Legal Padlet for Student Organizations by Nadera Allache by Nadera Allache https://padlet.com/nallache/dt27el41hnys4611 Angelo State University - Legal and Ethical Principles EDG-6305-DS2 Dr. Dara Anderson December 3, 2022 en-us 2021-12-03 00:29:17 UTC 2024-05-25 19:40:39 UTC hello@padlet.com Slide 1: Perspective/Audience/Topic nallache https://padlet.com/nallache/dt27el41hnys4611/wish/1926317042 Audience: All Academic Advisors and Student Engagement staff members. 

Reason: This Padlet is created in order to provide more context about the legal requirements and the current trends in higher education when encouraging students to attend or create a student organization. It is important to be aware of the requirements, what has been previously decided by the courts, and what our local policy states. 

My Personal Perspective: In order to benefit from the entire college experience, students should be an active member of their learning communities. I have always felt involvement in a student organization to be beneficial but I have never understood the legal ramification of a misaligned organization or the effects of an organization blocked from their legal rights, such as freedom of speech or the right to organize peacefully which is granted under the Constitution (U.S. Const. amend. I). Creating this Padlet will ensure that as professionals in advising in higher education that we are aware of current trends and previous legal cases. 

Note: My education through my coursework from Angelo State University in the field of Administration in Higher Education  with a certification in Academic Advising helped to create my personal perspective . Learning through the competencies outlines in the program and through the diverse interactions, I value the ability to join and voice an opinion but respect the right for others to voice their own. I hope after reading this presentation that you will understand why this is such an important part of the educational system.


]]> 2021-12-03 00:34:08 UTC https://padlet.com/nallache/dt27el41hnys4611/wish/1926317042 Slide 2: Summary nallache https://padlet.com/nallache/dt27el41hnys4611/wish/1926317528 When considering student involvement, it is always encouraged to have students participate in student organizations. Many advisors would not put a second thought to what is required or what are the legal ramifications of these organizations but over the last few decades there have been numerous legal battles arising from many issues stemming from student organizations. Some of the more prominent issues relate to discrimination, secular versus non secular requirements, freedom of speech, freedom to peacefully organize, and being officially recognized by the institution.  These types of disputes have been escalated all the way to the supreme court since 1969  with the court case of Tinker v. Des Moines Independent Community School District.
With the knowledge of these cases, organizations and professional organizations have been providing guidance to their stakeholders.  The topic of student organizations is a fluid issue that needs to be reviewed timely and frequently to ensure compliance or an institution of higher education might be faced with a legal battle. 

One trend that seems to be cycled in and out of mainstream news is the violation of colleges in allowing students to express their viewpoints in a legally acceptable way in compliance with their first amendment rights. Throughout this Padlet, there is repeated conversations, articles, and instances that occurred where a school, faculty member did not uphold the legal requirements of the constitutional law and then the student sues the college. ]]> 2021-12-03 00:34:29 UTC https://padlet.com/nallache/dt27el41hnys4611/wish/1926317528 Slide 3: Professional Association nallache https://padlet.com/nallache/dt27el41hnys4611/wish/1926318196 2021-12-03 00:34:57 UTC https://padlet.com/nallache/dt27el41hnys4611/wish/1926318196 Slide 4: News Article # 1 nallache https://padlet.com/nallache/dt27el41hnys4611/wish/1926318747
Summary of Article:
* Disputed student organizations and student representation causes upset among students, faculty, and differing political view points
* Students voiced two main viewpoints
1. Diversity needs to be represented
2. The political agenda of the left is not upholding values      important to the right.
* Organizations and representation board members are open to all members and elections
Implication to Advisors in  Higher Education
* Diversity is being challenged and the way the outcome of these meetings can have an impact on all higher education institutions.
* Conflict resolution must be a priority but the need to protect freedom of speech and right to assemble must be maintained.

Reference: 
Wille, J. (n.d.). Student Association discusses an email sent out that called for the “desegregation” of student senate. The Racquet Press. Retrieved December 4, 2021, from https://theracquet.org/12231/news/student-association-discusses-an-email-sent-out-that-called-for-the-desegregation-of-student-senate/]]> 2021-12-03 00:35:22 UTC https://padlet.com/nallache/dt27el41hnys4611/wish/1926318747 Slide 5: News Article 2 nallache https://padlet.com/nallache/dt27el41hnys4611/wish/1926318981 https://www.usatoday.com/story/opinion/2021/11/13/university-violated-students-speech-rights-courts-let-go/6354377001/

Summary of Article:
*  Unconstitutional events occur on college campuses frequently
* These violation continue to be allowed and the perpetrators are granted immunity for their actions
* Constitutional violations of freedom of speech and right to assemble peacefully are allowed to happen.
* Students are able to seek legal action but are not always heard in court

