Legal and Ethical Issues in Advising
Legal Issues
Listed below is a brief description of the legal issues affecting advisement. For further information, advisors should consult the resources cited at the end of this section and the relevant articles printed in the appendix.
Understanding the legal implications of advising not only can save advisors from potential problems, but it can also improve the advisor/student relationship by clarifying advisors' and students' rights and responsibilities.
According to Jerry Ford (1990), the courts generally respect and recognize the expertise of academicians and are reluctant to interfere in educational and academic matters unless some action occurs that is egregious and denies students their protected rights. Most legal issues related to academic advising fall under four areas:
- The contractual relationship between student and institution;
- Guidelines governing privacy of student records;
- The concept of privileged communications; and
- Academic due process and the need for grievance procedures.
The University's catalog and other publications form the basis of a contract with the student. The responsibility for knowing this information rests with the student and, as long as the advisor is not grossly negligent, arbitrary or capricious, the advisor will not be held personally responsible. Advisors can protect themselves by keeping good notes of advising sessions and by knowing when and where to refer, should the student's questions or problems extend beyond the advisor's expertise.
The guidelines governing student privacy issues are included in the Family Educational Rights and Privacy Act (FERPA) of 1974 (20 U.S.C.ß 1232g). You may also hear this referred to as the Buckley Amendment. FERPA provides students with access to their educational records, including advising notes. Also, if a student is independent (as defined by the IRS code), the Act prohibits sharing information with anyone, including parents, without the student's written consent. For additional information go to http://www.ed.gov/offices/OM/fpco/ferparegs.html, and you will be able to read the complete regulations. Information about FERPA is also located on the Shippensburg website under the Faculty Information System (FIS).
Advisors must respect a student's privacy and should take great care in recording information about advising discussions. In addition, care should be taken in maintaining confidentiality in discussing issues regarding students with other faculty, administrators, or staff. Such privileged communications are permitted and appropriate if the shared information is necessary to help a student and in his or her best interests.
Students are given due process and have recourse in grievances and other academic matters through the policies and procedures outlined in the catalog and through the dean's and provost's offices.
