Higher Ed Law Prof Blog

Publication: Survey says students want more emphasis on social repsonsibility

Read the AAC&U report here.

Law: Arizona bill would prohibit race-based student groups on public campuses

An Arizona legislative committee has passed an amendment to a routine homeland-security bill that would prohibit students at the state’s public universities and community colleges from organizing groups based on race. The amendment was approved by the Arizona House Appropriations Committee on Wednesday. It still awaits a vote by the state’s full House and Senate. Read about it in the Chronicle of Higher Education.
Access the amendment here.

News: The Guggenheim give up on Las Vegas

Read about it in the LA Times.

Event: An international conference in Canada in July

Read about it and register here.

Opinion: A year after VTU, profiling still worth considering on campuses

by Jim Castagnera
When the police use profiling, it's condemned as racist. When the customs service does it, it's similarly assailed as discriminatory and unconstitutional. Still, it's being done. Travel & Leisure magazine reported not long ago, "The Transportation Security Administration (TSA) recently began rolling out a new security program, Screening Passengers by Observation Techniques (SPOT), at dozens of airports around the country." Time magazine explained, "TSA employees will be trained to identify suspicious individuals who raise red flags by exhibiting unusual or anxious behavior, which can be as simple as changes in mannerisms, excessive sweating on a cool day, or changes in the pitch of a person's voice." Although such techniques invariably arouse the ACLU, should high schools and universities consider adopting them?

Before you answer, consider the case of Dawson College. On September 13, 2006, Kimveer Gill parked his car in downtown Montreal, removed a cache of weapons from the trunk, forced a passerby to carry his extra ammunition, and walked the short distance to the college's campus. At the main building's back entrance he opened fire on students standing on the steps. His hostage ran off with the extra ammunition as Gill entered the building and walked to the cafeteria, where he shot two students. Ordering the others in the room to lie on the floor, he fired randomly until police arrived. Taking two more hostages, he attempted to escape until, shot in the arm, he took his own life. The toll: one student dead, 19 more wounded.

Police later found Kimveer Gill's profile posted on a website called VampireFreaks.com. [http://www.vampirefreaks.com/ ] In the accompanying photo he wore a black leather trench coat and sports a Beretta Cx4 Storm semi-automatic carbine, one of four guns he took to Dawson College. Visit VampireFreaks.com today and you can purchase "cyber-gothic clothing" on a related link called clothing@F-TheMainstream, and read featured interviews with "Velvet Acid Christ," "Zombie Girl," and "Grendel." Gill's own VampireFreaks screen name was "fatality 666." His last login was at 10:35 AM on the day of the shootings.

In the aftermath of the Dawson College shootings, the so-called "Goth" subculture came under sharp attack in the media. Hardly a high school or a college on the North American continent is without its clique of Goth enthusiasts in their leather, chains, piercings, tattoos and bizarre hairstyles. Operators of Goth shops and websites found themselves defending the lifestyle and adamantly disavowing violence. Some expressed shock at the 55 graphically violent pictures posted on Gill's VampireFreaks web page.

Gill also turned out to be a big fan of the video game "Super Columbine Massacre RPG." Go to the game's web site shortly after last year's VTU massacre [http://www.columbinegame.com/ ] and you found this statement about the Virginia Tech massacre: "This week, the press is awash with stories about the shooting at Virginia Tech - the deadliest in recent history. Will we remember this tragedy in a week? In a month? In the years to follow? I certainly hope so. I hope we can learn from such sobering events as Virginia Tech, as Dawson College, Ehrfurt, Columbine and all the other horrific shootings modern society has endured. So often the potential for another shooting is just around the corner should we forget the lessons history has to offer us. This process of reevaluation, introspection, and a search for understanding is the value I believe my video game offers to those who play it." The author, site owner Danny Ledonne is said to have vomited when he learned that Gill was a fan. Presumably Gill wasn't participating for "reevaluation, introspection, and a search for understanding."

VampireFreaks and Super Columbine Massacre persist on the web, despite their appeal to the Kimveer Gills out there. No one has definitively proven a clear cause-effect-relationship (albeit the Alabama Supreme Court last year reinstated a $600 million lawsuit against the makers of video game "Grand Theft Auto," which the plaintiffs blame for the shooting deaths of two police officers and a dispatcher in 2003).

As Goth enthusiasts and video gamers alike point out, tens of thousands of adherents never commit a violent crime. In the absence of a clear causal connection between violence-glorifying cults and games on one hand and campus shooters on the other, academic freedom argues against profiling Goths and gamers as potential threats. And yet … as horrific incidents multiply down the decades, administrators might be forgiven for considering closer scrutiny of students who fall into these categories.

Even school administrators who shy away from "profiling" might welcome increased sensitivity among their student bodies. "Snitching" about suspect behavior may not be cool, but it could be crucial. A live-and-let live attitude in residence halls is probably no longer appropriate in our post-VT world ... anymore than a laissez faire attitude at our airports would make any sense in this post-9/11 age of international terror.

(Jim Castagnera, formerly of Jim Thorpe, is the Associate Provost/Associate Counsel at Rider University. A collection of his "Attorney at Large" columns is available at www.lulu.com.)Here
Vampirefreaks.com
Super Columbine Massacrre Game

Read what colleges are doing along these lines in the Chronicle of Higher Education.

