William A. Kaplin - The Law of Higher Education

First, we maintain a website, hosted by the National Association of College and University Attorneys (NACUA), Washington, D.C. ( www.nacua.org), on which we announce or post pertinent new developments, keying them to this Student Version as well as to the full 6th Edition . For further information on the website and the supplements, see page viiin the front matter of this book.

Next, there is another, very helpful, website: the Campus Legal Information Clearinghouse (CLIC), http://counsel.cua.edu, operated by the General Counsel's Office at The Catholic University of America in conjunction with the American Council on Education, that includes information on recent developments, especially federal statutory and federal agency developments. In addition, there is a legal reporter that reprints new court opinions on higher education law and provides commentary on recent developments: West's Education Law Reporter , published biweekly by Thomson/West Publishing Company, St. Paul, Minnesota.

For news reporting of current events in higher education generally, but particularly for substantial coverage of legal developments, instructors or students may wish to consult the Chronicle of Higher Education , published weekly in hard copy and daily online ( http://www.chronicle.com); or Inside Higher Ed ., published daily online ( http://insidehighered.com).

Other resources will be helpful not only for keeping abreast of recent developments but also for identifying pertinent research. Higher Education Abstracts provides information on conference papers, journal articles, and government and association reports; it is published quarterly by the Claremont Graduate School, Claremont, California ( https://onlinelibrary.wiley.com/journal/21501092). The database of the Educational Resources Information Center (ERIC) ( http://www.eric.ed.gov), sponsored by the U.S. Department of Education, performs a similar service encompassing books, monographs, research reports, conference papers and proceedings, bibliographies, legislative materials, dissertations, and journal articles on higher education. In addition, the IHELG monograph series published each year by the Institute for Higher Education Law and Governance, University of Houston Law Center, provides papers on a wide variety of research projects and timely topics.

Two specialty journals provide extended legal analysis on recent developments as well as classical concerns: the Journal of College and University Law , published quarterly by the National Association of College and University Attorneys (NACUA) and focusing exclusively on postsecondary education; and the Journal of Law and Education , which covers elementary and secondary as well as postsecondary education, and is published quarterly by Jefferson Law Book Company, Cincinnati, Ohio.

Although the specific goal of this Student Version is to support the effective teaching and learning of higher education law, its broader goal is much the same as the goal for the full 6th Edition and its predecessor editions, as set out in their prefaces. This goal is to provide a base for the debate concerning law's role on campus; for effective relationships between administrators and their counsel; and for improved understanding between the academic and legal worlds. The challenge of our age is not to remove the law from the campus or to marginalize it. The law is here to stay, and it will be more a beacon and less a fog. The challenge is for law and higher education to accommodate one another, preserving the best values of each for the mutual benefit of both. Just as academia benefits from the understanding and respect of the legal community, so law benefits from the understanding and respect of academia.

August 2019

William A. Kaplin, Winchester, VA

Barbara A. Lee, New Brunswick, NJ

Neal H. Hutchens, Oxford, MS

Jacob H. Rooksby, Spokane, WA

Many persons graciously provided assistance to us in the preparation of The Law of Higher Education, Sixth Edition, Student Version . We are grateful for each person and each contribution listed below, and for all other support and encouragement that we received along the way.

We are grateful to colleagues whom we invited to update sections of the manuscript because of their special expertise. The work of our contributors is identified by a footnote reference at the beginning of each section that they revised.

Randolph M. Goodman and J. Barclay Collins, partners at K&L Gates, LLP in Washington, DC, assisted by Kristin A.M. Hoeberlein, an associate at the firm, and Alexander M. Goodman, a law student at University College London, revised and updated all of the sections on tax law in the Sixth Edition . Elizabeth Minott, Senior Associate General Counsel at Rutgers University, revised and updated the subsection on laws regulating computer networks in Chapter 13 of the Sixth Edition . Nikaela Jacko Redd. Esq. of Silver Spring, MD, edited and updated Chapter 12of the Sixth Edition , a portion of which appears in this Student Version .

Various colleagues reviewed sections of the sixth edition manuscript, providing helpful feedback on matters within their expertise and good wishes for the project: Steven J. McDonald, general counsel, Rhode Island School of Design; Michael A. Olivas, the William B. Bates Distinguished Chair in Law at the University of Houston and former Interim President of the University of Houston Downtown; Jean McDonald-Rash, Associate Vice President for Enrollment Management, Rutgers University; and Frank Fernandez, Assistant Professor, Department of Educational Leadership and Policy Studies, University of Houston.

Our research assistants provided valuable help with the manuscript: Matthew Beddingfield, Meg Collins, Maggie Cooney, and Alexandra Popovnak assisted Jacob, who sends special thanks to Vinay Harpalani, Nathan A. Kottkamp, Colin P. McCarthy, and Nicole Prieto for their help and contributions to Chapter 14 of the full 6th Edition , which are noted as they appear in that chapter. Edward Phillips assisted Neal.

Barbara Kaplin typed manuscript inserts and maintained files as needed, and Joann Segarra at Rutgers University created several of the figures used throughout the book.

Gary Pavela kept us well supplied with issues of The Pavela Report . We are also grateful for the excellent work of Caroline Maria Vincent, who managed the entire production process, Richard Walshe, the copy editor, and the group at Cape Cod Compositors, Inc., who created the indexes. Their attention to detail and their helpful suggestions played an important role in readying the manuscript for publication.

The National Association of College and University Attorneys (NACUA) has hosted a website for several years on which we could post updates to the Fifth Edition and Student Version , and now the Sixth Edition and its progeny. The website also contains our Instructor's Manual for faculty who adopted either the treatise or the Student Version as a classroom text. NACUA and its CEO, Kathleen Curry Santora, have supported our work in countless ways for over a decade, and we are most grateful to Kathleen and her staff for their support and encouragement. NACUA publications, particularly The Journal of College and University Law and NACUANotes , also provided us with important information and guidance in the development of most sections of the Sixth Edition.

Our spouses and families once again tolerated the years of intrusion that successive editions of “the book” have imposed on our personal lives. They encouraged us when this sixth edition seemed too overwhelming to ever end. And they looked forward (usually patiently) to the time when the sixth edition would finally be finished—and we would get a little breathing space before any of us dare mention the forbidden words “seventh edition.”