By Andrew Seifert and Tony W. Cawthon
Though they are similar yet distinct concepts, both law and ethics affect higher education in ways that are unquestionably expansive, influencing everything from a quick one-on-one conversation with a student to major decisions about institutional developments, values, or leadership. Student affairs practitioners are familiar with issues of law and ethics, which are included in the ACPA/NASPA competencies, but understanding how these principles shape student affairs practice can still be challenging. Ethics are highly subjective and dependent on individual unique values and beliefs, whereas laws are binding rules of conduct or action. Ethics are an adopted code of moral values that guide individuals in determining right from wrong, and laws are the way a community or society institutionalizes its values and morals.
In their book Law and Ethics in Academic and Student Affairs: Developing an Institutional Intelligence Approach (2024), Michelle L. Boettcher and Cristóbal Salinas Jr. recognize that there is no single approach to law and ethics. Drawing from their experiences as scholar-practitioners, they understand the complexity of these value systems and acknowledge that existing literature on the subject does not answer all the questions practitioners have. In addition to having a baseline knowledge of legal cases relating to higher education, practitioners need to be able to utilize ethical foundations and understand the implications of existing legal precedent to inform their own practice. This book offers important information about the functions of law and ethics within higher education, historic legal decisions that define how colleges and universities operate today, and how ethical foundations are developed from the standpoints of both philosophy and student affairs practice. What sets it apart from others is that it introduces a decision-making framework designed especially for practitioners: the Institutional Intelligence Model. Ultimately, the book can serve as the definitive resource on the subject for anyone who works to support college students.
The book is divided into four sections. Section 1, “Setting the Stage” (Chapters 1-4), provides an overview of how law and ethics relate to higher education in their present forms. The authors note the various eras of development in American higher education, highlighting the impact of key pieces of legislation. Readers will appreciate the glossary of legal terms and the list of influential legal cases relevant to practitioners. Though several terms will already be familiar to many, readers are encouraged to think critically about how the given definitions compare with preexisting knowledge. The authors present 32 educational legal cases with detailed information about the involved parties, arguments, the ruling, takeaways, and related cases if applicable. The section ends with a review of the principles and (crucially) the misconceptions about ethics to help practitioners evaluate ethical dilemmas they are likely to encounter.
Section 2, “The Institutional Intelligence Model” (Chapters 5-9), reveals the model created by Boettcher and Salinas and guides readers through a schema for decision making regarding law and ethics. The objective of this model is to consider the institution’s context – its culture, history, student demographics, bureaucracy, and goals – when encountering a legal or ethical situation. Institutional intelligence involves combining existing knowledge about law and ethics with foundational questions (who, what, where, when, why, and how) in order to fill the knowledge gap and add context from similar situations in the past. One of the most challenging aspects of law and ethics, especially in the realm of higher education, is that they are constantly evolving; one advantage of this is that the model can be adjusted to any environment.
Section 3, “Functional Areas and Critical Scenarios” (Chapters 10-16), presents functional area-specific issues and case studies. Virtually every functional area in both academic and student affairs is represented, with many considerations for reflection. These considerations are framed through the who, what, where, when, why, and how questions that are outlined in the Institutional Intelligence Model. After each case study, readers are encouraged to examine the legal and ethical issues relevant to the scenario as well as the impact of the social identities of those involved in the case. One major highlight is a section dedicated entirely to graduate students, who must negotiate law and ethics in unique ways, especially if they are serving in graduate assistantships, and this section provides abundant detail for navigating this dual role. The case studies are extremely well structured and coherent, no doubt aided by the fact that most are co-authored by a practitioner highly experienced in the specific functional area.
As the authors summarize, Section 4, “Reflection and Recommendations” (Chapters 17-18), discusses “how to use the Institutional Intelligence Model in the context of change.” A large part of the act of reflection is recognizing that law and ethics are always rapidly evolving, as is the work of practitioners in the field. The authors remind readers of the significant roles that law and ethics play during consequential times, such as during and after the COVID-19 pandemic, which is when the book was written.
This book is exceptionally well organized, informative, and versatile. As some of the concepts might present a learning curve for readers, the authors go to great lengths to explain their key points. While the book will be helpful for all practitioners in any functional area, graduate students and new professionals will especially benefit from its content. The case studies serve as a valuable resource for housing practitioners seeking professional development activities for their housing staff, and using the Institutional Intelligence Model in their own practice will allow them to be more adaptable when presented with new situations and experiences. From a graduate-level textbook to a toolkit for a seasoned department leader, this book is highly recommended for all levels of campus housing professionals.
Andrew Seifert is a graduate assistant for fraternity and sorority housing at Clemson University in South Carolina. Tony W. Cawthon is an alumni distinguished professor at Clemson.