Article: In 2001 reports of Catholic Higher Ed's death were premature

Read the dire prediction in a 2001 issue of America Magazine.

Article: Civil and Canon Law Issues Affecting Catholic Higher Ed

Access the article here.

Law: Pope tips his hat to academic freedom

Read about his speech in the Chronicle of Higher Education.
And in Inside Higher Education.

Law: The Pope meets victims of sex abuse

Read the details at NPR.

"Attorney at Large": Priests and Pedophiles, Pain and Puffery
By
James Castagnera
      The Pope’s U.S. visit brought the Catholic Church’s sexual abuse scandal back into the media spotlight.  Several victims of abuse by priests met with the Pontiff to express their pain and accept a Papal apology.  Beyond a doubt these guys deserved that apology.  They probably also are entitled to whatever monetary settlements they won.
       That being said, let’s put the never-ending cycle of litigation and media attention into perspective.  The John Jay Report commissioned by the U.S. Conference of Catholic Bishops came up with documented accusations against 4,392 priests, about 4% of all priests who served in the U.S. from 1950 to 2002.  If accurate, this is said by other researchers to be a percentage approximately equivalent to the estimated number of abusive educators compiled by the U.S. Department of Education.  Other investigators contend that the percentage of guilty priests is as low as one to two percent.
       No amount of sexual abuse is acceptable and cover-ups are even more despicable. It’s the cover-ups that have cost the American Church big bucks and bad press.  In the closely related realm of sexual harassment the courts, led by the U.S. Supreme Court, have fashioned rules to insulate employers from liability when they put policies in place to prevent hostile working environments and take prompt action in response to harassment allegations.  The Catholic bishops should have done the same.  Their parishioners are paying the price of their failures.
        And that having been said, let’s try for a bit of balance.  In the 19th century, New York Sun editor John B. Bogart observed, "When a dog bites a man, that is not news. But if a man bites a dog, that is news.”  Put another way, the media don’t usually report on the plane that didn’t crash.   I attended St. Joseph’s Elementary School in Jim Thorpe for eight years, then Marian Central Catholic High for four more.  During many of those 12 years I was also an altar boy.  I knew a lot of priests.  While I perhaps wasn’t the cutest kid to ever don a cassock, I wasn’t beaten with an ugly stick either.  Yet through all those years and all that contact with priests young and old, fat and skinny, shy and gregarious, pious and puckish, I was never propositioned, fondled, or otherwise inappropriately approached.  Just as most priests can honestly say they never strayed down the pedophile path, I’m sure most former altar boys could join me in saying the experience left me with nothing but happy memories.
       And, lastly, let it also be said that the endless cycle of scandal and litigation has brought the nuts out of the tree branches.  One priest I’ve come to know and respect in my professional life was accused a few years ago by a young woman of having abused her as a girl.  The accusation hit the front pages of the local newspapers and made all channels for the 11 o’clock news.  The priest, by then in late middle age, was forced to take a leave of absence from his post and retreat to one of his order’s monasteries.  About a year later, his name was cleared and the prosecutor’s charges were dropped.  To its credit, the larger and more respectable of the city’s daily papers reported the exoneration on page one.  To my knowledge the town’s tabloid, which had splashed the accusation across its entire front page, was shamefully silent about the subsequent clearing of the padre’s good name.  Naturally, his crazy accuser was judgment proof.  No defamation damages compensated this good father for his suffering.
         All this having been said, I will wait for this piece to appear in print and brace myself for the stones that no doubt will fly my way for my temerity in defending the priests who didn’t transgress and the Church that gave (and still gives) so many in my family comfort in times of tragedy and in old age.  So be it… it needs to said.
[Jim Castagnera, formerly of Jim Thorpe, is the Associate Provost/Associate Counsel at Rider University.  A collection of his “Attorney at Large” columns is available at www.lulu.com.]Access the collection here.

Now Just for You…

Faculty Focus is now bringing you the articles and information you can use in a weekly newsletter.

We know you’re busy, so we’ve taken our monthly newsletter and trimmed it down to sizeable bits of information sent to you weekly. You’ll still get all the great reliable content you’ve come to know and trust from Magna Publications - now in a format that will make it easier to get your info and get on with your day.

Look for our free weekly newsletter in your inbox starting in May!

Please let us know what topics are important to you! If you have a suggestion for an article for a future issue of this newsletter, contact us at editor@magnapubs.com.

Events: Is this what we mean by "Study Abroad"?

Ad campaign seems to promise a sexy experience in New Zealand.Read about it in the Chronicle of Higher Education

Evaluate the promotional video here.

Visit the website behind this promotion here.

Event: Latin American travel deals

On offer here.

Publication: Marty Latz's latest column

As I’ve noted before, Consumer Reports has found more than 90 percent of shoppers who tried to negotiate a better deal on goods and services got one -- on furniture, electronics, appliances and even medical bills.

So go online and find out who will negotiate. Also ask friends who shop a lot, work in retail or recently bought the item you want to purchase.

If you can find some precedent of a store’s negotiation history, you often can use this to get a better deal. If it was fair to sell X to Pat at a 15 percent discount, it should be fair to sell X to you at that price, too.
You might even ask a professional shopper which stores negotiate and how much flexibility they have.
2.   Find a Plan B and C.

