Southern Utah University

Course Syllabus

Southern Utah University
Southern Utah University
Summer Semester 2026

Higher Education Law and Policy (Online)

PADM 6540-70I

Course: PADM 6540-70I
Credits: 3
Term: Summer Semester 2026
Department: PSCJ
CRN: 20586

Course Description


PADM 6540: Higher Education Law and Policy is a graduate-level course designed for students pursuing careers in higher education administration, student affairs, institutional policy, or public administration. The course provides a rigorous and practical introduction to the legal frameworks that govern colleges and universities in the United States, with consistent attention to the administrative and policy implications of legal doctrine.

Drawing on Kaplin, Lee, Hutchens, and Rooksby's authoritative text, The Law of Higher Education: Essentials for Legal and Administrative Practice (7th ed., 2024), the course moves systematically through the major domains of higher education law: governance and institutional authority; employment and faculty rights; academic freedom; student affairs and due process; free speech and campus civil liberties; and the regulatory relationship between institutions and federal, state, and local government.

Students engage with constitutional provisions, landmark and recent case law, federal statutes (including Title IX, Title VII, FERPA, the ADA, and the Clery Act), administrative regulations, and institutional policy — developing the ability to read legal material, identify institutional risk, and translate legal requirements into sound administrative practice. Because this course is offered within a Public Administration program, particular emphasis is placed on the law/policy interface: how legal doctrine shapes, constrains, and sometimes drives institutional policy decisions.

This course is appropriate for students intending to work in academic affairs, student services, institutional compliance, enrollment management, or senior administrative leadership — as well as students whose public sector careers will bring them into regular contact with higher education institutions.

Required Texts

Kaplin, W.A., Lee, B.A., Hutchens, N.H., & Rooksby, J.H. (2024). The Law of Higher Education: Essentials for Legal and Administrative Practice (7th ed.). 

Learning Outcomes

SLO 1 — Foundations of Higher Education Law

Identify and explain the principal sources of higher education law — including constitutional provisions, federal and state statutes, administrative regulations, and institutional contracts — and describe how each operates within the governance structure of public and private colleges and universities.

SLO 2 — Legal Reasoning and Case Analysis

Apply standard legal reasoning frameworks (including IRAC: Issue, Rule, Application, Conclusion) to analyze higher education law cases and scenarios, distinguishing between the legal standards applicable to public versus private institutions and between student, faculty, and institutional claims.

SLO 3 — Employment and Faculty Law


Analyze the legal framework governing faculty and staff employment in higher education, including employment discrimination law (Title VII, Title IX, ADA, ADEA), tenure and academic freedom protections, collective bargaining, and procedural due process requirements for personnel decisions.


 

SLO 4 — Student Rights and Institutional Obligations


Evaluate institutional obligations and student legal rights across key domains — including admissions, financial aid, academic due process, student records (FERPA), campus security, disability accommodations (ADA/Section 504), and student discipline — and assess institutional compliance with applicable legal standards.


 

SLO 5 — Free Expression and Civil Liberties on Campus


Analyze the First Amendment framework governing free speech, academic freedom, student expression, and campus protest at public institutions, and evaluate the limits of institutional authority to regulate speech, including hate speech codes, social media, and student organization recognition.


 

SLO 6 — Title IX, Sexual Misconduct, and Civil Rights Compliance


Apply Title IX and related civil rights statutes to institutional obligations concerning sexual harassment, sexual misconduct, gender equity in athletics, and nondiscrimination in admissions and employment, incorporating recent regulatory and judicial developments including post-2022 Title IX rulemaking.


 

SLO 7 — Institutional Liability and Risk Management


Identify areas of institutional tort liability, Section 1983 claims, and contractual liability; apply the principles of preventive law and enterprise risk management to design proactive institutional responses that reduce legal exposure while advancing institutional mission.


 

SLO 8 — Regulatory Compliance and Governmental Relations


Assess the legal and regulatory relationships between higher education institutions and federal, state, and local government — including Title IV compliance, accreditation law, state authorization, and local regulation — and develop institutional compliance strategies responsive to overlapping jurisdictional demands.


