along with content in
assigning the grade for your written assignments. I strongly urge you to
proofread your writing and not to depend solely on spellcheck and/or
grammar checkers, as they sometimes change the intended meaning of what
you are trying to say.
I have provided a handout in Blackboard about the most common grammatical errors graduate students make in their papers. You are responsible for avoiding these errors in your papers! If you know you need help with your writing or with your APA format, please take advantage of a valuable resource available to you: the FIU Center for Excellence in Writing. If you are in the Miami vicinity, please make an appointment or sign up for a particular workshop with plenty of time before the due date of the paper.
Late papers and assignments will
not be accepted. In extenuating circumstances, I will take your request for an
extension into consideration before
the due date of the assignment. However, please be advised
that, in fairness to the other students, points will be deducted from the grade
for the assignment, as appropriate. Please do not ask for the opportunity of
producing assignments for “extra credit.” Your grade is qualitative, not
quantitative, and turning in additional mediocre work will not
result in a better grade than what you have earned in the required
assignments.
Textbook
The law of higher education.
Student Version (5th ed.)
W. A.
Kaplin and B.A. Lee, Authors
Jossey
Bass, 2014.
ISBN
978-1-118-03662-4
You
may purchase your textbook online at the FIU
Bookstore.
Course Detail
Course Communication
Communication in this course will
take place via Email.
The Email feature is an external
communication tool that allows users to send emails to users enrolled within
the course. Emails are sent to the students’ FIU email on record. The
Email tool is located on the Course Menu, on the left side of the course
webpage.
Visit our Writing Resources webpage for more
information on professional writing and technical communication skills.
Discussion Forums
Keep in mind that your discussion
forum postings will likely be seen by other members of the course. Care should
be taken when determining what to post.
Discussion Forum Expectations:
ALL students are expected to participate
fully in all online discussions and to submit postings on time. Students will
be assessed by the level and quality of their participation (postings) in the
discussions. An
acceptable message or posting will have the following characteristics:
- It
will be no longer than 200 words (20 lines). You will use
professional language, including proper grammar, in academic-related
posts. No slang, emoticons, or chat acronyms allowed.
- Your
instructor will post the original issue, problem, or question to address.
This is the original posting. You
must respond to each original posting, and also comment on at
least TWO of your fellow students’ postings about the same
topic. In your response to the original posting, your
message will briefly and clearly state whether you agree or disagree and why.
(Exceptions to this are explained in #8 below.). Your goal should be to
post your reply to the original prompt by Friday of the first week after
the question is posted so that you can engage your coursemates in
discussion throughout the rest of the first weekend and throughout the
second week.
- For each 4-point post, the message MUST use evidence to
make the point. Stating only “I agree” when responding to the
original thread or to another student’s post is not enough. You
must clearly state WHY you agree or disagree. Your post will be
stronger (and be graded higher) if you use a reference(s), other than
course text, as support for your opinion. See rubric for graded discussion
forum under the Class Resources tab in Blackboard.
- You may not always receive a response by the instructor
to your posts, but the instructor may choose to comment on
any post in order to clarify, affirm, or probe further.
- Each 4- point post will be open for two weeks
commencing on Monday, and will close on Sunday
night of the second week. Students will be unable to continue to post once
the two-week time limit has been reached (no “make-up”
posts).
- Discussion Forum Rubric applies
only to posts worth 4 points (all except the first and last 2 posts).
- The expected turn-around for
grades on the posts is 8 days from the closing of each post.
- As stated, all of the above applies to all posts except
for the first and last two posts. The
first post (self-introduction) will be worth 1 point. The next to last
post (feedback on other groups’ work on their respective cases) will
be worth 3 points. The last post (feedback on the course) will be worth 2
points. For the first and last two posts, students are not required to
respond to other students’ posts, but may choose to add to their
original post or comment on another student post. The first and last two posts will
only be open for one week instead of two weeks, and therefore you must
post your response within that week.
- The first week, using the Discussion Forum, all
students will introduce themselves. The instructor
has posted questions each student will answer, as an introduction.
- The last post will
provide students with an opportunity to synthesize and analyze the
“major lessons” learned from this course.
Assessments
In order to mitigate any issues
with your computer and online assessments, it is very important that you take
the "Practice Quiz" from each computer you will be using to take your
graded quizzes and exams. It is your responsibility to make sure your computer
meets the minimum hardware requirements.
Assessments in this course are not compatible with mobile devices and should
not be taken through a mobile phone or a tablet. If you need further assistance
please contact FIU Online Support
Services.
Quiz Expectations:
- There
will be two quizzes. The dates they will be available are in the weekly
schedule below.
- Quizzes
will be available Monday 10:00 am until Tuesday at 11:59 pm on the
scheduled week.
- Week 5- Monday,
Sept. 18 - Tuesday, Sept. 19 - (on Chaps. 1-4)
- Week 9- Monday,
Oct. 16 - Tuesday, Oct. 17 – (on Chaps. 5-7)
- Quizzes
will have 5 questions and a 15 minute time limit once started
- Each
quiz will be worth 5 points
- You
will be able to see the results (your score on each item) immediately
after the exam.