The most important negotiation element in many consumer negotiations is to comparison-shop on pricing and availability.

A highly successful businessman friend has a policy in his house: Get at least three bids on every major purchase. It’s a good policy and one that reflects the Internet’s disproportionate empowerment of consumers over retailers.
With this policy, my friend and his wife create leverage in their negotiations by developing a Plan B and C to every initial bid. And while they don’t always go with the lowest bid off the bat, it gives them the power to pick their preferred vendor or store and negotiate.
3.  Don’t compromise your ethics.

The New York Times article mentioned an individual who negotiated a better price on some pants at a Polo Ralph Lauren store in part by noting that the pair on the rack looked worn -- even though he did not really think so.

Don’t do this. And don’t tell a salesperson you can get an item cheaper elsewhere if it’s not true.

First, these tactics usually are ineffective, as most stores will require proof of their competitors’ prices before matching.
Second, it’s crossing the ethical line. These statements simply are not true, and you don’t want this reputation -- in retail or anywhere. It’s too small a world, and your reputation is too important to risk.
4.  It costs nothing to ask.

Finally, consider the value of your time and your psychological feelings in determining whether you even want to go down this path.

While it doesn’t technically cost you anything to ask, just asking will generate a feeling of embarrassment in those who don’t feel comfortable negotiating retail prices.

If this is you, weigh that feeling against your price sensitivity and research in how much you might save by negotiating. Then factor in the value of your time and evaluate whether you even want to ask.

One final piece of advice: Don’t wait until you’re at the register to start negotiating. At that point, the store pretty much knows you’re committed at the listed price.

Instead, start while you’re in decision-making mode, when they know you still could walk. That gives the store substantially more incentive to offer you a deal.

I must admit I was a bit surprised by the recently reported prevalence of negotiating in retail environments. But it makes sense: Our sluggish retail economy is making more stores desperate to sell -- thus giving consumers increased leverage.

Remember this on your next trip to the mall.

Marty Latz can be reached at 480-951-3222 or at mailto:Latz@NegotiationInstitute.com.

Visit his website here.

Event: Optimizing Employee Relations in Union and Non-Union Environments

A workshop on offer from the Philadelphia mega-firm of Saul Ewing.Register here.

Publication: Last chance to participate in IIE "Trans-Atlantic Dual Degree" Survey

Access the survey here.

Publication: SUbscribe to Jury Verdict Analysis Service here

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Law: Supreme Curt holds lethal injection to be a humane means of execution

Read the story in the LA TImes.

This marks a defeat fro Professor David R. Dow of the University of Houston and colleagues at the Texas Defender Service.Read an earlier interview with Prof. Dow here.

Visit the Texas Defender Service website here.

Publications: Articles Archive available from Emerald Group

Dear Dr James Ottavio Castagnera,

As you may be aware, Emerald Group Publishing Limited has recently acquired a large proportion of Elsevier’s Social Science book series and textbook publishing programme. Over 200 book series and almost 300 books have been added to the Emerald portfolio, and we are looking forward to contributing to the ongoing successful development of all titles.

This acquisition is one of the most significant in Emerald’s history, and strengthens our presence in many subject fields. We also welcome the fact that the acquisition takes us into new and exciting areas of research and practice, including Language and Linguistics, Sociology, Psychology, and Politics and Policy, to name a few.

Information about the range of titles acquired can be found at: http://info.emeraldinsight.com/products/series/index.htm. Further details will be added here in due course, along with information about the forthcoming Emerald Bookstore.

We are currently in the midst of integrating these many and varied titles, but will continue to update you on progress over the coming year. There are a number of ways in which existing Emerald Editors and contributors can get involved with this publishing programme in the future – from proposing a new volume within an existing book series to proposing a brand new book series, and we look forward to talking to you about these opportunities. Please either contact your Publisher in the first instance, or one of the Commissioning Editors below for more information:

Sarah Kennedy (skennedy@emeraldinsight.com): Accounting and Finance, Business Law and Ethics, Politics and Policy

Rachel Brown (rbrown@emeraldinsight.com): Enterprise and Innovation, Environment, Language and Linguistics, Management Studies, Organization Studies, Psychology, Strategy

Claire Ferres (cferres@emeraldinsight.com): Health Care, Industry and Public Sector Management, International Business, Marketing, Operations and Logistics, Sociology and Anthropology, Tourism and Hospitality

Diane Heath (dheath@emeraldinsight.com): Economics, Education, Human Resource Management, Information and Knowledge Management, Library and Information Studies

If you have any questions or comments about the acquisition, we would be pleased to hear from you.

With best regards,

Vicky Williams
Head of Publishing Development
Emerald Group Publishing Limited

vwilliams@emeraldinsight.com
http://www.emeraldinsight.com

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Law: Afghan student under sentence of death for criticizing Islam is granted an appeal

International organizations monitoring the case announce the appellate opportunity.Read the report form Bloomberg here.

Visit the website of the organization monitoring the case here.

Law: University of Nevada fires former whistleblower

Associate Professor who blew the whistle on treatment of animals in 2005 is fired for alleged plagiarism.Read the story in the Reno Gazette-Journal

Law: What's new regarding student loans?

