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Discussion: Sources of Law

Discussion: Sources of Law

Responses
Erin Discussion:

Week One Discussion

Due to the evolving nature of higher education and the impact that laws have had on higher education throughout history, it is important to comprehend the impact that laws have on the institution of higher education. Higher education is driven by the laws and standards that have been set in place by the government (Kaplin & Lee, 2014).

Sources of Law

A great example of a law that has shaped higher education is Title IX of the Education Amendment of 1972. This law regulates that, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance,” (Title Ix Of The Education Amendments Of 1972, 2015). This act has allowed organizations such as LGBTQ+ organizations on campuses throughout the United States with no penalty to it’s students.

Costs and Benefits

Like any industry, higher education is bound to feel both the restrictions and growing pains that come with the law. Some laws are set in place to inspire growth and acceptance, such as the LGBTQ+ community and the regulations set by Title IX. This has been a large factor in students feeling safe on campus and being able to express themselves and find a community while attending school. In other cases, laws can feel like a road block. While higher education does benefit from being regulated and governed, these do not come without a financial cost to the institution such as administration, and people on campus to keep these regulations in place. This can increase the need for funding, and cause discomfort on campus with those who may not agree with certain regulations being put in place.

Kaplin, W. A. & Lee, B. A. (2014). The law of higher education. (5th ed.). Indianapolis, IN:

John Wiley and Sons.

Title Ix Of The Education Amendments Of 1972. (2015). Justice.gov. Retrieved 31 October 2019, from https://www.justice.gov/crt/title-ix-education-amendments-1972

Ayanna Discussion

Laws in higher education are prevalent since forever. No institution is complete without laws and regulations. Some universities and higher education have strict rules and regulations while others have lenient. However, there are some issues associated with the higher education laws, which if addressed are resolved. There are several crimes that are taking place in universities and higher education institutes such as rapes and murders due to which laws are important and becomes inescapable.

The Jeanne Clery Disclosure of Campus Security Police Campus Security Police Campus Crime Statistics Act (Clery Act) also came into being because of a 19-year old girl, Jeanne Clery who was brutally raped and murdered on campus. This crime when exposed brought attention of different universities and police departments and made them impose strict rules and regulations which will help protect the students as well as the university. The campus policies are now becoming transparent and open so that every student is protected. The impact of laws on academia has expanded to become pervasive, expensive and inescapable but at the same time these laws and their presence is important for the universities and higher education system (Carter, 1990).

If there is any crime taking place on campus, it should be reported and no crime should be overlooked. There are some crimes which comes into sight due to the attention of media, but it is essential for the universities and higher education systems to report the crime and do not hide it. The school or university administration should be responsible to identify such crimes and problems that might possibly intervene with the goals and objectives and expose the university or higher education systems to legal affairs.

Reference

Carter, D. L., & Sapp, A. D. (1990). The evolution of higher education in law enforcement: Preliminary findings from a national study. Journal of Criminal Justice Education, 1(1), 59-85.

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