Law, Policy and Governance

Reflection

I am at the foundational level in this competency area as I currently have no experience working in a U.S higher education institution. With regards to competency expectations, student affairs professionals are required to display knowledge and skills in law and legal systems, governance, ethical and inclusive application of policy, and civic engagement. I have worked adjacent to the field of U.S higher education for a decade providing information, guidance, and resources to international students in Nigeria who are applying to study at U.S colleges and Universities. I am familiar with policies that affect international students in terms of maintaining their F-1 visa status such as restrictions on entering the U.S more than 30 days before their program start date, working only on campus for a maximum of 20 hours per week during the academic year, maintaining the institution's required GPA, prompt tuition payment, early OPT application to ensure placement within 90 days after graduation, all of which have implications on a student's F-1 status. This, however, is the scope of my knowledge of laws and policies guiding U.S higher education. Looking through the competency rubrics, I see a learning gap I have to fill in terms of knowing, understanding, and interpreting laws affecting the broader higher education population, understanding governance structures, engaging in advocacy for equitable policy formation, and influencing others towards social justice.

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To grow in this area, I will take the SAA 730 class covering Law, Policy and Governance to kickstart my learning and growth. I look forward to learning about federal, state and province regulations as they affect higher education, institutional governance structures and their effect on the campus climate, policy development, implementation and critique and the role of higher education and its influence on national politics. My chosen functional area in Student Affairs is International Students programs and Services (ISPS). Having understanding about the laws and policies from the government that guide international students in U.S higher education institutions is critical to my success as a practitioner focused on the wellbeing and success of international student.

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August 2022

I was nervous about this class because I had no prior knowledge of law and it covered not only higher education law but also U.S. constitutional laws. This Masters program is my first exposure to US higher education; not being fully grounded and diving into law gave me some anxiety, but as something I couldn't avoid, I embraced it and resolved to give it my all.

By taking this class, I gained some understanding of U.S. laws pertaining to higher education in terms of institutional responsibilities to students and student rights. I have learnt that institutions are governed by internal (institutional policies) and external laws (statutes, common law and the constitution) - external laws are superior. Under the law, students enjoy certain rights and protections; freedom of association, speech, press and expression of religion (First Amendment), right to privacy and protection from unreasonable search and seizures (Fourth amendment) - housing contracts cannot undo this, right of due process if deprived of life, liberty or property (Fifth Amendment) and equal protection of the law (Fourteenth Amendment). As an international student who also plans to transition to a career in international student services and global engagement, I’m constantly looking out to see what provisions are made for international students and was glad to learn that international students also come under these protections while at U.S Colleges and universities even though the application of these laws can differ at private and public institutions. Other protections students enjoy are FERPA; academic record privacy and a right to correct those records, Title VI; protection from racial discrimination, Title IX; protection from discrimination based on sex, protections provided by the Americans with Disabilities Act and section 504 of the Rehabilitation Act prohibiting disability-based discrimination, and the Age Discrimination Act prohibiting age-based discrimination. These laws guard against all kinds of discrimination in admission, campus involvement, academics and dismissal and are tied to the disbursement of federal financial assistance to institutions.

With regards to the ACPA/NASPA Professional competencies, I place myself at the foundational level because this is my first exposure to U.S and higher education law. My participation in this class has given me an understanding of the law, the differences in application from state to state and how they influence higher education in terms of institutional responsibilities, student responsibilities, and judicial intervention. I understand the limitations of student affairs professionals and the importance of seeking legal counsel in complex situations, the importance of ‘acting reasonably’ in the execution of one’s duties as a student affairs professional with a commitment to equity, diversity and inclusion and a promotion of these values within and outside the institution. 

To demonstrate my learning, I have included a link to a case scenario analysis I conducted for a campus incident involving racial discrimination and First Amendment issues at a predominantly white public institution. I enumerated legal concerns and provided reasonable steps based on constitutional law towards resolving this heated issue that could potentially escalate to a campus emergency. This case scenario analysis incorporated my Law, Policy and Governance professional competency growth in the areas of I) Laws and Legal Systems: knowledge and application of law in context; Freedom of speech and association, Title IX and Equal protection as it relates to both the  minority and dominant student groups, II) Governance; understanding the institutional structure, appropriate channels of communication and deference to supervisors in the process of responding to situations on campus, III) Ethical and Inclusive Application of Policy; using institutional policy to promote equity and inclusion on campus and seeing campus incidents as opportunities to critically examine existing policies. 

Armed with this new area of knowledge, I am able to view higher education, its operations and community through the lens of applicable laws, engage in discussions, counsel students and respond to situations within the provisions of the law. I understand the implications of certain actions and inactions and can advise students and administration on how to approach different campus-related situations; discrimination, safety concerns, students’ immigrant status, disciplinary issues, contracts, and students’ rights basing my counsel on relevant historical judgments and existing laws. 

This is a new area for me and there is more opportunity for growth than anything else. I intend to gain more exposure in this area by first-hand experience as a student affairs professional on a U.S. campus. I plan to transition into higher education following the completion of my Master’s program to apply my knowledge to real-world settings, gain practical experience and be fully grounded in this competency area and in all others as I believe this immersive experience is critical to internalizing my newly acquired knowledge. My goal is to continue to grow in this area by building knowledge and skills through experience.    ‘