1.  Department of Education plans an emergency survey

[Federal Register: April 16, 2008 (Volume 73, Number 74)]
[Notices]               
[Page 20614-20615]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap08-29]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

 
Notice of Proposed Information Collection Requests

AGENCY: Department of Education.

ACTION: Notice of Proposed Information Collection Requests.

-----------------------------------------------------------------------

SUMMARY: The IC Clearance Official, Regulatory Information Management

[[Page 20615]]

Services, Office of Management, invites comments on the proposed 
information collection requests as required by the Paperwork Reduction 
Act of 1995.

DATES: An emergency review has been requested in accordance with the 
Act (44 U.S.C. Chapter 3507 (j)), since public harm is reasonably 
likely to result if normal clearance procedures are followed. Approval 
by the Office of Management and Budget (OMB) has been requested by 
April 10, 2008.

ADDRESSES: Written comments regarding the emergency review should be 
addressed to the Office of Information and Regulatory Affairs, 
Attention: Education Desk Officer, Office of Management and Budget; 725 
17th Street, NW., Room 10222, New Executive Office Building, 
Washington, DC 20503 or faxed to (202) 395-6974.

SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act 
of 1995 (44 U.S.C. Chapter 35) requires that the Director of OMB 
provide interested Federal agencies and the public an early opportunity 
to comment on information collection requests. The Office of Management 
and Budget (OMB) may amend or waive the requirement for public 
consultation to the extent that public participation in the approval 
process would defeat the purpose of the information collection, violate 
State or Federal law, or substantially interfere with any agency's 
ability to perform its statutory obligations. The IC Clearance 
Official, Regulatory Information Management Services, Office of 
Management, publishes this notice containing proposed information 
collection requests at the beginning of the Departmental review of the 
information collection. Each proposed information collection, grouped 
by office, contains the following: (1) Type of review requested, e.g., 
new, revision, extension, existing or reinstatement; (2) Title; (3) 
Summary of the collection; (4) Description of the need for, and 
proposed use of, the information; (5) Respondents and frequency of 
collection; and (6) Reporting and/or Recordkeeping burden. ED invites 
public comment.
    The Department of Education is especially interested in public 
comment addressing the following issues: (1) Is this collection 
necessary to the proper functions of the Department; (2) will this 
information be processed and used in a timely manner, (3) is the 
estimate of burden accurate; (4) how might the Department enhance the 
quality, utility, and clarity of the information to be collected, and 
(5) how might the Department minimize the burden of this collection on 
respondents, including through the use of information technology.

    Dated: April 10, 2008.
Angela C. Arrington,
IC Clearance Official, Regulatory Information Management Services, 
Office of Management.

Federal Student Aid

    Type of Review: New.
    Title: FFEL School Survey.
    Abstract: This emergency survey requests information on the 
institution's ability to access FFEL loans for the current academic 
year. In addition, the Department requests to confirm that these 
institutions have secured lenders for academic year 2008-09 and a list 
of those lenders.
    Additional Information: The Department is requesting emergency 
clearance for an electronic survey to be sent to approximately 4,500 
financial aid administrators at institutions that participate in the 
Federal Family Educational Loan (FFEL) Program. The FFEL school survey 
requests information on the institution's ability to access FFEL loans 
for the current academic year. In addition, the Department requests to 
confirm that these institutions have secured lenders for academic years 
2007-08 and 2008-09, and a list of those lenders. The purpose of the 
survey is to ensure continued access to federal loans by monitoring any 
problems that institutions may be experiencing in accessing FFEL loans 
for both the current 2007-08 and 2008-09 academic years. The approval 
is requested by Thursday, April 10, 2008.
    Frequency: One time.
    Affected Public:
    Businesses or other for-profit; Not-for-profit institutions; State, 
Local, or Tribal Gov't, SEAs or LEAs.
    Reporting and Recordkeeping Hour Burden:

    Responses: 4,500.
    Burden Hours: 450.

    Requests for copies of the proposed information collection request 
may be accessed from http://edicsweb.ed.gov, by selecting the ``Browse 
Pending Collections'' link and by clicking on link number 3658. When 
you access the information collection, click on ``Download 
Attachments'' to view. Written requests for information should be 
addressed to U.S. Department of Education, 400 Maryland Avenue, SW., 
LBJ, Washington, DC 20202-4537. Requests may also be electronically 
mailed to the Internet address ICDocketMgr@ed.gov or faxed to 202-401-
0920. Please specify the complete title of the information collection 
when making your request.
    Comments regarding burden and/or the collection activity 
requirements should be electronically mailed to ICDocketMgr@ed.gov. 
Individuals who use a telecommunications device for the deaf (TDD) may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.

 [FR Doc. E8-8119 Filed 4-15-08; 8:45 am]

BILLING CODE 4000-01-P

2.  How to pay for college in uncertain times: Excerpts from a Greentree Gazette webnar 

3.  Solution to Loan 'Crisis' May Create Bigger Problems

By PAUL BASKEN

   

Washington

In its latest effort to calm a few jittery colleges and politicians, the Education Department set off this month to develop, in just 11 weeks, an entirely new system for distributing federally guaranteed student loans in the event of a "crisis" in the government-backed system.

