By Skylar Walder and Tony W. Cawthon
The book Higher Education Law: A Practitioner’s Guide (2024) by Tara Shollenberger and Jordan Widelock provides an excellent understanding of higher education law. Each chapter provides a foundation for the discussion of specific legislation by highlighting court cases that have influenced the practice of higher education professionals and by incorporating a case study to illuminate practical details.
Each of the six chapters provides background for the specific legal issue being discussed (e.g., hate speech, academic dismissal, reasonable accommodations), an interpretation of the concept, and a case study that illustrates its ramifications. The focus of each chapter is categorized as a segment of higher education law, and the ensuing discussion is effectively layered with examples of specific events that have influenced higher education institutions. The first three chapters provide a foundation for understanding how constitutional rights such as freedom of speech, due process, and student privacy play out on college and university campuses. The last three chapters cover legal concepts that are directly connected to higher education policies, such as disability law, Title IX, and the Clery Act.
Chapter 1 provides an overview of what constitutes free speech and how it impacts higher education as a whole. The authors examine landmark court cases that are foundational to what freedom of speech means on college and university campuses. Student activism has created more and more pressure to act upon the many social and political conflicts impacting higher education. In their discussion of the complexities surrounding freedom of speech, the authors identify several types (symbolic speech, hate speech, and unprotected speech) and related topics (student assembly, academic dismissal, implications for private schools). Free expression, for example, is limited by time, place, and manner restrictions that impose limits on when, where, and how demonstrations can occur but not on the content of the speech itself. Chapter 2 dives into due process as it relates to disciplinary hearings and emphasizes the importance of the Dixon v. Alabama State Board of Education case in establishing due process in higher education.
Chapter 3 explores the complexities of students’ rights to due process within the higher education setting, noting difficulties in balancing compliance with the ethical considerations of student privacy. The Family Educational Rights and Privacy Act (FERPA), designed to protect students’ education records, has been foundational in maintaining student privacy and clarifying the roles that higher education institutions must adopt to maintain that protection. Specific to the topic of search and seizures, the authors note rising concerns about whether or not room inspections violate student privacy.
Chapter 4 examines federal disability laws, includes examples of specific accommodations in the classroom and in student housing, and explains how the grievance process has been established to ensure accountability and compliance within higher education institutions. Chapter 5 unpacks Title IX and examines its influence on students and educational programs. The authors provide a foundational understanding of its social, ideological, and political evolution and discuss how it relates specifically to the grievance process, athletics, and sexual harassment and misconduct. Chapter 6 examines how campuses navigate the issue of student safety without restricting academic freedom and reviews implications of the Clery Act, the Violence Against Women Act, and the increasingly concerning issues of drugs and guns on campus. The case studies for each act provide examples of how this legislation impacts the ability to care for both students and the larger community.
Today, more than ever, the interconnected layers of higher education law influence the operations of every campus. This book can serve as a practical and informative reference for student affairs professionals and can supplement advice from their institution’s legal counsel. In addition to identifying and explaining key legal concepts and illustrating practical applications with case studies, this book equips housing professionals with a well-rounded understanding of the significant legalities within higher education.
Housing professionals are encouraged to take note of each case study and the guiding questions they provide. Armed with the information in this book, they can continue to be proactive in ensuring students’ rights and prioritizing their educational success.
Skylar Walder is a graduate community director at Clemson University in South Carolina. Tony W. Cawthon is an alumni distinguished professor at Clemson.