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As I am currently in the Student Development and Leadership master's program, my future field of practice is higher education student affairs involving working with marginalized student populations.
I am going to focus on a broad topic, ethical and legal issues with campus climate and marginalized student populations.  The audience involving ethical and legal issues with campus climate for marginalized populations includes all individuals and groups within the higher education community who are impacted by these issues. This includes; marginalized student populations, faculty, and staff, administrators, parents and families, and community partners.

My professional perspective on this topic is that ethical and legal issues with campus climate for underrepresented student populations involve ensuring that all students feel safe, supported, and included on campus. This requires compliance with federal and state laws related to discrimination, harassment, and equal access, as well as a commitment to promoting a welcoming and inclusive campus climate that celebrates diversity and supports the unique needs of marginalized populations.

Student affairs play a critical role in promoting a positive experience via a safe campus climate by providing resources and support services, creating opportunities for dialogue and education, and advocating for policies and practices that promote equity and inclusion.

The types of laws that are involved in ethical and legal issues with campus climate for marginalized populations include Title IX, the Americans with Disabilities Act (ADA), and the Clery Act, which requires colleges and universities to report crime and safety information. These laws are designed to ensure that all students have access to equal opportunities and protections, regardless of their background or identity.

Additionally, there may be state-specific laws that impact campus climate for marginalized populations, such as anti-bullying laws or hate crime laws. Student affairs professionals must be familiar with these laws and work to ensure compliance in order to promote a safe and supportive campus environment for all students.

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In higher education student affairs, there are several governing agencies at the federal and state level that have practical expertise related to ethical and legal issues with campus climate for marginalized populations. These agencies include:

1. U.S. Department of Education - Responsible for enforcing federal laws with regard to discrimination, harassment, and equal access, such as (Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 (1972)) and the (Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 1990).

2. National Association of Student Personnel Administrators (NASPA): The NASPA provides resources, training, and advocacy on issues related to campus climate and student welfare.

3. State Attorney General Offices: Generally, state Attorney General Offices enforce discrimination, harassment, and equal access laws at the state level. Complaints or legal actions can be brought against institutions that are not in compliance.

4. Office for Civil Rights (OCR): Providing equal access to education is the goal of the OCR, which investigates complaints of discrimination and harassment.

5. State Education Agencies: State education agencies enforce state laws regarding discrimination, harassment, and equal access to higher education. Complaints of discrimination may be investigated by these agencies or college and university compliance may be outlined.

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Slide #3 Federal and State Constitutional Laws

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Slide #3 Federal and State Constitutional Laws

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The following is a list of federal and state constitutional laws that align with ethical and legal issues regarding campus climate for marginalized student populations;

Federal Constitutional Laws:

First Amendment to the U.S. Constitution:

Among its protections are the right to expression, assembly, and freedom of speech (U.S. Const. amend. I).

A campus climate for marginalized populations can intersect with hate speech and discrimination issues (U.S. Const. amend. I).

Link to the source of law: https://constitution.congress.gov/constitution/amendment-1/

Fourteenth Amendment to the U.S. Constitution:

Under the Fourteenth Amendment, states cannot deny equal protection to anyone within their jurisdiction (U.S. Const. amend. XIV).

Discrimination in higher education has been challenged with this amendment (U.S. Const. amend. XIV).

Link to the source of law:
https://www.govinfo.gov/content/pkg/GPO-CONAN-2002/pdf/GPO-CONAN-2002-9-15.pdf

State Constitutional Laws

Texas Constitution, Article I, Section 3:

This provision protects free speech, the press, assembly, and petitioning the government (Tex. Const. art. I, § 3).

A person's race, religion, or ancestry cannot be used to restrict their rights (Tex. Const. art. I, § 3).

Link to the source of law:
https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm

Texas Constitution, Article VII, Section 1:

In this provision, the legislature must create and maintain a public free school system that is efficient. (Tex. Const. art. VII, § 1)

Link to the source of law: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm

Texas Education Code, Chapter 51:

The mission of Texas higher education includes promoting intellectual and personal development, preparing students for success in a global society, and providing equal access (Tex. Educ. Code § 51.001).

Additionally, it prohibits discrimination based on sex, religion, age, or disability (Tex. Educ. Code § 51.001).

Link to the source of law: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm

Texas Education Code, Chapter 37:

Student conduct in Texas schools is outlined in this chapter, which includes policies related to discipline and discrimination (Tex. Educ. Code § 37.001).

Race, color, religion, sex, national origin, disability, or any other basis prohibited by law is prohibited (Tex. Educ. Code § 37.001).

Link to the source of law:  https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

Texas Education Code, Chapter 53:

Reporting incidents of bullying in Texas schools is outlined in this chapter (Tex. Educ. Code § 53.001).