Implication for Advisors in Higher Education
* Colleges need to ensure they know and follow the law to avoid a possible legal action.
* Training for student's right should occur and be followed by  all staff members
* Accountability for educators are being demanded by many previous students, law offices, and legal advocates

Reference: Bursch, T. L. and J. (n.d.). University officials flagrantly violate student speech rights. Courts let them off the hook. USA TODAY. Retrieved December 4, 2021, from https://www.usatoday.com/story/opinion/2021/11/13/university-violated-students-speech-rights-courts-let-go/6354377001/ ]]> 2021-12-03 00:35:32 UTC https://padlet.com/nallache/dt27el41hnys4611/wish/1926318981 Slide 6: Statutory Law - Equal Access Act of 1984 nallache https://padlet.com/nallache/dt27el41hnys4611/wish/1926326162
Equal Access Act of 1984: This law was designed to protect students first amendment rights of conducting meetings in a civilized nature. This law has four requirements in order for a 
club to be protected:
1. The club is by voluntary and a product of student interest 
2. If religious in nature, faculty or staff may attend but not participate in the activities 
3. The club may not interfere with normal school functions or operations 
4. Students from the school must direct and attend the club meetings, outside individuals are not allowed to control or direct the club.

Citation:  Equal Access Act of 1984, 20 USC § 4071
]]> 2021-12-03 00:40:42 UTC https://padlet.com/nallache/dt27el41hnys4611/wish/1926326162 Slide 7: Judicial Law - Healy v. James nallache https://padlet.com/nallache/dt27el41hnys4611/wish/1926330460 Link: https://supreme.justia.com/cases/federal/us/408/169/  

Healy v. James (1972) is a court case that actually involved multiple levels and determinations by the federal court system. In the two lower divisions, the judgement was upheld that the school made a legal decision in denying the formation of a student organization. This was then overturned by the Federal Supreme Court The ruling mandate that colleges provide first amendment rights of freedom of speech and right to meet or organize. In addition, this ruling allowed for colleges to protect their property and their staff members. The colleges can enforce an acceptance of policies before an organization is created. 

Reference: Healy v. James, 408 U.S. 169 (1972) ]]> 2021-12-03 00:43:41 UTC https://padlet.com/nallache/dt27el41hnys4611/wish/1926330460 Slide 8: Administrative Law - Risk Management Programs for Members and Advisors of Student Organizations nallache https://padlet.com/nallache/dt27el41hnys4611/wish/1926333452 Link: https://statutes.capitol.texas.gov/docs/ED/htm/ED.51.htm

Risk Management Programs for Members and Advisors of Student Organizations, Tex Educ Code § 51.9631
This law ensures that student organizations are receiving
annual training for various topics that would have risk associated to the organization or to the higher education institution. This law goes on to state that all advisors and officers of the club are required to attend this type of training.  

Topics to cover are Hazing, Drugs and Alcohol, Sexual Abuse and Harassment, Student Conduct at Events, and Traveling. 

This law was designed to help reduce deaths, overdoes, and sexual abuse for higher education in Texas.

Reference: 
 Risk Management Programs for Members and Advisors of Student Organizations, Tex Educ Code § 51.9631
]]> 2021-12-03 00:45:48 UTC https://padlet.com/nallache/dt27el41hnys4611/wish/1926333452 Slide 9: Judicial Law - Christian Legal Society v. Martinez nallache https://padlet.com/nallache/dt27el41hnys4611/wish/1926336286 This was a legal ruling that upheld the requirements for the 
University of California, Hastings College of Law to require the acceptance of any member interested in the club without exclusion. Clubs and organizations could not be organized or formed without the acceptance of this clause. Having this clause limits exposure to discrimination and protects the school from multiple legal and financial risk. The ruling for this case was especially important because it reinforced that religious affiliation does not exempt a club or organization 
from following the expectations of the college if the rules are done in a way that promotes all clubs equally and grants equal access. Since the Christian Legal Society was petitioning for exemptions to the rules, it was seen as not favorable for the college or its students.

Reference: Martinez , 561 U.S. 661 (2010)
]]> 2021-12-03 00:47:49 UTC https://padlet.com/nallache/dt27el41hnys4611/wish/1926336286 Slide 10 : Tarrant County College's Local Policy nallache https://padlet.com/nallache/dt27el41hnys4611/wish/1926337249

Tarrant County College encourages students to become involved in the many organizations that are available or by creating a new club of choice. Clubs wishing to receive 
formal recognition from TCC must provide an Organization Constitution that must follow the format provided in the template of the constitution. Also, most importantly the organization must agree and sign off on a non-discrimination clause for students wishing to join the organization.

