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16 Cards in this Set

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Burden of Proof
relates to standard of review

beyond a reasonable doubt

the degree of scrutiny is less in institutions.
Internal Sources of Law
1. Institutional Rules and Regulations

2. Institutional Contracts

3. Campus Common Law
Statute of Limitations
the amount of time you have to file/report/make a claim.
"Exhaustion of Remedies"
must go through all systmes in a timely manner before going on to ta higher court.
Tort
a wrongful act

(not necessarily a criminal act)
Brown v. Board of Education
Said that no state institution was allowed to discriminate in admissions on the bases of race in absence of "compelling state interest."

14th Amendment
Bakke v. University of California
(Overall Finding) It bars quota systems in college admissions but affirms the constitutionaity of affirmative action programs giving as advantage to minorities

Judge Powell used the concept of "a compelling state interest" in justifying his opinion that race could be one of the many factors in admissions

(related cases) grutter and gratz
Adam v. Richardson 1973
Maintains courts decision towards desegretgation
National Defense Education Act of 1958
includes a large scale program of low interest loans for students in institutions of higher education
Michigan Cases
Gratz v. Bollinger (2003) was a case that showed that the admissions policy at U. of Michigan did not show a "compelling state interest" and was essentailly a quota system that was not allowed by the Bakke ruling

Grutter v. Bollinger (2003) upheld the affirmative action policy and the U of Michigan Law School and allowed the "compelling state interest" to stand, race used as a factor not quota
Civil Rights Act of 1964
Title 6 - bars discrimination from federal programs

Title 7 - bars discrimination in employment based on sex
Higher Education act of 1965
Authorizes various activities including community education services; resources, tarining and research for college libraries and personnel; strenghthening of developing institutions and student financial aid programs.

Continues to be the primary authorzing legislation for federal higher education spending.
TRIO Programs
Establishes Upward bound and other programs that are aimed at helping underprivileged students to go to college
1919 International Education Act
Morrill Act 1862 (1890) (Land Grant)
Gives lands to states to start colleges and institutions for the support agriculture and mechanical colleges
GI Bill (1944)
Provides funds for veterans and opens higher education to the masses
Navajo Community College Act
Establishes first tribal colleges