 

SLO 9 — Law-Policy Interface in Administrative Practice


Synthesize legal doctrine and public policy analysis to formulate and evaluate institutional policies, communicating legal risks and compliance obligations to non-attorney administrators, governing boards, and other stakeholders in a professional register appropriate to higher education leadership.


 

SLO 10 — Professional and Ethical Judgment


Demonstrate the capacity for sound professional and ethical judgment in navigating higher education law and policy dilemmas, recognizing the limits of non-attorney administrative authority, knowing when to engage legal counsel, and upholding equity and institutional integrity in all administrative decisions.

Course Requirements


PADM 6540: Higher Education Law and Policy is a graduate-level course designed for students pursuing careers in higher education administration, student affairs, institutional policy, or public administration. The course provides a rigorous and practical introduction to the legal frameworks that govern colleges and universities in the United States, with consistent attention to the administrative and policy implications of legal doctrine.

Course Outline

Assignment 1: Mapping the Legal Landscape (Discussion + Concept Map)
Assignment 2: Legal Planning Memo — Institutional Liability
Assignment 3: Employment Discrimination Scenario Analysis
Assignment 4: Academic Freedom Debate + Position Paper
Assignment 5: Student Rights Audit (Policy Audit + Report)
Assignment 6: Title IX & Student Misconduct (Case Brief + Memo)
Assignment 7: Free Speech Policy Brief
Assignment 8: Regulatory Compliance Simulation + Reflection
Assignment 9: Final Portfolio + Oral Presentation
Assignment 1: Mapping the Legal Landscape (Discussion + Concept Map)
Assignment 2: Legal Planning Memo — Institutional Liability
Assignment 3: Employment Discrimination Scenario Analysis
Assignment 4: Academic Freedom Debate + Position Paper
Assignment 5: Student Rights Audit (Policy Audit + Report)
Assignment 6: Title IX & Student Misconduct (Case Brief + Memo)
Assignment 7: Free Speech Policy Brief
Assignment 8: Regulatory Compliance Simulation + Reflection
Assignment 9: Final Portfolio + Oral Presentation

Instructor's policies on late assignments and/or makeup work

Assignments submitted after the due date will receive a 10% deduction per day late, up to a maximum of 50%. Assignments will not be accepted more than five days after the due date without prior written approval from the instructor. Documented emergencies are handled individually — please contact the instructor before the deadline when possible.

Attendance Policy

Fully online course with Live Zoom Sessions throughout the term

ADA Statement

Students with medical, psychological, learning, or other disabilities desiring academic adjustments, accommodations, or auxiliary aids will need to contact the Disability Resource Center, located in Room 206F of the Sharwan Smith Center or by phone at (435) 865-8042. The Disability Resource Center determines eligibility for and authorizes the provision of services.

If your instructor requires attendance, you may need to seek an ADA accommodation to request an exception to this attendance policy. Please contact the Disability Resource Center to determine what, if any, ADA accommodations are reasonable and appropriate.

Academic Credit

According to the federal definition of a Carnegie credit hour: A credit hour of work is the equivalent of approximately 60 minutes of class time or independent study work. A minimum of 45 hours of work by each student is required for each unit of credit. Credit is earned only when course requirements are met. One (1) credit hour is equivalent to 15 contact hours of lecture, discussion, testing, evaluation, or seminar, as well as 30 hours of student homework. An equivalent amount of work is expected for laboratory work, internships, practica, studio, and other academic work leading to the awarding of credit hours. Credit granted for individual courses, labs, or studio classes ranges from 0.5 to 15 credit hours per semester.

Academic Freedom

SUU is operated for the common good of the greater community it serves. The common good depends upon the free search for truth and its free exposition. Academic Freedom is the right of faculty to study, discuss, investigate, teach, and publish. Academic Freedom is essential to these purposes and applies to both teaching and research.

