A CASE LAW HANDBOOK FOR MONTANA ADMINISTRATORS OF HIGHER EDUCATION

Three different kinds of law can influence administrative decision-making in higher education: statutory law, common law, and administrative law.;Mere knowledge of the outcome of a case is not sufficient to enable an administrator to function effectively. An administrator must know the facts of the case, the points of law on which it was decided, and the rationale on which the judge's decision was based if he is going to reach an informed decision on a potentially controversial matter.;Litigation is both costly and time-consuming, but an irrational fear of it can render an administrator ineffective. This study provides Montana administrators of higher education with a case law summary that cites only jurisdictionally relevant cases; briefs each of the cases cited; and includes the holding and the rationale for the holding.;Cases were selected for inclusion in this study as follows: all school-related cases decided between 1954 and December 1984 by the United States Supreme Court, the Ninth Circuit Court of Appeals, the Montana Federal District Court, and the Montana Supreme Court were searched out in the American Digest System under the heading "Colleges and Universities." In addition, where a secondary source such as an education law yearbook or school law journal indicated that a decision in a non-school related case had significance for school administrators, such a case was included if it was jurisdictionally relevant.;But even the most carefully written statutes are subject to differing interpretations, and administrative regulations are additionally subject to rulings on the jurisdiction of the promulgating agency. To be meaningful to an administrator, the interpretation of such laws and regulations must be by a court of relevant jurisdiction.;Judicial intervention in administrative decision-making has increased since 1954. But administrators in higher education do not intentionally or recklessly violate the law. If they were informed of the current state of the law as interpreted by courts of relevant jurisdiction, they would make every effort to conform to it. This study should aid the conscientious administrator in higher education to avoid costly litigation arising from ill-informed decision making.