Kevin P. Long
Law, Policy, & Governance
Student affairs practitioners must stay current with the happenings of our profession, especially in regards to law and policies. There are laws that dictate our actions on a state, county, or national scale; there are policies that guide our practices with various levels and constituents involved; finally, there are models of governance structures that feature various forms of chains of command, hierarchical roles that dictate how an academic organization might be structured and/or viewed by the outside community (Hendrickson et al, 2013). Through my coursework and professional position, I work to become more proactive with the various policies, trends, systems, and structures, instead of reacting in a way that is hasty or unprepared.
In EDU 811, Administration and Organization in Higher Education, I was awestruck by the different forms and roles of governing bodies at institutions; at that point, I had only studied and attended/worked for institutions with similar structures and methods. It was flabbergasting to me that some institutions have expansive boards with dozens of trustees, while others have more than one governing board; some even have members living across the globe that play a key role in the institution's advancement both at home and abroad! Studying the various systems and influences in place has helped me understand the various forces and factors that play into running an institution of higher learning. Instead of wondering why an institution does not just throw money or resources at situation A, or find immediate and logical solutions for situation B, I am better equipped to understand the push and pull that occurs behind closed doors, and the inside and outside influences that dictate what happens, when it happens, how it happens, and why it happens. In particular, the Carnegie Foundation for the Advancement of Teaching (2010) enhanced my understanding of institutional differences, and what this means for the structure of an institution and how our students are served.
Arguably the core of this competency is grasping and abiding by established legal policies that focus on confidentiality, discrimination, Title IX, inclusiveness, Americans with Disability Act (ADA), and others. During my time working in Disability Services (at both Framingham State University and currently at MCPHS University), I have been able to formulate an understanding of viewing law and policy in a disability services lens; specifically, the parameters of my own position and how it is related directly to internal and external governance systems at my respective institutions (NASPA & ACPA, 2010). The Law, Policy, and Governance calls for examining evolving policies and laws that impact our practice.
In keeping with the evolving trends that law and policy often shift towards, I have spent much time examining this shift in policy and law that has directly impacted my practice, and the practice of student affairs professionals long before me. Attached you'll find a comprehensive examination of the various laws and policies that have shifted over time. These shifts have meant monumental changes for our practices, and have bettered the lives of millions of people who would have otherwise received little to no education at all.
When examining these legal trends and adjustment of practices, the idea of risk management comes to mind; how do institutions respond to risks in the institutional setting, or to crises that arise? Are they proactive, or more reactive in how they handle the various happenings running what is often forgotten to be a business? In EDU 776, Current Issues in Student Affairs, I was presented with a case study of a real-life crises that occurred at University of Massachusetts, Boston in 1992. The UMass Boston vandalism case is a perfect mix of examining law components - discrimination and vandalism - along with governance structure - how an institution responds to a crisis. Here, it became apparent that NASPA & ACPA (2010) competencies were not being followed, as there was virtually no appropriate consultation with students regarding divisional or institutional policy shifting. This had a ripple effect, and you will find the deep impact of the events that unfolded in my UMass Boston case study attached to this page.
While the foundation of my understanding of laws and policies is based in working with students with disabilities, my coursework and experiences have armed me with a more holistic understanding of how to advocate for students while also taking into account policies, laws, and institutional context.
References
ACPA & NASPA. (2010). Professional competency areas for student affairs practitioners. Washington, DC: Authors.
Americans With Disabilities Act of 1990. (1990). Americans with disabilities act of 1990, as amended with ADA amendments act of 2008. Retrieved December 27, 2015, from http://www.ada.gov/pubs/adastatute08.htm
Bolman, L. G. & Deal, T. E. (2013). Reframing organizations: Artistry, choice, and leadership (5th
edition). San Francisco, CA: Jossey-Bass.
Carnegie Foundation for the Advancement of Teaching. (2010). Carnegie Classifications. Retrieved from http://classifications.carnegiefoundation.org/lookup_listings/institution.php
Hendrickson, R. M., Lane, J. E., Harris, J. T., & Dorman, R. H. (2013). Academic leadership and governance of higher education: A guide for trustees, leaders, and aspiring leaders of two- and four-year institutions. Sterling, VA: Stylus.