Legal and Ethical
Issues in Academic Advising
Legal issues involved
in academic advising generally fall under four categories (D. Parker
Young, "Legal Issues Regarding Academic Advising," NACADA
Journal, November 1982):
- The contractual
relationship between students and the institution
- Guidelines
governing privacy of student records
- The concept
of privileged communications
- Academic
due process and the need for grievance procedures
Through its
publications, most notably the catalogs and departmental materials,
the university establishes contractual obligations between the institution
and students. Responsibility for knowing requirements ultimately
rests with students; advisors will not be held personally liable
for negligent, irresponsible, or capricious behavior of students.
By keeping complete and accurate notes of advising sessions, advisors
can forestall future disputes as well as protect themselves against
claims of erroneous advising.
It is good
policy to recognize the limitations of an advisor's role. Knowing
when and where to refer students who present questions or problems
that extend beyond the scope of advising or the individual advisor's
knowledge can help avoid charges of inappropriate or inaccurate
advising and the possible consequences of such allegations. Advisors
who are confronted with student grievances concerning academic affairs
should be familiar with the University
Catalog and inform students of appropriate administrative
remedies.
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