Reference no: EM133373795

Question: 1. Addressing Legal and Risk Management IssuesJohn Wesley LoweryGehring (2000) observed, "The law has definitely arrived on campus. It permeates every program, policy, and practice of the institution" (p. 371). A decade and half later these words ring with even more truth. Kaplin and Lee (2009) noted that the relationship between the courts and colleges and universities has changed significantly over the past half-century, as the courts abandoned their deferential attitude toward higher education. During the same period, the government became more actively involved in the regulation of higher education (Kaplin & Lee, 2009).In responding to the legal issues that arise on campus, student affairs professionals should not work in isolation, but instead, when appropriate, consult with the campus general counsel or attorney. This consultation can take both a reactive form when litigation is anticipated or imminent and a proactive form as policies and practices are developed. Because of their training to be risk-averse, attorneys often advise clients to avoid potentially litigious choices. As such, direct questions are often answered with a firm "no" (Lake, 2011). As a result, in many cases, a different question is more productive. Instead of asking should the institution do X, ask what are the potential legal consequences if the institution does X, and how can those be effectively managed?When considering the legal and risk management issues that shape student affairs professional practice in the United States, one must consider the various sources of law. These include: federal and state constitutions, federal and state regulations, contracts, and negligence and tort liability. These include both external sources of the law such as constitutions and regulations, as well as internal sources of the law including contracts, and custom and usage. An understanding of this framework for higher education law will offer student affairs professionals an introduction to the legal landscape in which their work must be understood and practiced. This chapter frames these legal and risk management issues around the relationships that colleges and universities routinely have with our students and federal and state governments

1. As you reflect on this reading which specific topic or issue resonates the most with you? Why?
2. What big question relating to student advising remains unanswered?
3. What did you gain from reading these articles?

Question: 2.

Consider the moral, ethical, and legal components of academic and student affairs. Explain your advising philosophy. How do you prepare students for the higher education experience and life after graduation? What responsibilities do you have to your students? When does advising become an ethical and legal consideration?