Leadership Exchange - Summer 2010

the code enjoy protection by no less than the Fourteenth Amendment to the U.S. Constitution. Moreover, institutions must adhere to their own policies. It is no wonder, then, that the typical SSAO must demonstrate an encyclopedic knowledge of the institution’s student discipline provisions.

➤ Disability rights. What is a disability? Who qualifies as an individual with a disability? Is a reasonable accommodation necessary? Would a requested accommodation require a fundamental alteration of a program offering? The SSAO and the disability resources staff possess the legal and technical expertise necessary to tackle the often-thorny issues under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

➤ Student records. Respecting the confidentiality of student records is the duty of virtually every school employee. However, the SSAO and colleagues in the registrar’s office are the real in-house experts when it comes to navigating the proverbial jungle that is the Family Educational Rights and Privacy Act (FERPA).

➤ Financial aid. Helping students meet the cost of an education demands that student affairs professionals master the regulatory labyrinth of federal financial aid law. To learn what the college’s responsibilities will be under recent changes to the law, students and staff need only consult their SSAO. It is likely that the SSAO will be well informed about the latest changes.

Proving that SSAOs actually prevent lawsuits—in the interest of accountability measures—can be a challenge. Still, senior administrators and even trustees should not underestimate the role of the SSAO in keeping the school from becoming a defendant.

As universities function with ever-dwindling resources, student affairs positions are often deemed appropriate targets for budget cuts. Eliminating such positions, however, may well have the added effect of weakening defenses against costly litigation. Student affairs professionals use their specialized legal knowledge countless times a day. Through their diligence, liability is averted, and resources are saved.

Few specialties are as dynamic as education law. The legal landscape currently sculpted by courts and legislative bodies bears little resemblance to what institutions will cope with 10 years from now. SSAOs must be supported—through monographs, periodicals, seminars, and online tools—in their efforts to stay current with the law. Professionals who aspire to SSAO positions merit that same type of support. They will inevitably move up the ranks as SSAOs assume other leadership positions or transition to careers outside the academy that make for a better night’s sleep. LE

Peter Kushibab is the former general counsel for the Maricopa County Community College District in Arizona. Among other things, he now teaches classes in education law and public administration at Northern Arizona University.