Ashley Brown.

Exemplary Competency – Law, Policy, and Governance

 

The Law, Policy, and Governance competency encompasses the attainment of information, skills, and attitudes regarding policy creation processes, the use of legal theories, and overall comprehension of governance structures and their effects on an individual’s professional practice (ACPA & NASPA, 2010). 

 

Within the CSP 6010 course, I learned about the differences between public and private higher education systems.  Similarly, I learned how a public funded institution must treat its constituent groups compared to a privately funded institution.  For example, any institution that identifies as public is federally mandated to give its students due process during the conduct procedure whereas students at a private institution are not guaranteed this right.  The concept of due process on college campuses was influenced by the Dixon v.  Alabama State Board of Education and Trustees of Dartmouth v. Woodward outcomes (Schuh, Jones, & Harper, 2011).  These cases defined what due process was and established the limited power the federal government has within processes in private universities.  Comparatively, public universities have to make students aware of any violations or actions being taken against them, grant students a reasonable amount of time to respond, and give an opportunity to share their perspective to the university before a decision is made.  This knowledge has helped me to better explain the differences between “public and private higher education in respect to the legal system [and] what that may mean for [different groups]” (ACPA & NASPA, 2010, p. 20).  In addition, it also demonstrates my ability to describe how “national constitutions and laws influence the rights that students have on public and private college campuses” and “the evolving legal theories [or policies] that define the student-institution relationship and how they affect professional practice” (ACPA & NASPA, 2010, p. 20). 

 

In the CSP 6010 course I also completed two issue papers that granted me the opportunity to research and “describe the public debate surrounding major policy issues in higher education” (ACPA & NASPA, 2010, p. 20).  My first issue paper focused on the matter of concealed carry policies and laws on college campuses.  This matter has been a consistent hot topic within our field as gun laws continually change in different states.  My second issue paper discussed the effectiveness of honor codes at universities.  This paper allowed me to analyze honor codes, which are institutional policies that encourage students to follow what is defined by the institution as honorable behavior.  By completing these assignments, I enhanced my understanding of the effects of federal and state governments’ roles in policy making on higher education practices (ACPA & NASPA, 2010).  

My internship experience in the Office of the Dean of Students has provided numerous chances to enhance my knowledge and skills within this competency.  For example, during a staff professional development session Sean FitzGerald, General Counsel at Bowling Green State University, presented on major policy issues and matters that have legal ramifications on institutions of higher education (ACPA & NASPA, 2010).

            As a student conduct officer, I had to learn about different federal laws that affected my daily practice, such as Family Educational Rights and Privacy Act (FERPA), Title IX, the Clery Act, and the Violence Against Women Act (VAWA).  My knowledge of FERPA was helpful when parents requested details on a case that involved their child.  In addition, I would use knowledge of Title IX, VAWA, and the Clery Act when deciding when and how quickly to report sexual misconduct incidents.  In addition to learning about these laws and policies, I also learned about the U.S.  Department of Education’s role in enforcing these laws.  My knowledge of these laws aided me in identifying “major policy makers who influence one’s professional practices” and how to “act in accordance with federal and state laws and institutional policies” (ACPA & NASPA, 2010, p. 20).

 

Since I started my graduate tenure, federal and state laws regarding Title IX have changed significantly.  The changes in expectations of how institutions handle sexual misconduct on college campuses required me as a professional to shift my current practices.  In order to gain knowledge on the changes, the conduct staff and I watched a webinar called “ASCA Legislative Update: The Campus Accountability and Safety Act”.  The new legislative acts presented in this webinar discussed their impact on current Title IX expectations and provided suggestions for implementing the changes.  Together, we discussed how we would prepare to “implement policies developed by the federal government” (ACPA & NASPA, 2010, p. 21).

 

This past year, North Carolina’s state government passed a legislation that now requires universities to allow students to hire an attorney to represent during formal university hearings.  Although the changes in state law regarding legal representation for students in formal hearings occurred in North Carolina, this change in institutional and state policy strongly impacted how we currently operate formal hearings at Bowling Green State University.  I was able to attend a session on this law change at the 2014 Annual NASPA Conference and speak with student affairs professionals about how they have adapted their practices to follow new state expectations.  I brought this information back to my staff at Bowling Green State University and we discussed how this North Carolina state law could become an emerging trend in other states within a few years.  This exercise and professional development opportunity helped me understand “emerging trends in the law and how they affect current case precedents” (ACPA & NASPA, 2010, p. 20). 

 

As a graduate student, my exposure to opportunities to gain knowledge and skills about the Law, Policy, and Governance competency has been plentiful.  Through these opportunities I have been able to grow as a professional and cultivate a true passion for this area.  The artifacts that demonstrates this competency are both of my issue papers used in CSP 6010 and the Title IX Certificate.  As referred in the description of my competency level for this area, both of these papers assisted me in learning about law and policies affecting higher education. The certificate was given to be for completing a full Title IX training session last year after the changes in policy and federal law.