The Legal, Professional, and Ethical Dimensions of Education in Nursing

by Smith, Mable

• ISBN13: 9780826199539
• ISBN10: 0826199534
• Edition: 2nd
• Format: Paperback
• Copyright: 2011-11-01
• Publisher: SPRINGER PUB CO INC

Summary

The only volume on higher education law written Specifically for nursing faculty, this volume imparts the basic foundations of the legal, professional, and ethical issues that concern faculty on a daily basis. It clearly defines the legal rights of students, professors, and educational institutions, along with the case laws supporting those rights. Each chapter contains a vivid legal scenario, related legal principles and theoretical foundations, and critical thinking questions. Written by an author who is both a nurse educator and attorney, the volume emphasizes sound decision making so that readers can successfully navigate the complex legal issues confronting them.

Table of Contents

Contributors	p. xi
Reviewers	p. xiii
Preface	p. xv
Acknowledgments	p. xix
The Legal Framework of Higher Educational Environments
The Legal Rights of Students	p. 3
Introduction	p. 3
Due Process	p. 5
Types of Due Process	p. 7
Academic Deference	p. 22
Contract	p. 24
Professional Dimension	p. 31
Ethical Dimension	p. 32
Responses to Critical Thinking Questions	p. 34
Annotated Bibliography	p. 36
The Legal Rights of Students and Faculty: Related to Freedom of Speech	p. 47
Introduction	p. 47
First Amendment Rights of Students	p. 49
First Amendment Rights of Faculty	p. 62
Definition of Academic Freedom	p. 64
Developmental Stages of Academic Freedom	p. 64
Academic Freedom in Publications	p. 73
Academic Freedom in Classroom Activities	p. 74
E-Mails	p. 81
Academic Freedom in Extramural Activities	p. 87
Professional Dimension	p. 89
Ethical Dimension	p. 90
Responses to Critical Thinking Questions	p. 92
Annotated Bibliography	p. 93
Faculty Protection against Lawsuits	p. 99
The Eleventh Amendment	p. 101
Types of Immunity	p. 104
Immunity in Private Colleges and Universities	p. 112
Professional Dimension	p. 113
Ethical Dimension	p. 114
Responses to Critical Thinking Questions	p. 115
Annotated Bibliography	p. 117
Faculty and the Employment Relationship	p. 123
Introduction	p. 123
The Academic Appointment Process	p. 124
Type of Employment	p. 132
Tenure Process	p. 138
Due Process	p. 145
Termination for Cause	p. 147
Discrimination	p. 152
Professional Dimension	p. 166
Ethical Dimension	p. 167
Responses to Critical Thinking Questions	p. 168
Annotated Bibliography	p. 169
The Professional Framework Governing The Educator's Role
Faculty Relations in Academic Environments	p. 181
Introduction	p. 181
Faculty-to-Faculty Relationships	p. 183
Faculty-to-Student Relationships	p. 188
Family Educational Rights and Privacy Act of 1974 (FERPA)	p. 199
Sexual Harassment	p. 205
Professional Dimension	p. 216
Ethical Dimension	p. 217
Responses to Critical Thinking Questions	p. 218
Annotated Bibliography	p. 219
The Teaching Role of Faculty	p. 225
Introduction	p. 225
General Teaching Responsibilities of Faculty	p. 227
Providing Feedback in Online Courses	p. 239
Responsibilities of Clinical Faculty	p. 240
Student Evaluations	p. 244
Accommodations for Students with Special Needs	p. 246
Professional Dimension	p. 249
Ethical Dimension	p. 250
Responses to Critical Thinking Questions	p. 251
Annotated Bibliography	p. 252
The Scholarship Role of Faculty	p. 257
Introduction	p. 257
Defining Nursing Scholarship	p. 258
Publications	p. 259
Research	p. 265
Copyright	p. 271
Patents	p. 281
Professional Dimension	p. 283
Ethical Dimension	p. 284
Responses to Critical Thinking Questions	p. 285
Annotated Bibliography	p. 287
The Service/Practice Role of Faculty	p. 293
Introduction	p. 293
Academic Responsibilities: Service Component	p. 297
Faculty Practice	p. 298
Faculty Practice Models	p. 300
Compensation for Practice	p. 303
University Policies Regarding Outside Employment	p. 306
Professional Dimension	p. 308
Ethical Dimension	p. 308
Responses to Critical Thinking Questions	p. 309
Ethical Framework of Higher Education
Ethical Considerations in Education Environments	p. 317
Introduction	p. 317
Ethical Codes in Professional Programs	p. 319
Ethical Framework Governing Academia	p. 324
Ethical Theories	p. 326
Ethical Principles	p. 328
Professional Dimension	p. 332
Ethical Dimension	p. 333
Responses to Critical Thinking Questions	p. 334
How to Read a Legal Case	p. 337
How to Research Legal Topics	p. 353
Glossary	p. 361
Index	p. 367
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