Academic Freedom in the realm of teaching is fundamental for the protection of the rights of the faculty member and of you, the student, with respect to the free pursuit of learning and discovery. Faculty members possess the right to full freedom in the classroom in discussing their subjects. They may present any controversial material relevant to their courses and their intended learning outcomes, but they shall take care not to introduce into their teaching controversial materials which have no relation to the subject being taught or the intended learning outcomes for the course.

As such, students enrolled in any course at SUU may encounter topics, perspectives, and ideas that are unfamiliar or controversial, with the educational intent of providing a meaningful learning environment that fosters your growth and development. These parameters related to Academic Freedom are included in SUU Policy 6.6.

Academic Misconduct

Scholastic honesty is expected of all students. Dishonesty will not be tolerated and will be prosecuted to the fullest extent (see SUU Policy 6.33). You are expected to have read and understood the current SUU student conduct code (SUU Policy 11.2) regarding student responsibilities and rights, the intellectual property policy (SUU Policy 5.52), information about procedures, and what constitutes acceptable behavior.

Please Note: The use of websites or services that sell essays is a violation of these policies; likewise, the use of websites or services that provide answers to assignments, quizzes, or tests is also a violation of these policies. Regarding the use of Generative Artificial Intelligence (AI), you should check with your individual course instructor.

Emergency Management Statement

In case of an emergency, the University's Emergency Notification System (ENS) will be activated. Students are encouraged to maintain updated contact information using the link on the homepage of the mySUU portal. In addition, students are encouraged to familiarize themselves with the Emergency Response Protocols posted in each classroom. Detailed information about the University's emergency management plan can be found at https://www.suu.edu/emergency.

HEOA Compliance Statement

For a full set of Higher Education Opportunity Act (HEOA) compliance statements, please visit https://www.suu.edu/heoa. The sharing of copyrighted material through peer-to-peer (P2P) file sharing, except as provided under U.S. copyright law, is prohibited by law; additional information can be found at https://my.suu.edu/help/article/1096/heoa-compliance-plan.

You are also expected to comply with policies regarding intellectual property (SUU Policy 5.52) and copyright (SUU Policy 5.54).

Mandatory Reporting

University policy (SUU Policy 5.60) requires instructors to report disclosures received from students that indicate they have been subjected to sexual misconduct/harassment. The University defines sexual harassment consistent with Federal Regulations (34 C.F.R. Part 106, Subpart D) to include quid pro quo, hostile environment harassment, sexual assault, dating violence, domestic violence, and stalking. When students communicate this information to an instructor in-person, by email, or within writing assignments, the instructor will report that to the Title IX Coordinator to ensure students receive support from the Title IX Office. A reporting form is available at https://cm.maxient.com/reportingform.php?SouthernUtahUniv

Non-Discrimination Statement

SUU is committed to fostering an inclusive community of lifelong learners and believes our university's encompassing of different views, beliefs, and identities makes us stronger, more innovative, and better prepared for the global society.

SUU does not discriminate on the basis of race, religion, color, national origin, citizenship, sex (including sex discrimination and sexual harassment), sexual orientation, gender identity, age, ancestry, disability status, pregnancy, pregnancy-related conditions, genetic information, military status, veteran status, or other bases protected by applicable law in employment, treatment, admission, access to educational programs and activities, or other University benefits or services.

SUU strives to cultivate a campus environment that encourages freedom of expression from diverse viewpoints. We encourage all to dialogue within a spirit of respect, civility, and decency.

For additional information on non-discrimination, please see SUU Policy 5.27 and/or visit https://www.suu.edu/nondiscrimination.

Pregnancy

Students who are or become pregnant during this course may receive reasonable modifications to facilitate continued access and participation in the course. Pregnancy and related conditions are broadly defined to include pregnancy, childbirth, termination of pregnancy, lactation, related medical conditions, and recovery. To obtain reasonable modifications, please make a request to title9@suu.edu. To learn more visit: https://www.suu.edu/titleix/pregnancy.html.

Disclaimer Statement

Information contained in this syllabus, other than the grading, late assignments, makeup work, and attendance policies, may be subject to change with advance notice, as deemed appropriate by the instructor.