What is required:
1. Locate the Board: President, Senator, 5+ TCC Employees, 1 full time faculty/staff advisor
2. Create a Student Organization Constitution that supports Non-Discrimination 

Links: 
https://canvas.tccd.edu/courses/35984/pages/how-to-start-a-student-organization 
https://canvas.tccd.edu/courses/35984/files/2431369?verifier=hjrrtmxcXm1MAgyszmAkEEeW5jvLZvg4AA88qlHS&wrap=1

References:
Tarrant County College Handbook (2021-2022). Recognized Student Organizations. Retrieved from https://catalog.tccd.edu/content.php?catoid=12&navoid=1082
Tarrant County College Handbook (2021-2022) Speech, Expression, Assembly. Retrieved from https://catalog.tccd.edu/content.php?catoid=12&navoid=1086
]]> 2021-12-03 00:48:31 UTC https://padlet.com/nallache/dt27el41hnys4611/wish/1926337249 Slide 11: ACPA Ethical Principle of 3.3 nallache https://padlet.com/nallache/dt27el41hnys4611/wish/1926348999 As an academic advisor, the ACPA would be the ethical principles and standards that would be followed by my department. The ethical principle and standard that is highly aligned to issues and circumstances related to student organizations and student populations is  under heading 3, Responsibility to the Institution. The particular section of interest is 3.3 which is that staff will recognize that conflicts among student  and or colleagues will occur but should be resolved in an appropriate and respectful manner . 

If you consider the number of student organizations or the varied political viewpoints, conflicts are bound to occur due to difference of opinion, religion, or variances in life events. The colleges must ensure that the students are allowed to voice their opinion in a safe way but are not discriminated against. When working with a group of students that is upset, you must work to deescalate the situation but remain professional and respectful regardless of the student' personal opinion. We are the educators and professionals and are expected to uphold the ethical principles.

Reference:  ACPA Statement of Ethical Principles & Standards. (n.d.). Retrieved December 1, 2021, from https://myacpa.org/wp-content/uploads/2020/12/Ethical_Principles_Standards.pdf]]> 2021-12-03 00:56:30 UTC https://padlet.com/nallache/dt27el41hnys4611/wish/1926348999 Slide 12: Non-Law Resource nallache https://padlet.com/nallache/dt27el41hnys4611/wish/1926349751 Justia is a web-based resource that is called the US Supreme Court Center. This website is a great resource that provides updates and access to US Court cases and insight into what and how they will affect the American population. When researching cases that have been impactful into the actions and requirements of local colleges for student organizations, this site does provide many previous rulings that have evaluated the first amendment effect on student organizations. While this site provides documentation about many cases, it is not the official storage location for legal cases and might not be up to date. For this reason, this site should be used as a research and review tool but not as a the official website.

Reference: US Supreme Court Center. (2019, March 20). Justia Law. https://supreme.justia.com/ ]]> 2021-12-03 00:56:58 UTC https://padlet.com/nallache/dt27el41hnys4611/wish/1926349751 Slide 13: Recommendations & Implications nallache https://padlet.com/nallache/dt27el41hnys4611/wish/1926350601 Analysis and Summary of the Legal requirements of Student Organizations: 
* Educational institutions are expected to follow the same requirements regardless of being private, state, or religious when it comes to protected rights 
* Freedom of speech and right to peacefully assemble have to be protected regardless of your political viewpoints. 
* The actions of an advisor, staff member, or support personnel can be taken to court if the actions are not considered uniformed or impartial. 
* The ethical principles provided by ACPA require professionals to work with student and faculty to ensure disputes are handled with respect and all legal requirements are followed. 
* In order to avoid a lawsuit by a student or an advocate group, all employees should be trained on the rules and guidelines of the school to include protest expectations, acceptable places to organize, how students can express their opinion or congregate legally.  
* In order to maintain diversity but uniformity, it is best to have an "all comers" rule or statement of a mandatory acceptance for all members interested in the club to avoid the possibility of discrimination. 
* Staff members should have some understanding of the four law types and their implications for student organization. This is a topic that has been reviewed since 1969 and many schools have received negative publicity from being negligent in providing safeguards.
* If ever in doubt, do not handle the situation yourself. If a student is setting up, approaching other students, or an issue seems questionable in regards to either a protestor a voiced opinion by a student organization, it is best to contact administration or the legal team to ensure that you are not the offender of a constitutional right or a local policy.]]> 2021-12-03 00:57:35 UTC https://padlet.com/nallache/dt27el41hnys4611/wish/1926350601