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The Law, Policy, and Governance competency area includes the knowledge, skills, and attitudes relating to policy development processes used in various contexts, the application of legal constructs, and the understanding of governance structures and their effect on one's professional practice.
Basic
One should be able to
- explain the differences between public and private higher education with respect to the legal system and what they may mean for students, faculty, and staff at both types of institutions;
- describe the evolving legal theories that define the student–institution relationship and how they affect professional practice;
- describe how national constitutions and laws influence the rights that students, faculty, and staff have on public and private college campuses;
- explain the concepts of risk management and liability reduction strategies;
- explain when to consult with one's immediate supervisor and campus legal counsel about those matters that may have legal ramifications;
- act in accordance with federal and state/province laws and institutional policies regarding nondiscrimination;
- describe how policy is developed in one's department and institution, as well as the local, state/province, and federal levels of government;
- identify the major policy makers who influence one's professional practice at the institutional, local, state/province, and federal levels of government;
- identify the internal and external special interest groups that influence policy makers at the department, institutional, local, state/province, and federal levels;
- describe the public debates surrounding the major policy issues in higher education, including access, affordability, accountability, and quality;
- describe the governance systems at one's institution, including the governance structures for faculty, staff, and students;
- describe the system used to govern or coordinate one's state/province system of higher education, including community college, for-profit, and private higher education; and
- describe the federal and state/province role in higher education.
Intermediate
One should be able to
- explain the legal theories connected with torts and negligence and how they affect professional practice;
- explain the legal theories connected with contract law and how they affect professional practice;
- incorporate best practices of the profession when managing institutional and personal tort liability;
- identify emerging trends in the law and understand how they affect current case precedent;
- appropriately consult with students or represent the student voice in departmental, divisional, and institutional policy development efforts;
- use data appropriately to guide the analysis and creation of policy;
- implement policies developed by one's department and institution, as well as the local, state/province, and federal levels of government;
- implement best practices of the profession to advance one's institution with respect to access, affordability, accountability, and quality;
- explain the operating parameters established by the internal governance system of one's institution as it relates to one's professional practice; and
- explain the parameters established by the external governing bodies to which one's institution reports as it relates to one's professional practice.
Advanced
One should be able to
- develop institutional policies and practices that are consistent with federal and state/province law;
- develop institutional policies and practices that effectively manage institutional and personal tort liability;
- develop institutional policies and practices consistent with contract law;
- develop institutional policies and practices consistent with civil rights, desegregation, and affirmative action law;
- develop institutional policies and practices consistent with emerging trends in higher education law;
- develop policies in one's department and institution; and influence policy making at the local, state/province, and federal levels of government when appropriate;
- ensure departmental programs and facilities are compliant with any applicable environmental policies or mandates from governing bodies;
- participate effectively in the governance system of one's institution when appropriate; and
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provide appropriate and ethical influence with the governing bodies to which one's institution reports.