A study to develop legally-based model policies concerned with the regulation of certain non-instructional activities on Texas public community college campuses

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1973

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The purpose of this study was to develop legally- based model policies concerned with the regulation of certain non-instructional activities on the Texas community college campus through an analysis and interpretation of legal concepts, case law, Texas constitutional provisions and Texas statutes. The non-instructional activities considered were those relating to (1) campus organizations, (2) publications, (3) student government, (4) protest, and (5) use of facilities. Other elements of the study included an examination of (1) the legal authority vested in local boards, administrators and faculty, (2) the limits of campus authority, and the degree of freedom from regulation by students and others with respect to the use of the local campus and its facilities, (3) the legal guidelines regarding wording of rules and regulations, and (4) the actions and sanctions legally permitted in connection with policy enforcement. The study was based upon a reflection of the law at its current state of development. The procedure included the following steps: (1)cases were analyzed in an effort to determine what legal principles and concepts were applied in campus disputes, (2) secondary sources such as books and legal periodicals were read and excerpted to gain understanding as to the nature of law and the application of legal principles and concepts to the campus, (3) The Constitution and statutes of the State of Texas were examined to determine appropriate provisions which could affect the development and implementation of regulatory policy, and (4) model policies based on consideration of the data derived from the foregoing steps were formulated. The U. S. Constitution has been felt on the campus in both procedural and substantive matters. Although there are marked educational differences between the various levels of education, differences, if any, in the application of law to the various levels were difficult to discern. The basic tenets of policies affecting Constitutional rights therefore seemed applicable at all levels, from the public school level through the university level. The standard of judicial review of college regulations will be affected by a determination of the importance ascribed to an infringed liberty. A regulation affecting a constitutional guarantee would receive a rigorous review; a regulation not affecting a constitutional guarantee would be subject to a less rigorous review. Texas statutes grant broad authority to the local campus to establish regulatory policy. In addition to such statutory grants of authority, local campus officials also have certain common law authority, such as that described as 'inherent' or 'implied' authority. First Amendment constitutional rights are extended to the campus but may be restricted on grounds of potential or actual disruption of the orderly operation of the institution. Texas campuses have available both statutes and injunctive powers of courts to maintain law and order on the campus. Courts demand that campuses utilize certain due process safeguards in connection with lengthy suspension or expulsion of students. Although courts have made certain stringent demands upon the campus when constitutional guarantees such as expression are concerned, they are, in matters of campus discipline, less demanding and more supportive of school authorities.

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