LEGAL ISSUES IN STUDENT ACTIVITIES KIM BLANK ASSISTANT DIRECTOR OF STUDENT ACTIVITIES KENYON COLLEGE
Jul 12, 2015
LEGAL ISSUES IN STUDENT ACTIVITIES
K I M B L A N K
A S S I S T A N T D I R E C T O R O F S T U D E N T A C T I V I T I E S
K E N Y O N C O L L E G E
PRESENTATION OUTLINE
Background information
Legislation
Pertinent legal cases
Takeaways
Practical application
Your campuses
BACKGROUND
Public institutions are held to different (more stringent) standards than private institutions
U.S. Constitution and case law (interpretations of Constitution)
Educational institutions as “special environment”
LEGISLATION
Showing filmsU.S. Copyright Act: prohibits duplication and provides
ability to file civil suits and criminally prosecute to protect copyrights
Digital Millennium Copyright Act: prohibits new methods, such as DVD burning of copyrighted films
Family Entertainment and Copyright Act: makes recording in a theater a federal crime
No Electronic Theft Act: criminalizes reproduction, distribution, and sharing of movies even without commercial purpose or without financial gain
DUE PROCESS
Dixon v. Alabama State Board of Education (1961) has been called “the path-breaking decision recognizing the due process rights of students at state universities”
6 students expelled without a hearingCourt ruled college could not act in loco parentisOn appeal, Fifth Circuit ruled students could not
be expelled without due process
TIE-IN TO STUDENT ACTIVITIES
How does Dixon v. Alabama State Board of Ed relate?
Due process: identify what the student rights are on your campus (right to confront charges against you, formal trial, etc.; varies by campus)Outlines role of college: cannot and should
not act in lieu of parents (in loco parentis); supported by FERPA
STUDENT ORGANIZATIONS
Healy v. James (1972) addressed the recognition of controversial organizations
Supreme Court found that Central Connecticut State College (a public institution) could not deny recognition to chapter of Students for a Democratic Society
1st Amendment rights to Free Speech and Right to Assemble
ASSEMBLY & ROOM USAGE
Widmar v. Vincent (1981) addressed the right of a Bible study group to use public university facilities for meetings/study
University feared endorsing a particular religion (a violation of the establishment clause)
Supreme Court stated any concern over establishment was outweighed by 1st Amendment rights of students to practice their religion(s)
MEMBERSHIP
Christian Legal Society v. Martinez (2010) addressed whether an organization could deny membership to gay students
Religious group at University of California, Hastings School of Law wanted to deny membership to gay students based on values
Supreme Court ruled 5-4 that as a public institution, they could not deny membership based on sexual orientation
Rulings involving private institutions have been decided differently
TAKE AWAY POINTS
Courts have ruled 1st Amendment rights of speech, assembly, and religion are paramount
Institutions cannot act in loco parentis
Organization recognition processes must be followed & cannot be denied because of controversy of speech
Membership cannot be denied at public institutions based on protected classes
PRACTICAL APPLICATION
Differences between public and private institutions
What constitutes a “state actor”
Organization recognition
Right to assemble
Free speech
DISCUSSION: YOUR CAMPUSES
What potential legal issues do you notice on your campus? Illegal movie showings Club/organization recognition Group privileges (room use, etc.)
Have you heard buzz of current issues on your campus or elsewhere?
Now that you know a bit about the Constitution and student activities, do you have any concerns about your policies and programming?
What are some issues you could see arising, perhaps at another university?
REFERENCES
Christian Legal Society v. Martinez (2010)
Healy v. James (1972)
Peck, A.M. (2005). Due process and fairness in student affairs: How to do all that is due. The Bulletin, 73(2).
Widmar v. Vincent (1981)
Zirkel, P.A. (2010). The first amendment and higher education students: Part I, the religion cases. West’s Education Law Reporter, 983, 1-7.
Zirkel, P.A. (2010). The first amendment and higher education students: Part II, the secular cases. West’s Education Law Reporter, 947, 1-18.