Prof Law
Legal Info For Academics
Prof Law is for college and university faculty of all ranks - including part-time faculty.
Prof Law is also for administrators who care about
leading more than managing.
Prof Law is for college and university faculty of all ranks - including part-time faculty.
And Prof Law is for administrators too...for those who care about
leading more than managing.
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Navigating Choppy Waters: Key Legal Issues College Faculty Need to Know
Sometimes, one doesn’t realize how much they need a book – or class – until they have it in front of them. Navigating Choppy Waters:Key Legal Issues College Faculty Need to Know is one of those books. For those faculty who already understand that litigation and other legal threats are increasing, this is a book that will help.
For those who really haven’t thought about it, you should, and Kent Kauffman’s book is a great resource to have.
The legal system is often shrouded in a fog contributing to the belief that law is for lawyers only. But much of what faculty do in their teaching and scholarship and service activities reaches the ambit of the legal system. That knowledge gap makes us either naïve about the legal implications of our actions or dependent on what others on campus tell us. (You could keep a lawyer on retainer, but you’d need to be the college president to afford that.) Navigating the choppy waters of academia isn’t for the faint of heart or the uninformed. For example…
- Can you be liable for educational malpractice?
- Can you be liable if a student sues you over a grade they don’t like, or for other professional decisions you make?
- Are there legal risks if you use AI detection web sites?
- If your syllabus a contract? (What if it is?)
- Legally speaking, what really is academic freedom?…How does it apply in your teaching?…How is academic freedom different if you work at a private university?…Why do so many states want to take it away?
- Do you own the intellectual property you create?
- How does your own AI use implicate copyright law?
- Can you be liable to a student if you violate their FERPA rights, even unintentionally?
- What defamation doctrines are most relevant if you choose to sue a student or colleague for libeling you online?
- What is tenure, legally speaking?…How is it different if you work at a public university?…What can you do if you’re denied tenure?…Why do some states want to eliminate tenure?
- What is the law on revoking one’s tenure?
All these questions have answers. Not necessarily positive answers, but knowledge is power. By looking at your teaching and research through a legal lens, you will anticipate the “what ifs” in a way that will best protect you if you ever need it. You will also ask better questions at work. Being law-literate about faculty matters will, hopefully, increase your confidence, allowing you to do better what you do best – whether you’re a part-time instructor or an endowed chair.
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