The Texas Education Agency must receive reports of bullying incidents and adopt policies and procedures for preventing and addressing bullying, including cyberbullying (Tex. Educ. Code § 53.001).

Link to the source of law: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.53.htm

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Slide #4 Statute and Administrative Laws

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Slide #4 Statute and Administrative Laws

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One statute that aligns with ethical and legal issues regarding campus climate and marginalized student populations is Title VI of the Civil Rights Act of 1964.

Under Title VI of the Civil Rights Act of 1964, federal funds may not be used to discriminate against races, colors, or national origins. Higher education institutions receive federal funding, such as colleges. Legally, educational institutions must ensure equal access to resources and opportunities for all students. A violation of Title VI can result in the loss of federal funds ((Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.).

Source of law: Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

APA 7 in-text citation: (Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.)

Link to the full text of law: https://www.justice.gov/crt/fcs/TitleVI-Overview

One administrative law that aligns with ethical and legal issues regarding campus climate and marginalized student populations is the Clery Act.

In accordance with the Clery Act, colleges and universities are required to disclose information about campus crime and security policies. Students' and employee safety must be ensured by collecting, reporting, and disseminating crime statistics to the campus community. In addition, the Clery Act requires institutions to have policies addressing sexual violence and harassment. Significant fines and penalties may result from violation of the Clery Act.

Source of law: Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. § 1092(f).

APA 7 in-text citation: (Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. § 1092(f))

Link to the full text of the law: https://www.govinfo.gov/content/pkg/USCODE-2010-title20/html/USCODE-2010-title20-chap28-subchapIV-partF.htm

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Title IX of the Education Amendments of 1972

The Title IX law requires colleges and universities to educate and train students, conduct investigations, and support victims of sexual harassment.

Those who violate Title IX can lose federal funding and be sued.

Source of law: Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.

APA 7 in-text citation: (Education Amendments of 1972, 20 U.S.C. § 1681 et seq.)

Link to the full text of the law: https://www.justice.gov/crt/title-ix-education-amendments-1972

Fisher v. University of Texas at Austin is a Supreme Court case that addressed the use of race in college admissions.

Race was upheld in Fisher, but strict standards were established for its use in college admissions.

To demonstrate diversity, institutions must demonstrate that they have evaluated other, race-neutral ways to achieve diversity and found them inadequate (Fisher v. University of Texas at Austin, 570 U.S. 297 (2013)).

In this case, we see the importance of colleges and universities conducting diversity and inclusion on campus, but in a law-compliant manner (Fisher v. University of Texas at Austin, 570 U.S. 297 (2013)).

Source of law: Fisher v. University of Texas at Austin, 570 U.S. 297 (2013).

APA 7 in-text citation: (Fisher v. University of Texas at Austin, 570 U.S. 297 (2013))

Link to the full text of the case: https://www.law.cornell.edu/supremecourt/text/11-345

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One federal regulation that aligns with ethical and legal issues regarding campus climate and marginalized student populations is the Title IX of the Education Amendments of 1972.

Title IX prohibits discrimination based on gender in federally funded education programs. Violent sexual assault and harassment are included.

Regardless of a student's sex or gender, educational institutions must ensure equal access to resources and opportunities.

Sexual harassment and violence must be handled and prevented by institutions, including providing support services to victims.

Title IX violations can lead to legal action and a loss of federal funding (Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688).

Source of law:
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688.

APA 7 in-text citation: (Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688).

Link to the full text of the law: https://www.justice.gov/crt/title-ix-education-amendments-1972

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One local policy from Texas that illustrates how local institutions are approaching ethical and legal issues regarding campus climate and marginalized student populations is the Texas Education Code Chapter 51, Subchapter S.

Texas Education Code Chapter 51, Subchapter S requires public institutions of higher education in Texas to have policies on harassment, assault, and stalking.

Prevention, reporting, investigation, and disciplinary actions must be included.

Students, faculty, and staff should receive education and training on these topics.

Title IX coordinators are responsible for ensuring compliance with federal and state laws related to sexual harassment and assault.

If these requirements are not met, state funding and legal action may result.

Source of law: Texas Education Code Chapter 51, Subchapter S.

APA 7 in-text citation: (Texas Education Code Chapter 51, Subchapter S)

Link to the full text of the law: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm#51.971

One example of a local Texas rule that addresses ethical and legal issues related to campus climate and marginalized student populations in higher education is the "Sexual Harassment Policy and Procedures" at the University of Texas at Austin.

Student, employee, and visitor sexual harassment is prohibited, including quid pro quo harassment and hostile environment harassment.

Reporting and investigating sexual harassment allegations is outlined in the policy along with the specific offices to receive and investigate reports.

Upon verification of an incident of sexual harassment, the University is required to take prompt, appropriate action, including disciplinary action.

Additionally, the policy includes provisions for confidentiality, non-retaliation, and support for individuals who report sexual harassment.

