Legal Issues in Student Activities from NACA MAM 2014

1. LEGAL ISSUES IN
STUDENT ACTIVITIES
K I M B L A N K
A S S I S T A N T D I R E C T O R O F S T U D E N T A C T I V I T I E S
K E N Y O N C O L L E G E

2. PRESENTATION OUTLINE
Background information
Legislation
Pertinent legal cases
Takeaways
Practical application
Your campuses

3. BACKGROUND
Public institutions are held to
different (more stringent)
standards than private institutions
U.S. Constitution and case law
(interpretations of Constitution)
Educational institutions as “special
environment”

4. LEGISLATION
Showing films
U.S. Copyright Act: prohibits duplication and provides
ability to file civil suits and criminally prosecute to
protect copyrights
Digital Millennium Copyright Act: prohibits new
methods, such as DVD burning of copyrighted films
Family Entertainment and Copyright Act: makes
recording in a theater a federal crime
No Electronic Theft Act: criminalizes reproduction,
distribution, and sharing of movies even without
commercial purpose or without financial gain

5. DUE PROCESS
Dixon v. Alabama State Board of
Education (1961) has been called “the
path-breaking decision recognizing the
due process rights of students at state
universities”
6 students expelled without a hearing
Court ruled college could not act in loco parentis
On appeal, Fifth Circuit ruled students could not
be expelled without due process

6. TIE-IN TO STUDENT ACTIVITIES
How does Dixon v. Alabama State
Board of Ed relate?
 Due process: identify what the student rights
are on your campus (right to confront
charges against you, formal trial, etc.; varies
by campus)
Outlines role of college: cannot and should
not act in lieu of parents (in loco parentis);
supported by FERPA

7. STUDENT ORGANIZATIONS
Healy v. James (1972) addressed the recognition
of controversial organizations
Supreme Court found that Central Connecticut
State College (a public institution) could not
deny recognition to chapter of Students for a
Democratic Society
1st Amendment rights to Free Speech and
Right to Assemble

8. ASSEMBLY & ROOM USAGE
Widmar v. Vincent (1981) addressed the
right of a Bible study group to use
public university facilities for
meetings/study
University feared endorsing a particular religion (a
violation of the establishment clause)
Supreme Court stated any concern over
establishment was outweighed by 1st Amendment
rights of students to practice their religion(s)

9. MEMBERSHIP
Christian Legal Society v. Martinez (2010)
addressed whether an organization could
deny membership to gay students
Religious group at University of California, Hastings
School of Law wanted to deny membership to gay
students based on values
Supreme Court ruled 5-4 that as a public institution,
they could not deny membership based on sexual
orientation
Rulings involving private institutions have been
decided differently

10. TAKE AWAY POINTS
Courts have ruled 1st Amendment rights of
speech, assembly, and religion are
paramount
Institutions cannot act in loco parentis
Organization recognition processes must be
followed & cannot be denied because of
controversy of speech
Membership cannot be denied at public
institutions based on protected classes

11. PRACTICAL APPLICATION
Differences between public and
private institutions
What constitutes a “state actor”
Organization recognition
Right to assemble
Free speech

12. DISCUSSION: YOUR CAMPUSES
What potential legal issues do you notice on your campus?
 Illegal movie showings
 Club/organization recognition
 Group privileges (room use, etc.)
Have you heard buzz of current issues on your campus or
elsewhere?
Now that you know a bit about the Constitution and student
activities, do you have any concerns about your policies
and programming?
What are some issues you could see arising, perhaps at
another university?

13. REFERENCES
Christian Legal Society v. Martinez (2010)
Healy v. James (1972)
Peck, A.M. (2005). Due process and fairness in student
affairs: How to do all that is due. The Bulletin, 73(2).
Widmar v. Vincent (1981)
Zirkel, P.A. (2010). The first amendment and higher
education students: Part I, the religion cases. West’s
Education Law Reporter, 983, 1-7.
Zirkel, P.A. (2010). The first amendment and higher
education students: Part II, the secular cases. West’s
Education Law Reporter, 947, 1-18.