What Advising Administrators Need To Know about Legal Issues NACADA Executive Office Kansas State University 2323 Anderson Ave, Suite 225 Manhattan, KS Phone: (785) Fax: (785) © 2012 National Academic Advising Association The contents of all material in this presentation are copyrighted by the National Academic Advising Association, unless otherwise indicated. Copyright is not claimed as to any part of an original work prepared by a U.S. or state government officer or employee as part of that person's official duties. All rights are reserved by NACADA, and content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of NACADA, or as indicated below. Members of NACADA may download pages or other content for their own use, consistent with the mission and purpose of NACADA. However, no part of such content may be otherwise or subsequently be reproduced, downloaded, disseminated, published, or transferred, in any form or by any means, except with the prior written permission of, and with express attribution to NACADA. Copyright infringement is a violation of federal law and is subject to criminal and civil penalties. NACADA and National Academic Advising Association are service marks of the National Academic Advising Association. The Global Community for Academic Advising Mark A. Taylor, JD, PhD Assistant Provost for Undergraduate Education Senior Assistant Dean for Undergraduate Studies University of Kentucky Academic Advising Administrators’ Institute February 2012 San Diego, California

The Global Community for Academic Advising No Law Degree Required An Ounce of Prevention Of Course You Can Appeal

The Global Community for Academic Advising Legal Considerations Academic Abstention Law of Agency Legal Duty to Students

The Global Community for Academic Advising Contract Law Mean What You Say & What You Write Reasonable Changes & Reasonable Notice Detrimental Reliance

The Global Community for Academic Advising Due Process Constitutional Law Procedural v. Substantive Academic v. Non-Academic

The Global Community for Academic Advising Due Process Public v. Private Property v. Liberty Interests

The Global Community for Academic Advising Negligence Advising Torts Duty, Breach, Causation, and Damages

The Global Community for Academic Advising FERPA Privacy and Access Education Record and Directory Information Other Statutory Considerations

The Global Community for Academic Advising Buck Stops Here Campus Legal Experts Communications Expectations Good News