But even department leaders don't expect the proposed new "lender of last resort" system, in which the federal government would make sure students could find loans if a loan emergency were declared, will be necessary, and many college representatives and student-aid advocates worry it could eventually create more problems than it solves.

"Things that are done quickly and put in place without a lot of assessment and analysis sometimes are easily subject to abuse," said Terry W. Hartle, senior vice president for government and public affairs at the American Council on Education.Read the complete analysis in the Chronicle of Higher Education.

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Law: What criteria should our national accrediting organizations use

SACS says financial solvency should serve as a placeholder for academic excellence.  Using that standard it has been trying to yank Hiwassee College's accreditation for years.  The 11th Circuit recently moved SACS a big step closer to success:

United States Court of Appeals,Eleventh Circuit.HIWASSEE COLLEGE, INC., Plaintiff-Appellant,
v.
The SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS, Defendant-Appellee.No. 07-13033.April 14, 2008.Kent M. Weeks, Weeks, Anderson, Russell, Haynes & Baker, Nashville, TN, Warner R. Wilson, Jr., Wilson & Epstein LLC, Atlanta, GA, for Plaintiff-Appellant.

Patrick W. McKee, Newnan, GA, Jason R. Edgecombe, King & Spalding LLP, Letitia Arrington McDonald, Atlanta, GA, Sammie Mark Mitchell, McKee & Mitchell, Auburn, GA, for Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Georgia. D.C. Docket No. 05-00951-CV-JOF.

Before BARKETT and FAY, Circuit Judges, and ANTOON,^FN* District Judge.

FN*  Honorable John Antoon, III, United Stated District Judge for the Middle District of Florida, sitting by designation.

PER CURIAM:

*1 Hiwassee College, a small private faith-based two-year residential college located in rural Madisonville, Tennessee, appeals from the district court's grant of summary judgment to the Southern Association of Colleges and Schools (“SACS”), the private accrediting agency responsible for accreditation decisions in the southern region of the United States. Hiwassee argues in removing its accreditation, SACS failed to comply with its own requirements, and denied Hiwassee due process under the common law, the Higher Education Act (“HEA”), and the Fifth Amendment of the Constitution. We affirm the district court decision that SACS is entitled to judgment as a matter of law.^FN1

FN1.  We review a district court's grant of summary judgment de novo, viewing the evidence in the light most favorable to the nonmoving party.  Kelley v. Hicks, 400 F.3d 1282, 1284 (11th Cir.2005). Summary judgment is appropriate where there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c).

As a preliminary matter, Hiwassee's argument that the HEA provides Hiwassee with a private right of action is foreclosed by this Court's opinion in McCulloch v. PNC Bank Inc., 298 F.3d 1217, 1224 (11 Cir.2002), in which we expressly declined to find an implied private right of action under the HEA. ^FN2 Finding no reason to revisit this well-established precedent, we affirm the district court's ruling that Hiwassee does not have an express nor implied right of action to sue SACS under the HEA.

FN2.  Hiwassee argues that McCulloch is distinguishable because it dealt only with parents seeking to sue regarding student loans and not with a college challenging the termination or withdrawal of accreditation. Our analysis in McCulloch reveals, however, that even if the party seeking a private right of action under the HEA was deemed to be of a class that the HEA was intended to protect, the second and most important prong of the Cort v. Ash, 422 U.S. 66 (1975) analysis would still bar the finding of an implied private right of action. Id. at 1222 (finding that there is no explicit or implicit indication of legislative intent to create a private right of action).

We also reject Hiwassee's argument that SACS is a governmental actor bound by the Fifth Amendment's due process clause.^FN3 While this is an issue of first impression for our Court, the overwhelming majority of courts who have considered the issue have found that accrediting agencies are not state actors. See e.g., McKeesport Hosp. v. Accreditation Council for Graduate Med. Educ., 24 F.3d 519, 524-25 (3d Cir.1994);  Chicago Sch. of Automatic Transmissions, Inc. v. Accreditation Alliance of Career Schs. & Colls., 44 F.3d 447, 449 n. 1 (7th Cir.1994). Absent any persuasive authority to the contrary, we are not persuaded that SACS's determination to terminate Hiwassee's accreditation constituted state action.

FN3.  Hiwassee argues that the “pervasive entwinement” analysis recently used by the Supreme Court in Brentwood Academy v. Tenn. Secondary Sch. Athletic Ass'n, 531 U.S. 288 (2001) should be extended to apply to accrediting agencies. Even were we to do so, however, the record before us would not allow us to find that the Department of Education (“DOE”) is pervasively entwined with SACS for the same reasons that their relationship fails to satisfy the joint action test for state actors: SACS is self-governed and receives no funding from the federal or state governments; SACS determines its own membership in accordance with its own standards; DOE has never delegated to SACS its authority to terminate federal funds; and Hiwassee maintains contact with the DOE and federal government absent involvement with SACS. Though SACS is undoubtedly governed by the requirements delineated by Congress in the HEA for recognition of accrediting institutions, this alone does not outweigh the factors indicating that SACS is in fact a private, independent entity.

