Teaching in Higher Ed cover image

Teaching in Higher Ed

Key Legal Issues College Faculty Need to Know

Feb 13, 2025
Kent Kauffman, an associate professor of business law and ethics at Purdue University, discusses vital legal issues for college faculty, drawing from his book, "Navigating Choppy Waters." He highlights the importance of clarity in syllabi as communication tools rather than contracts. Kauffman addresses academic freedom, noting that both faculty and students possess rights in public institutions. He also explains ownership of teaching materials and copyright implications, providing insights essential for navigating the complexities of academia.
45:23

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Quick takeaways

  • Faculty should ensure grading practices are rational and based on sound principles to avoid potential legal challenges.
  • Understanding the complexities of intellectual property ownership is crucial, as materials created during employment often belong to the institution.

Deep dives

Navigating Legal Risks in Higher Education

Faculty members in higher education should be aware of common legal issues that can arise in their teaching careers. One key area of focus is grading and evaluation, where decisions made by instructors can inadvertently lead to legal challenges. However, courts typically do not recognize educational malpractice claims, which provides some peace of mind for educators facing complaints about grading. Faculty can protect themselves by ensuring their grading practices are rational and based on sound principles, thereby passing the arbitrary and capricious standard often used in legal analyses.

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