Legal Issues in Advising

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Legal Issues in Academic Advising*

Overview Legal Issues for Advisors: A Primer
FERPA including Clearinghouse overview addressing advising issues
Resource Web links dealing with legal issues in academic advising
Frequently Asked Questions regarding legal issues in academic advising

* The resources linked from this page are provided to NACADA members as a service. It is hoped that academic advisors will find the linked information helpful in familiarizing themselves with legal issues that may affect the practice of their profession.

Please note that legal advice must be tailored to the specific circumstances of each case; therefore this information will not substitute for advice from competent counsel. NACADA does NOT provide legal counsel nor answer legal questions.

Web links

Campus Web sites dealing with Legal Issues in Advising

Arizona State University
Catholic University of America includes a variety of information regarding legal issues in higher education
Fort Hays State University Legal and Ethical Issues in Advising
Maricopa Community College District FERPA & College Records
Michigan Tech
- information over the phone
- Privacy policy
University of Texas at Arlington
University of Wisconsin-Milwaukee FERPA for Parents
Worchester Polytechnic Institute Legal Issues in Career Advising

Confidentiality. FERPA (Family Education Rights & Privacy Act)
- Education Department Reworks Privacy Regulations via 12/09/08 Wall Street Journal
- FERPA updates US Department of Education 12/09/08
- Confidentiality agreements for student workers
  - St. Olaf College
  - SUNY student worker confidentiality contract
- FERPA Clearinghouse overview addressing advising issues. FERPA: Basic Guidelines for Faculty and Staff, A Simple Step-by-Step Approach For Compliance
- The Family Rights and Privacy Act: 7 Myths — and the Truth via The Chronicle* April 18, 2008 article
- email guidelines for students and advisors
- FERPA via US Department of Education Family Policy Compliance Office
- FERPA Fun: Access to Student Educational Records
  AACRAO Guide for Recruiters and Student Records Managers (search for FERPA)
- FERPA Training via University of North Texas
- Federal regulations affecting higher education via University of Colorado Denver
- FERPA Guidelines
  - Connecticut College Parental notification at Conn
  - Landmark College Office of Parent Services: FERPA Memo
  - University of Illinois What is FERPA?
  - University of Connecticut Guidelines for Faculty Relating to Educational Records
- Fuzzy Understandings of FERPA via Inside Higher Education
- Guidelines for advisors' notes
  - Appalachian State University
  - Missouri State University Advising Notes and Guidelines for Advising Notes
  - Northeastern State University
  - University of North Carolina at Wilmington (page down to 'advising notes')

Updated privacy law addresses student safety via E-school News
Release of information to parents/spouses
Students, Parents, Colleges: Drawing the Lines (may need Chronicle login and password)
Colleges struggle with privacy laws via The Seattle Times

Contract issues via the London Times
Copyright issues
- Copyright issues via The Publishing Law Center
Council on Law in Higher Education web site
Disabilities legal resources via AHEAD
Due Process for students and American Civil Liberties Union Students' Rights
Ethics and Legal Issues in Advising Interest Group
FindLaw for education
Legal issues in higher education via the American Association of University Professors
LexisNexis Find a Lawyer #
Liability for misadvising
- Overview of the issues
- Sain vs. Cedar Rapids
"Litigious Students and Academic Disputes" in the Chronicle of Higher Education*, November 8, 2002
Making Accommodations: The Legal World of Students with Disabilities
Mentor article: "Are Advisers Risking Lawsuits for Misadvising Students? "
Online/email advising policies via the Clearinghouse
Posting of grades using Social Security Numbers
- University of North Carolina Greensboro

University of Pennsylvania

Practical Legal Concepts for Faculty Advising, chapter in the book Faculty Advising Examined
Using Social Security Numbers as Student ID

* Note: you may need your institution's password for the Chronicle site

# Listing of commercial sites does not imply NACADA endorsement

Frequently Asked Questions from Academic Advising: Campus Collaborations to Foster Retention

Q. What exactly is involved if a student is misadvised? If it takes them an extra year to graduate because an advisor or faculty advisor told them something incorrect, can the university be sued? Is the requirement waived? Is the institution required to cover extra tuition or loss of possible salary?

First of all, I am not a lawyer. The law, specific state statutes, the type of institution (etc.) all have a bearing on possible litigation. Always consult a lawyer on issues such as the one raised above. It is virtually impossible to provide a thorough response to this question. The main issues here are:

nearly everything related to advising from a legal standpoint falls under contract law.
in contract law, if the issue is litigated and found on behalf of the student, the courts would make the college uphold (make good on) the contract. And, it is possible that the institution would be ordered to provide tuition, room/board, expenses, and an amount of foregone income BUT THAT IS A MATTER WHICH THE COURT DECIDES.
In contract law, there are no punitive damages. Those come about in tort law.
Many institutions have an individual who deals with academic exceptions and, in some cases, this individual can mediate a solution which eliminates the possibility of litigation.

Wes Habley
ACT, Inc.

'86-87 NACADA President

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