Without deciding whether accrediting agencies “have a common law duty to employ fair procedures when making decisions affecting their members,” Thomas M. Cooley Law School v. The Amer. Car. Ass'n, 459 F.3d 705, 711 (6th Cir.2006),^FN4 we agree with the district court that SACS complied with any common law due process requirements in terminating Hiwassee's accreditation. Hiwassee never argues that it was actually in compliance with SACS's accreditation criteria. The procedural components of Hiwassee's argument fail to show a violation of common law due process, or that SACS's decision to terminate Hiwassee from membership based on its continuous troubled financial condition was arbitrary and capricious.

FN4.  We apply the standard of review delineated in Cooley, and review “only whether the decision of an accrediting agency such as [SACS] is arbitrary and unreasonable or an abuse of discretion and whether the decision is based on substantial evidence.” Id. at 712.

Accordingly, the judgment of the district court is AFFIRMED.^FN5

FN5. We note that on June 8, 2007, the district court granted Hiwassee's emergency motion to stay the district court's June 1, 2007 order pending this appeal. In conjunction with this opinion, we hereby vacate the emergency stay so that the district court's June 1, 2007 order may take immediate effect.

C.A.11 (Ga.),2008.
Hiwassee College, Inc. v. Southern Ass'n of Colleges and Schools
Slip Copy, 2008 WL 1701694 (C.A.11 (Ga.))

Middle States favors an emphasis on learning outcomes.  This would seem to be a better standard than financial soundness, but is it really the best?Read Castagnera's take on this in the Greentree Gazette.

Law: Virginia Tech, One year later

Not surprisingly, the campus is still jittery one year after the horrific massacre.Read more here.

The story of one surviving student who's making a run at returning to normal.From the Rocky Mountan News.

Legal liability for campus shootings:  a year ago Jim Castagnera published a four-part series in the Greentree  Gazette.Read it again here.

VTU families settle.Read the details here.
 

Law: Is capital punishment too severe for child rape?

Coker v. Georgia (1977) held that capital punishment was too cruel and unusual for adult rape.  Fact was that almost all defendants executed for rape were African Americans.Read more about the landmark decision here.

But does it make a difference if the rape victim is a child?  Five states, including Louisiana, say yes.  The Supreme Court today will consider whether to deem capital punishment for child rape constitutional.  The case is a difficult one in that the defendant,a step dad, initially called 911 and reported that two boys raped his step daughter.  The child initially confirmed that story.  Two years later, alelgedly threatened with foster care, she recanted and named the parent.Read more in USA Today.

Stanford Law Professor Jeffrey Fisher will argue the defendant's case.

                           

A leading Supreme Court litigator and nationally recognized expert on criminal procedure, Jeffrey Fisher has argued several and worked on dozens of other cases before the U.S. Supreme Court. His successes include bringing and winning the landmark cases of Blakely v. Washington, in which the Court held the Sixth Amendment right to a jury trial applies to sentencing guidelines and Crawford v. Washington, in which he persuaded the Court to adopt a new approach to the Constitution's Confrontation Clause.

In 2006, the National Law Journal named Professor Fisher one of the 100 Most Influential Lawyers in America. In addition to his Supreme Court practice, Professor Fisher has published several articles on various criminal and constitutional issues, and he speaks regularly to judicial conferences and leading legal organizations. He joined the law school faculty from the national law firm of Davis Wright & Tremaine LLP where he also offered his services pro bono to the National Association of Criminal Defense Lawyers. Professor Fisher clerked for Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit and U.S. Supreme Court Justice John Paul Stevens.

 

Event: Only four days left for early bird savings at NAFSA's international conference next month in DC

Register here.

Publication: Rider University student's honors thesis argues anti-discrimination laws might extend to body art

Various laws such as Title VII of the Civil Rights Act of 1964, the New Jersey Law Against Discrimination, the First Amendment, etc., are sufficiently broad as to allow for the protection of individuals adorned with body art from employment discrimination. Body art is herein defined as the resulting marks of any procedure that changes an individual’s body image in a way different than that of natural progression or aging (e.g. tattoos, piercings, scarring, etc.).
    To determine why a change must occur, one must first understand what brought about the need for such a change. Industrial/organizational (I/O) psychologists analyze business settings and contemplate ways of making everyday interactions flow smoother. They apply various techniques such as team building exercises, allowing individuals to work with people who are different than them and creating the understanding that the world is not a stagnant place and, therefore, people must change with the times. Through the eyes of an I/O psychologist it is essential to create a basis of understanding before forcing new and significant analytical ideas on an individual. Only once someone can grasp an idea on an emotional level can they be able to transcend their thought processes to encompass new, innovative ideas.
    More analytical reasons for change can be seen in the legal realm. Laws that have historically been challenged were done so because they possessed a fundamental flaw that made justice impossible to achieve at that point in time. Now-a-days one such law is Title VII of the Civil Rights Act of 1964 which states that it is illegal for an employer to discriminate against an employee of potential employee based on an individual’s “race, color, religion, sex or national origin” (Title VII). Another notable law is the New Jersey Law Against Discrimination which is even more encompassing and broad, stating that employers cannot discriminate based on “race, creed, color, national origin, ancestry, age, marital status,” etc. (NJLAD). Also, the First Amendment to the Constitution of the United States specifies the need for individual’s to possess free speech, including symbolic speech. These are a few of the laws that allow room for interpretation for the protection of adorned individuals from employment discrimination. The percentage of the population that falls into this group has become so staggering that it warrants action.
    In a society where more and more individuals are adorning their bodies with some form of body art, representatives from the business realm must have the foresight to know when change must take place. Nearly half of both employers and employees (46% and 52%, respectively) have either a tattoo or body piercing while two-thirds of them are forced to conceal this body art while at work (Wieland). Our society has become so ridden with body art that controversy could only be the next logical step. When something is not understood by certain individuals, such as many artistic endeavors, then a lens covers the eyes of these individuals that only allow them to be nearsighted and monochromatic in their views. This stifling of artistic expression, as is seen in business hiring policies, decreases society’s ability to function and expand along with an ever-changing world. Not only does the suppression of artistic freedom reduce creativity and free-thinking, but it also borders on legal lines that have been drawn in past decades when lifestyles have seen increased legal protection. These “lifestyle laws,” as they have become referred to, allow for people to freely express themselves without repercussions in the workplace. Instead of creating cookie-cutter drones, these laws are aimed at diversifying the workforce and enabling people to be themselves and act accordingly while still maintaining a safe, productive working environment.
--- Introduction to senior thesis by Student Christopher Glotfelter, Rider University