During annual training, all employees are required to learn how to prevent and report sexual harassment, and students are provided training resources.

Texas Labor Code and Title VII of the Civil Rights Act of 1964 enact federal and state laws against sexual harassment (University of Texas System Board of Regents, 2021).

Source of law: University of Texas System Board of Regents' Rules and Regulations, Rule 50101

APA7 in-text citation: (University of Texas System Board of Regents, 2021)

Link to full text of the law: https://www.utsystem.edu/board-of-regents/rules/50101-student-conduct-and-discipline#:~:text=Rule%20and%20Regulation&text=All%20students%20are%20expected%20and,System%20or%20U.%20T.

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Three risk management strategies related to the ethical and legal issues regarding campus climate and marginalized student populations in higher education are:

Developing and implementing inclusive policies and procedures: Policies and procedures related to campus climate and marginalized student populations can be developed and implemented by institutions to help prevent and address issues. It is critical to review and update inclusive policies and procedures regularly to ensure that they are effective and relevant (Hartman & Dearing, 2019).

Providing training and education: Student, faculty, and staff training can help raise awareness about campus climate and marginalized student populations. Individuals should be trained in implicit bias, microaggressions, and cultural competence to understand marginalized populations' experiences (Jones, 2019).

Creating support systems: By creating support systems for marginalized students, campus climate can be improved and academic success can be enhanced. In addition to academic advising and counseling services, student organizations provide a sense of belonging and community (Schneider, 2019).

Why it is important:
It is important to address issues associated with campus climate and marginalized student populations through risk management strategies. Providing an inclusive and safe learning environment for all students is a legal and ethical responsibility of institutions (Jones, 2019). Using risk management strategies, institutions can demonstrate their commitment to diversity, equity, and inclusion and create a more positive campus climate.

References:

Hartman, D. K., & Dearing, E. (2019). Risk management strategies for campus climate and marginalized student populations. In D. K. Hartman & E. Dearing (Eds.), Campus Climate and Marginalized Student Populations (pp. 195-215). Routledge.

Jones, A. R. (2019). Legal and ethical issues related to campus climate and marginalized student populations. In D. K. Hartman & E. Dearing (Eds.), Campus Climate and Marginalized Student Populations (pp. 15-28). Routledge.

Schneider, C. G. (2019). Marginalized student populations: An overview of the issues and challenges. In D. K. Hartman & E. Dearing (Eds.), Campus Climate and Marginalized Student Populations (pp. 1-14). Routledge.

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One item from the Code of Ethics and Standard Practices for Texas Educators related to ethical and legal issues on campus climate and marginalized student populations is item (D) Standard 3.4, which states that education professionals "shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation" (Texas Secretary of State, 2021, §247.2).

Link to the Code of Ethics:
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2#tac

Brief Explanation of the connection to the topic
The standard is linked to legal and ethical issues surrounding campus climate and marginalized student populations since it requires governing boards to ensure institutional policies and practices are aligned with legal and ethical requirements. In this way, the board can promote equity and prevent discrimination on campus, ultimately improving marginalized students' experiences and outcomes. In addition, this standard can serve as a tool for holding institutions accountable for ensuring a safe and inclusive environment (Texas Secretary of State, 2021, §247.2).

Citation to the code of ethics:
Texas Secretary of State. (n.d.). Texas Administrative Code. Retrieved March 9, 2023, from https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

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Regulatory and ethical standards guide behavior and practices within professions. Higher education standards have helped ensure that I, as a student, have had access to a safe and inclusive learning environment. Keeping these standards in mind and applying them to my own personal and professional education journey allows me to ensure that I and others around me in my professional field, uphold responsibilities while promoting a positive campus climate for all students.

With an increased understanding of legal and ethical standards, I feel empowered, as I can make informed decisions and take actions that align with my values and goals. With established guidelines and protections in place, I feel secure and confident as I continue to pursue my education and future career in higher education. My recognition of the importance of ethical and legal standards in promoting equity and inclusion has also encouraged me and given me the tools to actively contribute to a just and equitable society by creating positive change within my institution.

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Best Practices for Legal Compliance

Implement clear policies and procedures that address discrimination, harassment, and bias, including those facing marginalized students.

Incorporate diversity, equity, and inclusion training into faculty, staff, and student programs.

Determine areas of concern and devise targeted interventions by continuously assessing and evaluating campus climate.

For students suffering from discrimination or harassment, create a designated office or point of contact.

Develop a campus culture that prioritizes marginalized student perspectives.

Implement universal design principles in education to ensure accessibility.

Establish collaborations with community organizations and advocacy groups for the identification and resolution of systemic discrimination.

Implement a system to collect and analyze student data, with a focus on disparities across demographic groups.

Maintain compliance with current discrimination, harassment, and accessibility laws and regulations.