Legal Considerations for Assessment and Institutional Research Leaders New Directions for Institutional Research, Number 172

What can an institutional research leader do to ensure their unique roles do not place them or their institution in a legally challenging situation? In this monograph, IR practitioners, legal counselors, and scholars combine their expertise to examine unique legal challenges IR professionals face, offering guidelines for operating within legal boundaries and sustaining effective IR practices.

Topics covered in this volume include:

• using legal precedents and law as a framework for guiding practice and policies;
• the latest on FERPA;
• dealing with security breaches;
• a review of employment, discrimination, harassment, intellectual property, and export control laws;
• recommendations for limiting liability; and
• how accreditation may change from voluntary to a contractual or even constitutional protections effort.

EDITORS’ NOTES 7
Matthew Fuller, PhD

1. The Practices, Policies, and Legal Boundaries Framework in Assessment and Institutional Research 9
Matthew Fuller, PhD

Chapter 1 offers a framework for using legal case precedents as a guideline for assessment and institutional research practices and policies.

2. An Update on the Family Educational Rights and Privacy Act 25
Matthew Fuller, PhD

Chapter 2 covers the historical contexts, recent developments, and common misconceptions of The Family Educational Rights and Privacy Act.

3. The Legal Implications of Storing Student Data: Preparing for and Responding to Data Breaches 37
Katie Beaudin, Esq

Chapter 3 outlines threats IR staff face to securely storing and managing data, offers advice on hiring third party vendors, and describes precautions and responses to data breaches.

4. A Primer on Employment and Intellectual Property Law: Legal Guidance for Supervisors of Assessment and Institutional Research Staff 49
William Knight, PhD, Elizabeth Timmerman Lugg, JD, PhD

Chapter 4 offers insights into employment, harassment, and intellectual property laws institutional research leaders may face in supervising staff members.

5. What Did You Know and When Did You Know It? Data’s Potential for Institutional Legal Issues 61
Timothy D. Letzring, JD, EdD

Chapter 5 considers the extent to which knowledge of specific student performance or concerns creates an institutional liability.

6. The Evolving Nature of Higher Education Accreditation: Legal Considerations for Institutional Research Leaders 73
Julee T. Flood, JD, PhD, Jeff Roberts, MA

Chapter 6 reviews the purpose, history, and process of accreditation and provide possible developments in the future of how accreditation will be considered by courts.

7. When Does Institutional Research Rhetoric Create a Student Cause of Action? 85
Rhonda Vickers Beassie, JD

Chapter 7 reflects upon ways in which data and rhetoric of assessment might create potential student causes of action.

8. The Value of Law in Assessment and Institutional Research 99
Gage Paine, JD, PhD

Chapter 8 synthesizes the concepts offered in the monograph and offers advice on enlisting the support of other colleagues to support effective institutional leadership.

INDEX 107

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