LA Times story lends support to thesis.

Law: Researchers persist in face of animal rights protesters

Read the story in the Chronicle of Higher Education.

Scientists say they are harassed at home and on the streets.

Universities are providing security at researchers' homes.

Law: Opportunity to comment on draft instructions for IRS 990

The Internal Revenue Service is seeking public comments on the draft instructions  to the 2008 Form 990, the annual return most tax-exempt organizations must use to report information about their operations. The instructions are for the redesigned Form 990 that organizations will file for their 2008 tax year (returns filed in 2009), which was released in final form in December 2007 (IRS news release IR-2007-204).

The IRS is seeking comments from the public on the 2008 Form 990 instructions, in an effort to make sure the final instructions address the needs of the tax-exempt community. The comment period is open until June 1, 2008. Included with the instructions are special highlights lists indicating certain items in the instructions on which the IRS would especially like to receive public comments. As with comments received on the draft Form 990, the IRS plans to post comments on the instructions on its Web site.

The draft 2008 Form 990 instructions are organized according to a consistent format. There is a general overview of the form or schedule explaining its purpose, an explanation of who must file that particular schedule, and then line-by-line instructions to aid in answering each question on the form or schedule.

The draft instructions also contain a number of new tools designed to make it easier for the organization to answer the questions and to promote more uniform reporting. These tools include a comprehensive glossary of terms; a sequencing list to help organizations determine the order in which to fill out parts of the form; a compensation table to help organizations determine how and where to report items of compensation; and many illustrative examples. These aids were developed in response to comments received last year in connection with the draft Form 990.

Comments on the instructions should be e-mailed to the IRS at Form990Revision@irs.gov.   To facilitate posting on the IRS Web site, please e-mail comments in a text (not picture) format. Comments on the instructions received via e-mail will be posted on this website, after removing the submitter's e-mail address.  Comments may also be mailed to:

        IRS
        Draft 2008 Form 990 Instructions, SE:T:EO
        1111 Constitution Ave., NW.
        Washington, DC 20224

Law: Honest Leadership amd Open Government Act

Read the statute here.Download s1.pdf
Read what this means for higher education here.Download HLOGA_memo_041108.pdf

Events and Publications: NACUA Events and Publications announced this week

NACUA Events and Publications

· Registration is now open for NACUA's 48th Annual Conference, June 22 - 25 at the Marriott Marquis at Times Square in New York City. The Conference Brochure has been mailed to all NACUA members and is available on the NACUA website along with the Schedule of Conference Sessions and the Conference Registration Form.  Eligible members may also register for the Pre-Conference Workshop for Lawyers New to Higher Education and for the Pre-Conference Roundtables for New and Recently Appointed In-House General Counsel and for Experienced In-House General Counsel scheduled for Saturday, June 21.

·   The Association for Student Judicial Affairs is hosting a Web Conference entitled Search Me? Legal Issues in Residence Hall Searches, on Thursday, May 1, 2008 at 3:00pm ET, in collaboration with NACUA.

We are proud to announce NACUA's latest publications:
· NEW!  Employment Issues in Higher Education:  A Legal Compendium, Third Edition, edited by NACUA member Deborah C. Brown.
· NEW!  Who Are Your Faculty and Staff?  Background Checks in Academe  by Barbara A. Lee, Steven D. Frenkil, Sandra J. McLelland, and Dickens Mathieu.
· NEW!  Student Risk Management in Higher Education:  A Legal Compendium by Kimberly J. Novak and Art M. Lee.
· NEW!  Legal Issues in Distance Education, a compendium edited by NACUA members Deborah C. Brown, John R. Przypyszny, and Katherine R. Tromble.
· NEW!  The NACUA Handbook For Lawyers New to Higher Education, 2d Edition edited by NACUA member William Thro and NACUA
            Assistant Director of Legal Resources Melissa Rooker.
· NEW!  Immigration Law:  Issues for Faculty and Staff, 2007 Update by NACUA members Mark B. Rhoades and Helen L. Konrad.
· NEW!  Contracting for Large Computer Software Systems by NACUA members Wesley D. Blakeslee and Dennis J. Gallitano.
Access NACUA's website here.