Final Examination:
- The
final examination will be available on Week 15, on Wednesday, Nov. 29th, at 10:00 a.m.
through Thursday, Nov. 30th, at 11:59 p.m. (from material
from week 1 through week 14)
- The
exam will have 20 questions and a 45 minute time limit once started. The
exam will be worth 20 points.
- You
will be able to see the results (your score on each item) immediately
after the exam
Please note that the following
information only applies if your course requires the use of the Respondus
LockDown Browser to take assessments (this course does).
- Review
the Respondus
LockDown Browser Instructions
on how to install, access your assessments and view your grades.
- After
installing the browser, please take the Practice Quiz to familiarize
yourself with the testing environment and to ensure that you have
downloaded the Respondus Lockdown Browser correctly.
Assignments
Assignment Expectations:
In addition to the Discussion
Forums, there will be two other assignments. One will be a CASE LAW BRIEF, and the
other will be a CASE
ANALYSIS GROUP PROJECT.
Case Law Brief - (20 pts.) – Due Week 6
–no later than Sunday, October 1st
- A
case brief is a summary that highlights certain important aspects of a law
case. This syllabus contains an outline of a brief and some suggestions
for finding and briefing the case. Please see the Blackboard site (Class Resources tab)
for a fuller description of the outline of a brief, a sample brief, and
the rubric on grading the case brief. Instructions on how to access
Westlaw Campus are also included in the second page of the fuller outline
of a brief.
- For
this assignment, you will find, read, and analyze one law case of your
choice. You will turn
in your written brief in the Assignment Dropbox in Blackboard.
You must also
provide the instructor with a copy of your actual case as is found in
Westlaw. Your brief will consist of the following
sections:
- Title/citation
- Key
facts
- Issue(s)
- Holding(s)
of the court
- Reasoning/analysis
of the Court
- Importance/Implications
for Higher Education.
- Suggestions:
In order to understand the case and its holding, it is normal to have to
read it several times. It is also helpful for you to highlight the
sections (e.g., key fact; holding) after the first time you read the case.
Additionally, you must look up any “legalese” words that you
do not understand (e.g., what does it mean when a case was dismissed
“with prejudice”?)
- It
is important that you write up the case in your own words, therefore
demonstrating that you have a basic understanding of the issues inherent
in the case.
Case Analysis of a Problem (Group Project) - (20 pts.)
- Due Week 13th - no later than Nov. 19th
- You
will be assigned to a specific group after the third week of the
course. Each group will be given a different “problem,”
which could/has resulted in a law case. The group will then analyze the
problem and present this analysis to the instructor and to the rest of the
class by submitting a summary of their analysis as a Power Point to be
posted in the group
blog. The resulting Power Point will consist of no more
than six slides, and will include the following:
- key facts of the problem
- legal issue(s) that could or have arisen as a result
of the situation
- answers to the questions raised in the problem
- what the holding of a court could be if the case was
litigated and why (reasoning)
- a short summary of at least one ‘real’
case that approximates the facts/issues of this sample problem and how it
was resolved (include style of case and citation).
- The
goal is to gain insight into the legal concepts of the problem/case and
their significance to contemporary higher education, and implications, if
any, for the future.
- The
group may decide to add audio to their Power Point presentation (see
instructions in Blackboard). There is no paper associated with this
assignment.
- Your
Power Point will be available to the instructor as well as to everyone
else in the course through the blog. All students should read every one of
the case analyses so they can comment on the work of the other groups in a
later Discussion Forum.
- Please
be aware that following your group’s presentation, I will ask you to
rate (in writing) the efforts and cooperation of each one of the
classmates in your group (1-4, 1 being the lowest, and 4 the highest
effort and cooperation). Your
grade will not be posted until I receive the ratings of each individual in
your group after the due date of this assignment. The
rating sheet is found in Blackboard and can be uploaded in the Assignment
tab after you complete it.
- A
rubric on how this assignment will be graded is provided under the Class
Resources tab.
Adobe Connect
Adobe Connect is an online meeting
room where you can interact with your professor and fellow students by sharing
screens, sharing files, chatting, broadcasting live audio, and taking part in
other interactive online activities. This tool will be available for groups to
meet online to discuss and work on the group project. A link to a group meeting
room will be provided in the group area. Your instructor will notify you
if/when an Adobe Connect meeting between the instructor and the class will take
place. or your student group communication or presentation.
Requirements for using Adobe
Connect:
- Disable
any window pop-up blocker.
- Adobe Flash Player is required to successfully
run your Adobe Connect meeting. You can test
your computer
to make sure your computer and network connections are properly configured
to provide you with the best possible Adobe Connect meeting experience.
- Use
of a combination headset
and microphone
with USB connection is recommended to ensure quality sound and reduce
technical difficulties
Reference Adobe Connect (Tutorials & Help) to learn about the tool, how to access
your meeting rooms and recordings.
Grading
|
*1st introductory post
is worth 1 pt. Next to last post is worth 3 pts., and last post is worth 2 pts.
All other posts are worth 4 points.
A 4-point post consists of two
parts: a response to the original question, and at least two interactive posts
responding to other students’ posts.
|
Course Calendar
Weekly Schedule
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|