Publication: World Business Directory

Dear Sirs,

In order to have your company registered in the World Business Directory for 2008/2009,
please print out the enclosed form (PDF file), complete and return the form to:

World Business Directory
Suite 149 - Rosden House - 372 Old Street
Ec1v 9au / London - United Kingdom

Updating is free of charge!!
Download wbs_form.pdf

Product: Press Release touts multi-model alert system for campuses

PRESS RELEASE

For Immediate Release

http://www.e2campus.com/PR080414-Louisiana_Invests.htm

More Louisiana Colleges and Universities Invest in Multi-Modal Alert System From e2Campus

e2Campus also recently added new lower pricing for voice message alerts to the Louisiana State Contract for Emergency Notification Services

LEESBURG, VA – April 14, 2008 – Omnilert™, LLC, maker of e2Campus™, the leading emergency notification system for higher education, announced that several Louisiana colleges and universities have recently purchased the e2Campus multi-modal emergency notification system. University officials can quickly and simultaneously push emergency alerts to cell phones, office phones, home phones, email, RSS readers, web pages, digital signage and loudspeakers around campus. e2Campus also added new lower pricing for voice message alerts to the Louisiana State Contract for Emergency Notification Services.

The following schools join University of New Orleans and Xavier University of Louisiana in adopting e2Campus: Baton Rouge Community College, Delgado Community College, Dillard University, and Louisiana State University Health Science Center (LSU-HSC).

Carol Gniady, Executive Director of Public Affairs and Information at Delgado Community College said, “We are extremely pleased with the e2Campus service – from both a technology standpoint and a customer service standpoint. This is one more very efficient vehicle we can use to provide our students with proactive emergency communications.”

In related news, Omnilert recently added new lower pricing for e2Campus Voice Service to the Louisiana State Contract for Emergency Notification Services. The new pricing will go into effect on April 15, 2008. All post secondary institutions and other emergency preparedness or campus-based organizations within the State of Louisiana are eligible to purchase e2Campus without the need for an RFP. If you qualify for this contract and would like to purchase e2Campus, simply create a Purchase Order and send it to Omnilert with the following: State Contract # 407331, Commodity # 725-51-120836, and the quantity of Line # 2, plus any optional Line Items. For options and pricing details, go to: http://doa.louisiana.gov/osp, click on “Contract Search,” and search for the Vendor Name “Omnilert.”

About e2Campus

Endorsed by Security On Campus Inc. and used by more than 500 campuses around the country, e2Campus is the Web-based emergency notification system that enables school officials to self-administer and send time-sensitive messages for a fraction of the cost and complexity of existing notification solutions. There is no traditional software to install, no hardware to buy and no additional phone lines needed. A school can set up a secure notification system in minutes to send routine, urgent or emergency notifications to their entire campus community or smaller groups, such as multiple campuses, residence halls, staff-only or sports news. e2Campus instantly and simultaneously sends multi-modal emergency alerts to a subscriber's mobile phone (via SMS text message), e-mail accounts, RSS reader, and handset phone (via text-to-speech), plus all campus loudspeakers, digital signage, alert beacons, and relevant Web pages. To learn more, visit http://www.e2Campus.com.

About Omnilert

Omnilert, LLC is leading the way in multi-modal mass communications for sending time-sensitive information to large groups of people. The self-service, Web-based system enables a single person to communicate timely information to thousands of people anywhere, anytime, on any device. It is ideal for announcing school closings, game cancellations, weather warnings, terrorist alerts, and marketing promotions. The system is built around a reliable SMS text messaging system that sends content directly to a mobile phone, traditional phone, e-mail address, Web page, RSS reader, digital sign, alert beacon, or loudspeaker. Omnilert solutions are sold under the names e2Campus, Amerilert, RainedOut and through resellers. The privately held company is headquartered in Leesburg, Va., and at http://www.omnilert.com online.

- ### -

Media Contacts:

Bryan Crum, bcrum@omnilert.com, 800-936-3525 x703

Law: Dealing with tipped employees

April 14, 2008                                                             
                                                                            
 Dealing with Tipped Employees: The Implications of the $105 Million        
 Starbucks Verdict                                                          
 In a decision that sent shock waves through the restaurant industry, with  
 implications for businesses that rely upon “tipped employees,” a San Diego 
 Superior Court judge issued a decision in Chau v. Starbucks Corp., Case    
 No. GIC836925, on March 19, awarding more than $100 million to a class of  
 former Starbucks “baristas” in California. The award gave restitution for  
 tips illegally paid to “shift supervisors” through the tip-pooling         
 practice utilized by Starbucks. Not surprisingly, following the court’s    
 ruling, at least three additional class actions accusing Starbucks of      
 illegal tip-pooling practices were subsequently filed in state and federal 
 courts across the country, including in New York, Minnesota, and           
 Massachusetts. More suits are expected, as more than 30 states have        
 enacted some form of “tip” law. The Starbucks verdict and these lawsuits   
 have significant implications for any employer that relies upon “tipped    
 employees.”                                                                
                                                                            
 Click here for the full story >